Transcript Protection of the environment – the driving forces PROTECT WP1 Workshop, Chester, 29 March 2007 Natural England….who are we?..

Protection of the environment – the driving forces
PROTECT WP1 Workshop, Chester, 29 March 2007
Natural England….who are we?.. and what do we
do?
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Natural England is a new organisation which has been established under the Natural
Environment and Rural Communities Act 2006. It is a non-departmental public body. It has
been formed by bringing together English Nature and parts of the Rural Development
Service and the Countryside Agency.
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Natural England has been charged with the responsibility to ensure that England’s unique
natural environment including its flora and fauna, land and seascapes, geology and soils
are protected and improved.
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Natural England’s purpose as outlined in the Act is to ensure that the natural environment is
conserved, enhanced, and managed for the benefit of present and future generations,
thereby contributing to sustainable development.
Why am I here?
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Senior specialist – Pesticides and Toxic Substances
Remit covers
• Plant protection products, biocidal products, veterinary medicines, general
chemicals, and radioactivity.
• Advise government, statutory committees, statutory agencies, and others on
the risk (and impacts) on wildlife and protected areas.
Environmental Drivers
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International Conventions
European Legislation
UK Legislation
Government Targets (PSA)
Environmental assessments are also carried out for chemicals under current
European approvals legislation.
International Conventions
The UK is a contracting party to a number of international conventions.
• the protection of wetlands of international importance (Ramsar Convention)
• the protection of sites of international cultural or natural significance (World Heritage
Convention)
• the regulation of wildlife trade (CITES)
• the protection of species and habitats of European importance (Bern Convention)
• the protection of migratory species (Bonn Convention)
Following the Earth Summit in 1992, two further agreements were concluded:
• the Convention on Biological Diversity
• the Climate Change Convention
Also in 1992, the OSPAR Convention was concluded to address the protection of the
marine environment in the North-east Atlantic.
The Convention on the Conservation of European Wildlife
and Natural Habitats (the Bern Convention)
The Bern Convention was adopted in Bern, Switzerland in 1979, and came into force in
1982.
The principal aims of the Convention are:
• to ensure conservation and protection of all wild plant and animal species and their
natural habitats (listed in Appendices I and II of the Convention),
• to increase cooperation between contracting parties, and
• to afford special protection to the most vulnerable or threatened species (including
migratory species) (listed in Appendix 3)
To this end the Convention imposes legal obligations on contracting parties, protecting
over 500 wild plant species and more than 1000 wild animal species.
The UK ratified the Bern Convention in 1982.
The Convention was implemented in UK law by the Wildlife and Countryside Act (1981
and as amended).
The Convention on the Conservation of European Wildlife
and Natural Habitats (the Bern Convention)
To implement the Bern Convention in Europe, the European Community adopted two
Council Directives:
• Council Directive 79/409/EEC on the Conservation of Wild Birds (the EC Birds
Directive) in 1979, and
• Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild
Fauna and Flora (the EC Habitats Directive) in 1992.
Among other things the Directives provide for the establishment of a European network
of protected areas (Natura 2000), to tackle the continuing losses of European
biodiversity on land, at the coast and in the sea to human activities.
Further UK legislation was introduced (Natural Habitats &c.) Regulations (1994), and the
Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 to implement
those parts of the Habitats Directive not already covered in national legislation.
The Convention on the Conservation of Migratory Species
of Wild Animals (Bonn Convention)
The Convention on the Conservation of Migratory Species of Wild Animals was
adopted in Bonn, Germany in 1979 and came into force in 1985. (The UK ratified the
Convention in 1985).
Contracting Parties work together to conserve migratory species and their habitats by;
• providing strict protection for endangered migratory species (listed in Appendix 1 of
the Convention),
• concluding multilateral Agreements for the conservation and management of
migratory species which require or would benefit from international cooperation
(listed in Appendix 2), and by
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undertaking co-operative research activities.
The legal requirement for the strict protection of Appendix I species is provided by the
Wildlife & Countryside Act (1981 and as amended).
The UK has currently ratified three legally binding Agreements under the Convention:
• the Agreement on the Conservation of Populations of European Bats (EUROBATS);
• the African-Eurasian Migratory Waterbird Agreement (AEWA); and
• ASCOBANS.
SOURCE: JNCC (www.jncc.gov.uk)
The Agreement on the Conservation of African-Eurasian
Migratory Waterbirds (AEWA)
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The Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was
concluded in The Hague, the Netherlands in 1995 and entered into force in November 1999.
The AEWA covers 235 species of birds ecologically dependent on wetlands for at least part
of their annual cycle, with a geographic area encompassing 117 countries from Europe,
parts of Asia and Canada, the Middle East and Africa.
The Agreement provides for coordinated and concerted actions to be taken by the Range
States throughout the migration systems of the waterbirds to which it applies.
Parties to the Agreement are called upon to engage in a wide range of conservation actions
which are described in a comprehensive Action Plan. This detailed plan addresses such key
issues as species and habitat conservation, management of human activities, research and
monitoring, education and information, and implementation.
The UK ratified AEWA in 1999.
The UK's legal obligations for the protection of endangered migratory waterbird species are
implemented through the Wildlife and Countryside Act (WCA) 1981 (as amended) and the
Wildlife (Northern Ireland) Order 1985. In England and Wales, the provisions of the WCA
have recently been strengthened through the Countryside and Rights of Way Act (2000).
this framework also provides for the protection of sites important for waterbird species
(including Special Protection Areas classified under the EC Directive on the Conservation of
Wild Birds, and UK wetlands designated under the Ramsar Convention on Wetlands).
The legal status of these internationally important sites is strengthened by the Conservation
(Natural Habitats &c.) Regulations 1994, and the Conservation (Natural Habitats etc.)
Regulations (Northern Ireland) 1995.
SOURCE: JNCC (www.jncc.gov.uk)
The Agreement on the Conservation of Populations of
European Bats (EUROBATS)
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The Agreement on the Conservation of Populations of European Bats (EUROBATS)
was concluded in London, UK in September 1991, and came into force in January
1994.
The title of the Agreement makes it clear that bio-geographical rather than political
boundaries define the Agreement area.
The Agreement aims to address threats to all 37 species of bats identified in Europe
arising from habitat degradation, disturbance of roosting sites and harmful
pesticides.
To this end, Parties to the Agreement agree to work through legislation, education,
conservation measures and international co-operation with other Agreement
members and with those who have not yet joined.
In 1995, the First Session of the Meeting of Parties to the Agreement formed an
Action Plan, which was to be translated into international action.
They established an Advisory Committee to carry forward this Plan between the
Meetings of Parties.
The Action Plan also places considerable emphasis on monitoring and international
protection measures for species which migrate the furthest across Europe, in order to
identify and address possible dangers caused by bottle-neck situations in their
migratory routes.
The Agreement on the Conservation of Populations of
European Bats (EUROBATS)
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The UK ratified EUROBATS in January 1994.
All bats and their roosts are protected in the UK under the provisions of the Wildlife &
Countryside Act (WCA) 1981 and the Wildlife (Northern Ireland) Order 1985.
In England and Wales the provisions of the WCA have recently been strengthened
through the Countryside and Rights of Way (CroW) Act 2000.
Certain bat species are also listed on Annex II of the European Habitats Directive,
which is implemented in the UK through the Conservation (Natural Habitats, &c.)
Regulations 1994 (as amended), and the Conservation (Natural Habitats, etc.)
Regulations (Northern Ireland) 1995.
As of July 2003, the UK had recommended 38 maternity and hibernacula areas as
candidate Special Areas of Conservation (cSACs) under the Habitats Directive.
Implementation of the UK Biodiversity Action Plan also includes action for a number
bat species and the habitats which support them.
COUNCIL DIRECTIVE OF 2 APRIL 1979
ON THE CONSERVATION OF WILD BIRDS ( 79/409/EEC )
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In 1979, the European Community adopted Council Directive 79/409/EEC on the
conservation of wild birds (the 'Birds Directive'), in response to the 1979 Bern
Convention on the conservation of European habitats and species (the 'Bern
Convention').
The Directive provides a framework for the conservation and management of, and
human interactions with, wild birds in Europe.
It sets broad objectives for a wide range of activities, although the precise legal
mechanisms for their achievement are at the discretion of each Member State (in the
UK delivery is via several different statutes).
The Directive applies to the UK and to its overseas territory of Gibraltar.
The main provisions of the Directive include:
• The maintenance of the favourable conservation status of all wild bird species across
their distributional range (Article 2) with the encouragement of various activities to
that end (Article 3).
• The identification and classification of Special Protection Areas for rare or vulnerable
species listed in Annex I of the Directive, as well as for all regularly occurring
migratory species, paying particular attention to the protection of wetlands of
international importance (Article 4).
SOURCE: JNCC (www.jncc.gov.uk)
COUNCIL DIRECTIVE OF 2 APRIL 1979
ON THE CONSERVATION OF WILD BIRDS ( 79/409/EEC )
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Article 4
1 . The species mentioned in Annex I shall be the subject of special conservation
measures concerning their habitat in order to ensure their survival and reproduction
in their area of distribution .
4) in respect of the protection areas referred to in paragraphs 1 and 2 above ,
member states shall take appropriate steps to avoid pollution or deterioration of
habitats or any disturbances affecting the birds , in so far as these would be
significant having regard to the objectives of this article . Outside these
protection areas , member states shall also strive to avoid pollution or
deterioration of habitats .
SOURCE: JNCC (www.jncc.gov.uk)
European Legislation
Environmental
• Habitats Directive
• Birds Directive
Chemicals
• Water Framework Directive
• Thematic Strategies – Pesticides and Soil
• Approvals legislation e.g. Plant Protection Products; Biocidal Products; Veterinary
Medicines; Existing Substances; REACH
UK Legislation – Protected areas and species
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Habitats Regulations – Special Conservation Areas (SAC)
Birds Directive – Special Protected Areas (SPA)
Wildlife and Countryside Act 1981- Sites of Special Scientific Interest
UK BAP
Habitats Directive
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The Habitats Directive requires the establishment of a series of high quality Special
Areas of Conservation (SACs) across Europe that will make a significant contribution
to conserving the 169 habitat types and 623 species identified in Annexes I and II of
the Directive.
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A total of 77 Annex I habitats occur in the UK, of which 22 are priority types. 51
Annex II species have been recorded in the UK in recent times, only one of which is a
priority.
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These include, plants such as the lady slipper orchid, invertebrates, fish, newts,
otters, bats, seals and cetaceans.
SOURCE: JNCC (www.jncc.gov.uk)
Special Areas of Conservation (SAC)
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SACs are designated under the EC Habitats Directive. The Directive applies to
the UK and the overseas territory of Gibraltar. SACs are areas which have been
identified as best representing the range and variety within the European Union
of habitats and (non-bird) species listed on Annexes I and II to the Directive.
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SACs in terrestrial areas and territorial marine waters out to 12 nautical miles
are designated under the Conservation (Natural Habitats, &c.) Regulations 1994
(as amended).
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In the UK, designation of SACs is devolved to the relevant administration within
each country.
SOURCE: JNCC (www.jncc.gov.uk)
England
Number of SAC
Sum of SAC area
England/Scotland
Number of SAC
Sum of SAC area
England/Wales
Number of SAC
Sum of SAC area
Northern Ireland
Number of SAC
Sum of SAC area
Scotland
Number of SAC
Sum of SAC area
Wales
Number of SAC
Sum of SAC area
Overseas Territory
Number of SAC
Sum of SAC area
Total Number of SACs
Total Sum of SAC area (ha)
229
809,198.96
3
112,478.10
5
5,551.96
53
66,320.60
236
921,222.18
85
589,890.34
2
6230.35
613
2,510,892.49
SOURCE: JNCC (www.jncc.gov.uk)
Habitats Directive - Council Directive 92/43/EEC Article 6
1. For special areas of conservation, Member States shall establish the necessary conservation measures
involving, if need be, appropriate management plans specifically designed for the sites or integrated into
other development plans, and appropriate statutory, administrative or contractual measures which
correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex
II present on the sites.
2. Member States shall take appropriate steps to avoid, in the special areas of
conservation, the deterioration of natural habitats and the habitats of species as well
as disturbance of the species for which the areas have been designated, in so far as
such disturbance could be significant in relation to the objectives of this Directive.
3. Any plan or project not directly connected with or necessary to the management of
the site but likely to have a significant effect thereon, either individually or in
combination with other plans or projects, shall be subject to appropriate assessment
of its implications for the site in view of the site's conservation objectives. In the light
of the conclusions of the assessment of the implications for the site and subject to
the provisions of paragraph 4, the competent national authorities shall agree to the
plan or project only after having ascertained that it will not adversely affect the
integrity of the site concerned and, if appropriate, after having obtained the
opinion of the general public.
4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative
solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public
interest, including those of a social or economic nature, the Member State shall take all compensatory
measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the
Commission of the compensatory measures adopted.
5. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only
JNCC (www.jncc.gov.uk)
considerations which may be raised are those relating to human health or SOURCE:
public safety,
to beneficial
consequences of primary importance for the environment or, further to an opinion from the Commission, to
other imperative reasons of overriding public interest.
Habitats Directive - Council Directive 92/43/EEC Article 10
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Member States shall endeavour, where they consider it necessary, in their land-use
planning and development policies and, in particular, with a view to improving the
ecological coherence of the Natura 2000 network, to encourage the management of
features of the landscape which are of major importance for wild fauna and flora.
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Such features are those which, by virtue of their linear and continuous structure
(such as rivers with their banks or the traditional systems for marking field
boundaries) or their function as stepping stones (such as ponds or small woods), are
essential for the migration, dispersal and genetic exchange of wild species.
SOURCE: JNCC (www.jncc.gov.uk)
Special Protected Areas (SPA)
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SPAs are classified by the UK Government under the EC Birds Directive.
The Directive applies to the UK and the overseas territory of Gibraltar.
SPAs are areas of the most important habitat for rare (listed on Annex I to the
Directive) and migratory birds within the European Union.
SPAs in terrestrial areas and territorial marine waters out to 12 nautical miles
are classified under the Wildlife and Countryside Act 1981.
New and/or amended Habitats Regulations are shortly to be introduced to
provide a mechanism for the designation of SPAs and SACs in UK offshore
waters (from 12-200 nm).
SPAs, together with SACs, form the Natura 2000 network.
SOURCE: JNCC (www.jncc.gov.uk)
Country
Data
England
Number of Sites
78
Sum of Site area
648,683.10
Number of Sites
1
Sum of Site area
43,636.73
Number of Sites
2
Sum of Site area
37,747.83
Number of Sites
14
Sum of Site area
108,207.12
Number of Sites
140
Sum of Site area
598,275.60
Number of Sites
17
Sum of Site area
123,007.39
England/Scotland
England/Wales
Northern Ireland
Scotland
Wales
Total Number of Sites
Total Sum of Site area (ha)
Total
252
1,559,557.77
SOURCE: JNCC (www.jncc.gov.uk)
UK Legislation – Forthcoming changes to the Habitats Regulations
affecting the protection given to European Protected Species
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At the end of April the Conservation (Natural Habitats, &c) Regulations will be
amended to address gaps and inconsistencies identified by the European Court in the
way that the UK transposed the Habitats Directive into domestic legislation in 1994.
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In parallel, the new Offshore Marine Conservation (Natural Habitats, &c.) Regulations
2007 will extend the requirements of the Habitats Directive from 12 nautical miles
(the point at which our responsibility ends) to 200 nautical miles from the coast. We
will be working closely with the Marine Fisheries Agency to ensure a common
approach to regulatory activities.
Wildlife and Countryside Act 1981
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The Wildlife and Countryside Act 1981(WCA 1981) consolidates and amends existing
national legislation to implement the Convention on the Conservation of European
Wildlife and Natural Habitats (Bern Convention) and Council Directive 79/409/EEC on
the Conservation of Wild Birds (Birds Directive) in Great Britain.
It is complimented by the Wildlife and Countryside (Service of Notices) Act 1985,
which relates to notices served under the 1981 Act, and the Conservation (Natural
Habitats, &c.) Regulations 1994 (as amended), which implement Council Directive
92/43/EEC on the conservation of natural habitats and of wild fauna and flora (EC
Habitats Directive).
The Act received royal assent on 30 October 1981 and was brought into force in
incremental steps. Amendments to the Act have occurred, the most recent being the
Countryside and Rights of Way (CRoW) Act 2000 (in England and Wales) and the
Nature Conservation (Scotland) Act 2004 (in Scotland).
There is also a statutory five-yearly review of Schedules 5 and 8 (protected wild
animals and plant respectively), undertaken by the country agencies and coordinated by the Joint Nature Conservation Committee.
Containing four Parts and 17 Schedules, the Act covers protection of wildlife (birds,
and some animals and plants), the countryside, National Parks, and the designation
of protected areas, and public rights of way.
SOURCE: JNCC (www.jncc.gov.uk)
Countryside and Rights of Way Act 2000
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The Countryside and Rights of Way Act 2000 (CRoW Act 2000), which applies to
England and Wales only, received Royal Assent on 30 November 2000, with the
provisions it contains being brought into force in incremental steps over subsequent
years.
Containing five Parts and 16 Schedules, the Act provides for public access on foot to
certain types of land, amends the law relating to public rights of way, increases
protection for Sites of Special Scientific Interest (SSSI) and strengthens wildlife
enforcement legislation, and provides for better management of Areas of Outstanding
Natural Beauty (AONB).
The Act is compliant with the provisions of the European Convention on Human
Rights, requiring consultation where the rights of the individual may be affected by
these measures.
SOURCE: JNCC (www.jncc.gov.uk)
The Conservation (Natural Habitats, &c.) Regulations 1994
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The Conservation (Natural Habitats, &c.) Regulations 1994 transpose Council
Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and
flora (EC Habitats Directive) into national law.
The Regulations came into force on 30 October 1994, and have been subsequently
amended in 1997 and (in England only)2000.
Containing five Parts and four Schedules, the Regulations provide for the designation
and protection of 'European sites', the protection of 'European protected species', and
the adaptation of planning and other controls for the protection of European Sites.
Under the Regulations, competent authorities i.e. any Minister, government
department, public body, or person holding public office, have a general duty, in the
exercise of any of their functions, to have regard to the EC Habitats Directive.
The Regulations require competent authorities to consider or review planning
permission, applied for or granted, affecting a European site, and, subject to certain
exceptions, restrict or revoke permission where the integrity of the site would be
adversely affected. Equivalent consideration and review provisions are made with
respects to highways and roads, electricity, pipe-lines, transport and works, and
environmental controls (including discharge consents under water pollution
legislation).
SOURCE: JNCC (www.jncc.gov.uk)
Sites of Special Scientific Interest (SSSI) (England,
Scotland and Wales) and Areas of Special Scientific
Interest (ASSI) (Northern Ireland)
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The SSSI/ASSI series has developed since 1949 as the national suite of sites
providing statutory protection for the best examples of the UK's flora, fauna, or
geological or physiographical features. These sites are also used to underpin
other national and international nature conservation designations. Most SSSIs
are privately-owned or managed; others are owned or managed by public
bodies or non-government organisations.
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Originally notified under the National Parks and Access to the Countryside Act
1949, SSSIs have been renotified under the Wildlife and Countryside Act
1981. Improved provisions for the protection and management of SSSIs were
introduced by the Countryside and Rights of Way Act 2000 (in England and
Wales) and the Nature Conservation (Scotland) Act 2004.
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ASSIs are notified under the Nature Conservation and Amenity Lands (Northern
Ireland) 1985. Measures to improve ASSI protection and management are
contained in the Environment (Northern Ireland) Order 2002.
SOURCE: JNCC (www.jncc.gov.uk)
National Nature Reserves (NNRs)
– NNRs contain examples of some of the most important natural and seminatural terrestrial and coastal ecosystems in Great Britain. They are
managed to conserve their habitats or to provide special opportunities for
scientific study of the habitats communities and species represented within
them.
– NNRs are declared by the statutory country conservation agencies under
the National Parks and Access to the Countryside Act 1949 and the Wildlife
and Countryside Act 1981. In Northern Ireland, Nature Reserves are
designated under the Amenity Lands Act (Northern Ireland) 1965.
SOURCE: JNCC (www.jncc.gov.uk)
Local Nature Reserves (LNRs) (in England, Scotland and
Wales)/ Local Authority Nature Reserves (LANRs) (in
Northern Ireland)
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Under the National Parks and Access to the Countryside Act 1949 LNRs may be
declared by local authorities after consultation with the relevant statutory
nature conservation agency.
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LNRs are declared and managed for nature conservation, and provide
opportunities for research and education, or simply enjoying and having contact
with nature.
SOURCE: JNCC (www.jncc.gov.uk)
UK Biodiversity Action Plan
The UK BAP
• is the UK Government's response to the Convention on Biological Diversity (CBD)
signed in 1992
• describes the UK's biological resources
• commits a detailed plan for the protection of these resources
• has 391 Species Action Plans, 45 Habitat Action Plans and 162 Local Biodiversity
Action Plans with targeted actions