UK legislation

There are several acts of parliament which protect the environment, habitats and species in England and Wales:

• National Parks and Access to the Countryside Act 1949
• Wildlife and Countryside Act 1981 (WCA)
• Protection of Badgers Act 1992
• Environmental Impact Assessment) (England and Wales) Regulations 1999
• Countryside and Rights of Way Act 2000
• Natural Environment and Rural Communities Act 2006 (NERC)
• The Marine and Coastal Access Act 2009
• The Conservation of Habitats and Species Regulations 2010

National Parks and Access to the Countryside Act 1949

The National Parks and Access to the Countryside Act 1949 provided the framework for the creation of National Parks and Areas of Outstanding Natural Beauty.

Wildlife and Countryside Act 1981 (WCA)

The Wildlife and Countryside Act 1981 (WCA) protects all bat species and their roosts in England and Wales. It is illegal to kill, injure or disturb bats and to damage, disturb or obstruct access to their roosts.

It also prohibits the intentional killing, injury or taking of any wild birds and the taking, damaging or destruction of any nest and eggs whilst it is being built or is in use. Bird species listed under Schedule 1 have full protection and penalties involve fines and/or custodial sentences.

In addition, it protects many other wildlife species including water vole, otter, reptiles, dormice, great crested newt, red squirrel, pink sea fan, basking shark and many invertebrates including some beetles, butterflies and moths, crickets and grasshoppers, dragonflies and snails.

Protection of Badgers Act 1992

The Protection of Badgers Act 1992 makes it an offence to kill, injure or take a badger, cruelly ill-treat a badger or interfere with a badger sett. This includes blocking tunnels or any damage to the sett. The Act also forbids the selling and possession of live badgers, and marking or attaching a ring to a badger. Penalties involve fines and/or imprisonment.

The Environment Act 1995

The Environment Act 1995 set up a number of new environmental agencies and set new standards for environmental management.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 transpose European Union Directive 97/11/EC on the assessment of the effect of certain public and private projects on the environment (Environmental Impact Assessment (EIA) Directive) into national law. The EIA regulations place a number of responsibilities on planning authorities, which relate to the different stages of the EIA process.

Stage 1: Screening

The EIA regulations apply only to certain types of development and the competent authority (ie Plymouth City Council) must assess whether the proposal is an 'EIA development' by referring to Schedules 1, 2 and 3. This process is called 'screening'.

Stage 2: Scoping

Where a scheme is an 'EIA development', the developer can ask the planning authority for advice on the scope of information required.

Countryside and Rights of Way Act 2000

The Countryside and Rights of Way Act 2000 covers four main areas of interest:

• Access to Open Country
• Public Rights of Way (PROW)
• Nature Conservation
• Areas of Outstanding Natural Beauty (AONB)

The main Nature Conservation provisions are as follows:

The importance of biodiversity conservation is given a statutory basis, requiring government departments to have regard for biodiversity in carrying out its functions, and to take positive steps to further the conservation of listed species and habitats.

The protection of Sites of Special Scientific Interest (SSSI), already established in the Wildlife and Countryside Act 1981, is strengthened giving greater power to Natural England to enter into management agreements, to refuse consent for damaging operations, and to take action where damage is being caused through neglect or inappropriate management.

Local Authorities have a statutory duty to further the conservation and enhancement of SSSI both in carrying out their operations, and in exercising their decision making functions.

The legal protection for threatened species is strengthened and it brings up to date the Wildlife and Countryside Act 1981. This assists in bringing offenders to justice, and provides for stronger penalties.

Natural Environment and Rural Communities Act 2006 (NERC)

The Natural Environment and Rural Communities Act 2006 (NERC) establishes Natural England, the Commission for Rural Communities and the Joint Nature Conservation Committee in law.

The Act also requires every public authority to consider biodiversity conservation while exercising its functions, commonly referred to as 'the NERC Duty'.

The Section 41 list is a list of flora and fauna considered by the Secretary of State to be of principal importance for conserving biodiversity.

The Marine and Coastal Access Act 2009

The UK will be one of the first countries to plan for all of its marine area. A new streamlined licensing regime will reduce the number of licences required for a marine project, and all licensing decisions will be made in accordance with the marine plan.

The Marine and Coastal Access Act 2009 creates a new Marine Management Organisation (MMO) in England. It will be the new manager and regulator of England's marine environment and will deliver the key actions set out by the Act.

The Act also:

• creates a network of Marine Conservation Zones to protect some of the UK's most important marine species and habitats
• gives Natural England the ability to create a walking route around the coast of England

The Conservation of Habitats and Species Regulations 2010

The Conservation of Habitats and Species Regulations 2010 transpose European Union Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (EC Habitats Directive) into national law. These regulations provide for the designation and protection of 'European Sites', the protection of 'European Protected Species' and the adaptation of planning controls for the protection of European Sites.

Under the regulations, public bodies have a duty in exercising their functions to have regard to the EC Habitats Directive.

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