The Wildlife and Countryside Act 1981
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
1 . 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)
2 , 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 co-ordinated 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.
Wildlife
The Act makes it an offence (with exception to species listed
in Schedule 2) to intentionally kill, injure, or take any wild bird
or their eggs or nests. Special penalties are available for
offences related to birds listed on Schedule 1, for which there are
additional offences of disturbing these birds at their nests, or
their dependent young. The Secretary of State may also designate
Areas of Special Protection (subject to exceptions) to provide
further protection to birds. The Act also prohibits certain methods
of killing, injuring, or taking birds, restricts the sale and
possession of captive bred birds, and sets standards for keeping
birds in captivity.
The Act makes it an offence (subject to exceptions) to
intentionally kill, injure, or take, possess, or trade in any wild
animal listed in Schedule 5, and prohibits interference with places
used for shelter or protection, or intentionally disturbing animals
occupying such places. The Act also prohibits certain methods of
killing, injuring, or taking wild animals.
The Act makes it an offence (subject to exceptions) to pick,
uproot, trade in, or possess (for the purposes of trade) any wild
plant listed in Schedule 8, and prohibits the unauthorised
intentional uprooting of such plants. Animals and plants found on
schedules 5 and 8 are listed on a
spreadsheet of conservation designations for UK
taxa.
The Act contains measures for preventing the establishment of
non-native species which may be detrimental to native wildlife,
prohibiting the release of animals and planting of plants listed in
Schedule 9. It also provides a mechanism making any of the above
offences legal through the granting of licences by the appropriate
authorities.
Nature Conservation, Countryside and National Parks
The Act provides for the notification of Sites of Special
Scientific Interest (SSSI) – areas of special scientific interest
by reason of their flora, fauna, or geological or physiographical
features – by the country agencies. A notification must be served
to the relevant local planning authority, all land owners and
occupiers, and the Secretary of State, specifying the time period
within which representations and objections may be made. The
country agencies must consider these responses and may withdraw or
confirm the notification, with or without amendment. The Act also
contains measures for the protection and management of SSSIs. The
Act provides for the making of Limestone Pavement Orders, which
prohibit the disturbance and removal of limestone from such
designated areas, and the designation of Marine Nature Reserves,
for which byelaws must be made to protect them.
The Act prohibits the undertaking of agricultural or forestry
operations on land within National Parks which has been either moor
or heath for 20 years, without consent from the relevant planning
authority. Planning authorities are also required to make available
to the public up to date maps of moor and heath land within
National Parks, which are important for the conservation of natural
beauty.
Public Rights of Way
The Act requires surveying authorities to maintain up to date
definitive maps and statements, for the purpose of clarifying
public rights of way. The Act also includes provisions for traffic
regulation, ploughing, appointing wardens, signposting, and
prohibiting the keeping of bulls on land crossed by public rights
of way.