Wildlife and Countryside Act 1981

The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 2009/147/EC on the conservation of wild birds. In short, the act gives protection to native species (especially those at threat), controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.
The legislation has strength; few amendments have been made to it, and it has acted as a foundation for later legislation to build upon. The compulsory 5 year review of schedules 5 and 8 make it dynamic in terms of the species which it protects.
History.
Wild Birds Protection Act 1902.
The Wild Birds Protection Act 1902 (2 Edw 7 c. 6) was an Act of Parliament of the Parliament of the United Kingdom, given the royal assent on 22 July 1902 and repealed in 1954.
It provided that where any person was convicted of an offence against the Wild Birds Protection Acts 1880 to 1896 (the 1880, 1881, 1894 and 1896 Acts), the court was empowered to dispose of any bird or bird's egg in respect of which the offence had been committed.
The Act was repealed and replaced by the Protection of Birds Act 1954. Bird Sanctuary Orders (BSOs) under this Act were replaced by Areas of Special Protection (AoSPs) under the Wildlife and Countryside Act 1981.
Birds Directive.
The 1979 Bern Convention on the Conservation of European Wildlife and Natural Habitats covered the natural heritage of Europe, as well as in some African countries. It encouraged European co-operation in protecting natural habitats; and the conservation of flora and fauna, including migratory species and particularly endangered species.
The convention became open for signature on 19 September 1979 as a binding international legal instrument; it came into force on 1 June 1982. The UK ratified the convention and adopted the European Directive on the Conservation of Wild Birds (among other directives).
European Directive 79/409/EC on the Conservation of Wild Birds was adopted on 2 April 1979. The main provisions included: protection of vulnerable species; classification of Special Protection Areas, protection for all wild birds; and restrictions on killing/selling/keeping wild birds.
From 1981 several acts have passed as UK legislation to comply with the European Directive on the Conservation. The Wildlife and Countryside Act 1981 strengthened protection of SSSIs introduced by the National Parks and Access to the Countryside Act 1949. The pre-dated acts:
were repealed by the passing of the Wildlife and Countryside Act 1981.
The Wildlife and Countryside Act 1981 came into force in 1982. In 1985 the UK ratified the Bonn Convention on the Conservation of Migratory Species of Wild Animals (1979). Adopted in Bonn, West Germany in 1979 and coming into force in 1985, the Bonn Convention worked to conserve migratory species and their habitats. Listed in Appendix I are species which are endangered, Appendix II contains species which would benefit from international cooperation.
Appendix 1 migratory species listed in the convention were amended into the Wildlife and Countryside Act 1981.
Further UK legislation to comply with the European Directive on the Conservation include:
Overview.
Part I: Wildlife.
Part I includes sections 1 to 27 of the Act.
The legislation contained in these sections covers:
Part II: Nature Conservation, Countryside & National Parks.
Part II includes sections 28 to 52 of the Act.
The legislation contained in these sections covers:
Part III: Public Rights of Way.
Part III includes sections 53 to 66 of the Act.
Building on the National Parks and Access to the Countryside Act 1949 which required local authorities to draw up maps defining public rights of way.
Part IV: Miscellaneous & General.
Part IV includes sections 67 to 74 of the Act.
The legislation contained in these sections covers:
Schedules.
The Act contains 17 schedules.
Amendments.
There have been a few simple amendments to the Wildlife and Countryside Act, such as word changes, increase in fines, etc. Every 5 years the JNCC coordinates a compulsory review of schedules 5 and 8 to add new species that may need protection.
A secretary of state can add or remove species at any time.
Regulators.
Regulated by Natural England.
As well as being a regulator of the Wildlife and Countryside Act 1981, Natural England acts as an advisor (to individuals, companies, government, etc.) in relation to nature conservation. Additionally Natural England helps with land management through grants, projects and information.
Legally responsible for Sites of Special Scientific Interest (SSSIs) and enforce law when necessary. Damage, destruction or disturbance of SSSI habitats and features can lead to the following actions by Natural England:
Regulated by Natural Resources Wales and Scottish Natural Heritage.
Similar responsibilities to Natural England, but responsible in Wales and Scotland, respectively.
Regulated by the police.
Within the police there are several aspects to regulating wildlife crime; intelligence, enforcement and prevention.
The police are responsible for enforcing part I of the Wildlife and Countryside Act 1981, often advised by Natural England and will investigate wildlife offences; usually performed by wildlife crime officers (WCOs).
The National Wildlife Crime Unit (NWCU) is a law enforcement unit which helps agencies with enforcement. Wildlife crime investigations, statistics and intelligence are provided.
Regulated by the Environment Agency.
The Environment Agency deal with reports from the public in relation to wildlife crime; under duties to prosecute environmental crimes, offences such as damage to habitats and wildlife are included. The EA work closely with the RSPB and wildlife crime officers.
Regulated by local authorities.
Local authorities (e.g. Southampton City Council) are responsible for regulating public rights of way and enforcing rights of way legislation. Issues such as obstructions and misleading signs are usually reported by members of the public and then are dealt with by the local authority.
Penalties.
Tried with regards to each separate animal/site involved. If multiple organisms or sites are involved then defendant tried per animal/site involved:
Exemptions.
Exemptions to Part 1: Wildlife.
There are various exemptions applied to part one providing protection for wildlife, thus no lawful act or offence will be committed, if:
All sick and injured birds and animals which are being cared for must be registered with DEFRA.
Variations.
Provided below is a list - probably incomplete - of documents modifying the W&C Act 1981.