Birmingham Friends of the Earth Action Briefing Dec 98/Jan 99

Wildlife and Countryside protection

Government launches consultation

The post-war Labour Government laid down the foundation stones for both habitat and species conservation in the UK in the National Parks and Access to the Countryside Act 1949, and established the concept of the protection of sites identified because of their scientific importance - Sites of Special Scientific Interest (SSSIs). The present statutory framework is based on the Wildlife and Countryside Act 1981.

English Nature (EN) and the Countryside Council for Wales (CCW), have already notified over 4,000 SSSIs in England and nearly 950 in Wales, covering a range of habitats and species, and including sites of geological and physio-graphical as well as biological importance. Notification of SSSIs underpins and helps Great Britain fulfil international commitments under the EU Birds and Habitats Directives and under the Ramsar Convention in relation to their requirements to list or designate sites.

The Government, in the foreword to their Consultation Paper claim that much has already been achieved through negotiation and constructive partnership between the conservation agencies and those landowners and other people managing land designated as SSSIs. They also acknowledge that there are problems associated with this approach.

In the past, the emphasis has been on persuading land managers to agree not to undertake otherwise lawful activities which would damage the special interest of the site, rather than to take action to enhance it.

Under section 50 of the 1981 Act, many agreements have been based on the principle of making compensatory payments to land managers which make up for the profit forgone in not proceeding with those activities.

An example of an alternative arrangement is the Berwyn Scheme where agreements which pay to encourage positive management, rather than merely prevent damage. The scheme aims to make use of the knowledge, experience and commitment of those who work the land.

According to the Government's document, 'Very few sites have been lost in recent years, but deliberate damage to SSSIs still occurs, although on a limited scale, and there have been continued pressures from development'.

English Nature identified 77 reports of damaging activities in 1997, including 10 incidents which resulted in partial or total loss of the features for which the sites had been notified. In Wales there were 6 incidents which resulted in partial or total loss of the notified features. Neglect, poor management (or management which is at odds with the nature conservation interest), and the often illegal activities of third parties, are more significant problems. English Nature reports that in 1997, while 55% of SSSIs were in favourable condition, and a further 15% were improving, there were still over 25% of SSSIs in unfavourable condition. The Government agrees this is a disappointing picture, and one which suggests that we must act to provide better protection for these key sites.

John Davison