The Wildlife and Countryside Act 1981 (c. 69) is an act of the Parliament of the United Kingdom implemented to comply with European Council Directive 79/409/EEC 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 four parts covering 74 sections; it also includes 17 schedules. Few amendments have been made to it, and it has acted as a foundation for later legislation to build upon. The compulsory five 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 c. 6) was an act of Parliament of the Parliament of the United Kingdom, given royal assent on 22 July 1902 and repealed in 1954.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 The act was repealed and replaced by the Protection of Birds Act 1954.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:
Protection of Birds Act 1954 Protection of Birds Act 1954 (Amendment) Act 1964 Protection of Birds Act 1967 Conservation of Wild Creatures and Wild Plants Act 1975 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:
Wildlife (Northern Ireland) Order 1985 (which contains broadly equivalent provisions to the 1981 act in respect of Northern Ireland) Nature Conservation and Amenity Lands Order 1985 Conservation Regulations 1995 Offshore Marine Conservation Regulations 2007 Conservation Regulations 2010
Overview
Part I: Wildlife Part I includes sections 1 to 27 of the Act. The legislation contained in these sections covers:
Protection of wild birds, their eggs and nests Protection of other animals Protection of plants Miscellaneous Introduction into the wild of species that are not native to Great Britain or are otherwise banned (Section 14): a list of affected animal and plant species was greatly expanded in the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 The import or export of endangered species.
Part II: Nature Conservation, Countryside & National Parks Part II includes sections 28 to 52 of the Act. The legislation contained in these sections covers:
Nature conservation Sites of Special Scientific Interest Limestone pavements National nature reserves Marine nature reserves Countryside National parks
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.
Ascertainment of public rights of way The duties of government bodies to identify, maintain and update records about Public Rights of Way and to keep maps showing rights of way under continuous review. Updating and changing public rights of way Updating may be required after the following: diversion of a highway extension of a highway widening of a highway stopping of a highway addition of a highway removal of a highway change in position of public path or traffic byway implementation of restrictions to public right of way Rights of way are maintained at public expense. An up-to-date map act as evidence that the public has right of way in relevant way (i.e. by foot on footpaths or on horseback on bridleways). Changes of right of way requires a survey or review by the local surveying authority Miscellaneous & Supplemental Some responsibilities of owners of land crossed by a Public Right of Way Regulation of traffic on 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:
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