The Wildlife and Countryside Act 1981
The Wildlife and Countryside Act 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 (NB
Council Directive 79/409/EEC has now been replaced by Directive
2009/147/EC of the European Parliament and of the Council of 30
November 2009 on the conservation of wild birds (codified
version)). Equivalent provisions for Northern Ireland are
contained within the
Wildlife (Northern Ireland) Order 1985 and the
Nature Conservation and Amenity Lands (Northern Ireland) Order
1985 .
The Act received royal assent on 30 October 1981. It is
supplemented by the
Wildlife and Countryside (Service of Notices) Act 1985, which
relates to notices served under the 1981 Act. Various amendments
have occurred since the original enactment, some of the most
significant being via the
There are also numerous country-specific Orders pertaining to
Variation of Schedules of the Act.
In Northern Ireland legislative amendments have taken place
through the Wildlife
(Amendment) (Northern Ireland) Order 1995 and the
Environment
(Northern Ireland) Order 2002.
The
original Wildlife and Countryside Act 1981 text is available
and an
updated version is available on Office of Public Sector Information
website.
There is also a statutory five-yearly review of Schedules 5
and 8 (protected wild animals and plants respectively) and period
review of Schedule 9 (in relation to non-native species).
These reviews are undertaken by the country agencies and
coordinated by JNCC. 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.
(Further details on the Schedules>>>)
Wildlife
The Act makes it an offence (with exception to species listed in
Schedule 2) to intentionally:
- kill, injure, or take any wild bird,
- take, damage or destroy the nest of any wild bird while that
nest is in use or being built (also [take, damage or destroy the
nest of a wild bird included in Schedule ZA1] under the Natural
Environment and Rural Communities Act 2006), or
- take or destroy an egg of any wild bird.
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 ([or recklessly] - only under the Nature Conservation
(Scotland) Act 2004) kill, injure or take any wild animal listed on
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 intentionally) pick, uproot or destroy:
- any wild plant listed in Schedule 8, or
- any seed or spore attached to any such wild plant (only under
the Nature Conservation (Scotland) Act 2004));
- unless the authorised person, to intentionally ([or recklessly]
- only under the Nature Conservation (Scotland) Act 2004) uproot
any wild plant not included in Schedule 8,
- to sell, offer or expose for sale, or possess (for the purposes
of trade), any live or dead wild plant included in Schedule 8, or
any part of, or anything derived from, such a plant.
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 (and any hybrid - only under the Nature Conservation
(Scotland) Act 2004). 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 and confirmation of
Sites of Special Scientific Interest (SSSIs) –
these sites are identified for their flora, fauna, geological or
physiographical features – by the country conservation bodies in
England (Natural England) and Wales (the Countryside Council for
Wales). (NB In Scotland similar powers are afforded to Scottish
Natural Heritage under the Nature Conservation (Scotland) Act 2004
and in Northern Ireland the Council for Nature Conservation and the
Countryside have powers under the Environment (Northern Ireland)
Order 2002) to designate Areas of Special Scientific Interest
(ASSIs).
A notification must be served on 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 conservation bodies 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.
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.
May 2010