Professional AdviceYou are here : News and Press » News Archive » Wildlife » Environmental Regulation
|
Changes to Habitats Regulations - CLA response "It's a bizarre state of affairs that land managers could be prosecuted for carrying out lawful activities on their land," says the Country Land and Business Association's (CLA) environment adviser, Ben Underwood... Changes to the Habitat Regulations mean land managers may have to apply for a licence to carry out certain routine agriculture and forestry practices, even work carried out under agri-environment schemes that may disturb European Protected Species. "What's worse is that many of the land management activities affected by these amendments deliver much wider environmental benefits making this situation hard to swallow. Previously there were a number of defences available to those who committed an offence. The most common being an 'incidental result of a lawful operation'. However, following a judgment of the European Court of Justice in 2005 – that defence is now regarded as not good enough. In essence it will no longer be possible to avoid liability on the basis that what happened was an accident." "Moreover, because the issue of a licence will require a consideration of the precise circumstances on the site, it will not be possible to issue a precautionary licence. Surveys to assess the site could be costly and time consuming. The CLA takes wildlife crime seriously but it's essential that Natural England takes a pragmatic approach to delivering these amendments," concluded Mr Underwood. Additional information: A licence may be granted under Regulation 44 for the following purposes: a) scientific or educational purposes; b) ringing or marking, examining any ring or mark on wild animals; c) conserving wild animals or wild plants or introducing them to particular areas; d) protecting any zoological or botanical collection; e) preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment; f) preventing the spread of disease; g) preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries. There is no licence covering development (ie building) or routine agriculture and forestry Also a licence can only be issued if the licensing authority is satisfied that the activity meets one of the above purposes and also satisfies the 'two tests, namely'; a) that there is no satisfactory alternative, and b) that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range. |
Contact Claire Collyer
Media Contacts Ollie Wilson T: 020 7460 7936
T: 020 7460 7934
Join the CLA today
The CLA Game Fair 2012
More articles and documents [News Archive] [10 April 2008] Sites of Special Scientific Interest: encouraging positive partnerships [Consultation response archive] [13 February 2003] |
Advises on agri-environment grant schemes, SPS, cross compliance, designated areas (including SSSIs, SACs and SPAs) and the greening of the CAP.
- Policy Topics
- Policy Topics
- Site sections
- Specially for members
© 2012 Country Land and Business Association Limited (CLA). All rights reserved. No part of this website may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature without prior written permission of the copyright holder except as expressly permitted by law.
Disclaimer
No responsibility for loss occasioned to any person acting or refraining from action in reliance on or as a result of the material included in or omitted in this website can be or is accepted by the author(s), the CLA or its officers or trustees or employees or any other persons.
The Advisory Services are made available to members on the basis that members' rights to compensation and the liability (if any) of CLA and its officers and/or its staff advisers, are restricted in the following ways. In the event of any advice given by any CLA staff adviser being given negligently or otherwise being incorrect no liability whatsoever is accepted by the CLA or its officers or by its staff advisers concerned
(a) towards any person who is not the current CLA member to whom the advice was directly given,
(b) to any person in the respect of consequential loss or loss of profits, or
(c) to any person for any sum exceeding £50,000 in respect of any one enquiry (whether made or responded to orally or in writing and whether dealt with at one time or over a period of time).
Any person making use of the Advisory Services accepts such restrictions. Members should refer to appropriate professional advisers in private practice before taking any particular course of action potentially or actually involving any substantial amounts of money.
Please note that whilst the advisers are able to advise on a wide range of subjects relating to land ownership, they cannot act in place of a member's own solicitor, accountant, surveyor and tax specialist by, for example, drafting documents or corresponding on their behalf and may be precluded, by the rules of their own professions, from advising one CLA member against another CLA member in the case of conflict.
Solicitors Indemnity Fund . Solicitors in the CLA Legal Team are not covered by the Solicitors Indemnity Fund in relation to professional negligence in relation to any advice given by them.
Please note that from time to time telephone calls maybe recorded for training purposes.