sea urchin
Well-Known Member
Some more conservation red tape on its way. Our domestic laws apparently do not comply with European Wildlife directives and it is proposed to tighten them up. The proposals could make boaters vulnerable to prosecutions with the removal of a defence where disturbance is incidental to otherwise legal activity.
The Law Commission is consulting on proposed new wildlife law up until November 30th:-
"The proposals we are putting forward in this consultation aim to simplify the existing complex framework, placing wildlife law into a single statute. The new regime would reduce the current dependency on criminal law, by allowing an appropriate mix of regulatory measures such as guidance, advice and a varied and flexible system of civil sanctions – such as fines and bans."
http://lawcommission.justice.gov.uk/consultations/wildlife.htm
Critically it proposes to extend currently outlawed acts of deliberate disturbance to wildlife, to include reckless disturbance, and also proposes to remove a defence under which boaters may currently be protected from prosecution. It is a defence to the wild bird offences in section 1 of the Wildlife and Countryside Act 1981, if the defendant can show that the act “was the incidental result of a lawful operation and could not reasonably have been avoided” see http://lawcommission.justice.gov.uk/docs/LCCP206_Wildlife_law_consultation_paper_for_web.pdf page 90/91. Under the proposed change the incidental act may be defined as a reckless act.
Without this defence, it appears that one might inadvertently cause a protected bird to leave its nest, for example, whilst exercising one's rights to navigate etc. and fall foul of the proposed changes (max fine £5,000).
Watch this space and make your concerns known to the Law Commission.
The Law Commission is consulting on proposed new wildlife law up until November 30th:-
"The proposals we are putting forward in this consultation aim to simplify the existing complex framework, placing wildlife law into a single statute. The new regime would reduce the current dependency on criminal law, by allowing an appropriate mix of regulatory measures such as guidance, advice and a varied and flexible system of civil sanctions – such as fines and bans."
http://lawcommission.justice.gov.uk/consultations/wildlife.htm
Critically it proposes to extend currently outlawed acts of deliberate disturbance to wildlife, to include reckless disturbance, and also proposes to remove a defence under which boaters may currently be protected from prosecution. It is a defence to the wild bird offences in section 1 of the Wildlife and Countryside Act 1981, if the defendant can show that the act “was the incidental result of a lawful operation and could not reasonably have been avoided” see http://lawcommission.justice.gov.uk/docs/LCCP206_Wildlife_law_consultation_paper_for_web.pdf page 90/91. Under the proposed change the incidental act may be defined as a reckless act.
Without this defence, it appears that one might inadvertently cause a protected bird to leave its nest, for example, whilst exercising one's rights to navigate etc. and fall foul of the proposed changes (max fine £5,000).
Watch this space and make your concerns known to the Law Commission.
