6 June 2006

Birds of prey and biodiversity are some of the many topics in the new Natural Environment and Rural Communities Act (NERC) 2006.

OSPREY, GOLDEN EAGLE and WHITE-TAILED EAGLE GET MORE PROTECTION. BIODIVERSITY DUTIES EXTENDED.

The golden eagle, white-tailed eagle and osprey now receive extra protection in England and Wales under the Natural Environment and Rural Communities (NERC) Act 2006, which increases the protection already afforded under the Wildlife and Countryside Act 1981.

It will now be an offence to take, damage or destroy the nests of these three species at any time during the year.

Under the Wildlife and Countryside Act, all birds' nests (excepting eleven very abundant or “pest” species - great and lesser black-backed gull, herring gull, wood pigeon, jay, magpie, carrion crow, rook, jackdaw, feral pigeon and collared dove which may be killed by authorized persons), are already protected but only while they are in use or are being built. That will remain the case except for these three birds of prey.

This is the Act which will create a new integrated agency called Natural England (no more English Nature) to, in the government's words "act as a powerful champion for the natural environment, and formally establish a Commission for Rural Communities which will be a strong national rural adviser, advocate and watchdog charged with ensuring that Government policies are making a real difference on the ground in tackling rural disadvantage."

It will also streamline several other agencies and, for example, alter JNCC (the Joint Nature Conservation Committee) to extend its remit to the whole of the UK and improve its governance arrangements.

Another measure is the reinforcement of the duty to protect and enhance biodiversity. This extension of the Countryside and Rights of Way Act means that public bodies and statutory undertakers must ensure due regard to the conservation of biodiversity.

The full text of the legislation and accompanying notes can be obtained here.

Whether all this will make any difference remains to be seen. More and more laws are all very fine, but enforcing what we have would be a better use of resources. Just making people stick to Planning Conditions to protect wildlife and habitats with aftercare and monitoring provisions would resolve much biodiversity loss at a stroke.