Conservation and Biodiversity - Onshore Overview

Key Legislation

Protection of nature conservation and biodiversity interests in the UK is provided through a number of key pieces of legislation. These are implemented and supported through a range of different regulations and procedures.

EU Directives

• Directive 2009/147/EC on the conservation of wild birds (the birds directive) (formerly 79/409/EEC);
• Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora (the habitats directive);
• Directive 2000/60/EC establishing a framework for community action in the field of water policy (the Water Framework Directive (WFD));

Primary UK Legislation

• Wildlife and Countryside Act 1981 (as amended) provides the main piece of primary legislation making provision for nature conservation in the UK. The original enactment has been subject to a number of amendments since 1981;
• The Protection of Badgers Act (1992);
• Countryside and Rights of Way (CRoW) Act (2000) (England and Wales);
• Nature Conservation (Scotland) Act 2004;
• Natural Environment and Rural Communities Act (2006) (England and Wales);

Secondary UK Legislation

• The Conservation of Habitats and Species Regulations 2010

These Regulations replaces the Conservation (Natural Habitats & c.) Regulations 1994 and all subsequent amendments as the principal means by which the Habitats Directive is transposed in England and Wales.  These regulations apply in the terrestrial environment and the territorial waters out to 12nm limit.

• The Conservation (Natural Habitats, &c.) Amendment (No.2) (Scotland) Regulations 2008

These Regulations came into force January 2009 amending the Conservation (Natural Habitats, &c.) Regulations 1994. Scottish Natural Heritage introduces a strategy for surveillance of the conservation status of relevant habitats and species in Scotland. SNH also introduces a scheme to monitor incidental capture or killing of certain species. View Executive Note.

• The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011
• The Conservation of Habitats and Species (Amendment) Regulations 2011

The UK Government introduced a new approach to conserving the UK’s wildlife and habitats in 2007. The framework 'Conserving Biodiversity - The UK Approach' calls for joined up working across the public, voluntary and business sectors in the UK on a variety of agreed goals and priorities for the greater good of biodiversity.

Wildlife Management for England (Feb 2010)

This document, published by Defra sets out a policy making framework for resolving human-wildlife conflicts and seeks to allow a greater understanding of when and why Government will intervene in wildlife management situations.

Consent(s) required is (are) dependent on the process. Further information on the following environmental studies which may apply to O&G onshore operations are available through the links below:

• Environmental Impact Assessment (EIA) - onshore developments (Planning Applications for onshore infrastructure)
• EIA - onshore pipelines (PCA, Planning Applications for onshore pipelines)
• Requirements for ‘Habitats Regulatory Assessment’ (AA)(may be required for any activity with potential to have significant effect on European Protected Habitats or Species)
• European Protected Species (EPS) Licensing (may be required for any onshore activity which may disturb wild animals of a European Protected Species in such a way as to significantly affect a) the ability of any significant group of animals to survive or breed or b) the local distribution or abundance of that species)

Amendments to the Bonn Convention

The Bonn Convention on the conservation of migratory species of wild animals aims to conserve terrestrial, marine and avian migratory species throughout their range. It was concluded under the United Nations Environment Programme and is concerned with the conservation of wildlife and habitats on a global scale. Within the EU, the requirements of the Bonn convention are delivered through the EU Habitats Directive and its transposition into legislation within each member state

Amendments to Annex I and II of the Bonn Convention, listing endangered species for protection were most recently updated in 2009.

See Consents for further details

See Consents for further details

See Consents for further details

See Consents for further details

Wildlife and Natural Environment Bill 2010 presented to the Scottish Parliament in June 2010 is expected to bring in new laws to protect wildlife and better regulate the management of Scotland's natural environment