Much of the UK’s nature conservation legislation traces its origin to the Bern Convention of 1979, given force by the Wildlife and Countryside Act 1981 (WCA). Since then, domestic legislation has progressively been updated to keep pace with developments of EU Directives, most notably the Birds and Habitats Directives.

The UK is a signatory to a number of international conventions and was until recently (and now incorporated domestically) subject to EU Directives which required legal protection of certain habitats and species. These international agreements find force through domestic legislation such as the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations 2017, and Natural Environment and Rural Communities Act 2006. Natural England and Natural Resources Wales are responsible for oversight of the regime, which involves the designation and monitoring of protected sites, and the issuing of licences permitting the disturbance and/or harm of protected species.

Habitats

Certain habitats are protected through a network of designated sites including Sites of Special Scientific Interest (SSSI), Special Areas of Conservation (SAC), Special Protection Areas (SPA) and Ramsar Sites. These protections are most frequently encountered in the context of the planning system, whether that is because of a development’s potential impact on nearby protected sites or the species associated with them. Such impacts can be considered through Environmental Impact Assessment (EIA), but in the specific context of habitats and species, it is also necessary for a Habitats Regulation Assessment (HRA) to be completed where a project or plan is likely to have significant effects on an SAC, SPA or Ramsar site.

Species

Species are given protection under the WCA 1981, making it a criminal offence to harm the species listed in its annexes. These include an array of plants, fungi, mammals, birds and reptiles. Protection extends beyond the species themselves and includes their eggs (in the case of birds) and places of rest. Badgers are subject to further protections under the Protection of Badgers Act 1992. The protection afforded to species is not absolute and in some circumstances a licence may be granted by Natural England or Natural Resources Wales to allowing their killing, taking or disturbance. These are often again encountered in the context of the planning system, where a licence may be granted to allow the disturbance and/or removal of a species that may otherwise be harmed by a proposed development.