1 Designation of areas for protection
2.04 Land considered by the statutory conservation bodies in the UK to be of environmental importance can be notified a site of special scientific interest (‘SSSI’) under the Wildlife and Countryside Act 1981.1 The effects of statutory notification on the future management of the land are considered in Chapter 13 below.2 Broadly, notification has the effect of restricting the carrying out of certain agricultural operations, prescribed in the site notification, without a prior statutory consultation with the conservation body – a process that may lead in many cases to the conclusion of a management agreement providing for future management to protect the site in return for financial payment from the conservation body.
The legal regime applicable to Sites of Special Scientific Interest is administered by the statutory conservation bodies for Scotland, England and Wales, namely Scottish National Heritage, Natural England, and Natural Resources Wales.3 These bodies also have an advisory function in relation to nature conservation matters. Conservation matters of national importance or relevance are dealt with by the Joint Nature Conservation Committee, which coordinates the activities and research of the regional bodies where relevant.42.05 The National Parks and Access to the Countryside Act 1949 also makes provision for management agreements where land has been designated a ‘nature reserve’ under the 1949 Act. A further step was taken by the Agriculture Act 1986,5 which gave the Minister of Agriculture power to designate areas as ‘Environmentally Sensitive Areas’ (hereafter ‘ESA’). Following designation the Minister had power to enter into voluntary management agreements with landowners and farmers, so as to secure the long-term conservation and preservation of extensive tracts of the countryside. Twenty-two ESA designation orders were been made under the 1986 Act, and the scheme was administered and funded under the Rural Development programmes of the CAP. The ESA scheme has now closed and has been superseded by new agri-environment schemes in England, Wales and Scotland that potentially apply to all farms; for example, the Environmental Stewardship scheme in England (now replaced by the Countryside Stewardship Scheme from 2016).6
2.06 Local authorities also have general powers to conclude management agreements relating to land within their area, under the Wildlife and Countryside Act 1981.7 The use of management agreements, particularly under the Wildlife and Countryside Act 1981, has become widespread, and emphasises the voluntary nature of conservation and environmental protection.