6 Nature Reserves

13.88 By virtue of ss 15–17 of the National Parks and Access to the Countryside Act 1949, Nature Reserves are designated by the relevant Conservation Body. Section 16 of the 1949 Act empowers the Conservation Body to enter into management agreements with the owner, lessee or occupier of land that they consider should be managed as a Nature Reserve in the national interest.

13.89 Although the use of management agreements is the chief method of protecting areas designated as Nature Reserves, if an agreement cannot be reached s 17 confers on the relevant Conservation Body powers of compulsory acquisition.

13.90 The use of management agreements to protect Nature Reserves is supplemented by s 20 of the 1949 Act. This confers on the relevant Conservation Body the power to make bylaws for the protection of Nature Reserves. Bylaws made under s 20 may, inter alia, prohibit or restrict entry to, or movement within, a Nature Reserve of people, animals, and vehicles, and restrict the killing of animals or destruction of vegetation.¹⁹³ Bylaws made under the Act cannot, however, interfere with the exercise by any person of a right vested in him as an owner, lessee or occupier of land within a Nature Reserve, neither can they interfere with the exercise of public rights of way.

13.91 If land is being managed as a Nature Reserve, whether by the relevant Nature Conservancy Conservation Body or pursuant to a management agreement, s 35 of the Wildlife and Countryside Act 1981 enables the relevant Conservation Body to declare the land a National Nature Reserve. Following designation, the relevant Conservation Body can make bylaws for the management of a National Nature Reserve by an approved Body subject to the same limitations as apply to Nature Reserve simpliciter.¹⁹⁴