2 The UK Conservation Bodies

13.03 The central role in providing a comprehensive framework for land use policy and its implementation was originally played by the Nature Conservancy Council. The Environmental Protection Act 1990 divided the former Nature Conservancy Council into three separate bodies: the Nature Conservancy Council for England (English Nature⁴), the Nature Conservancy Council for Scotland (Scottish Natural Heritage⁵) and the Countryside Council for Wales.

13.04 For the purposes of this work the regional nature conservation bodies are collectively referred to as ‘the UK Conservation Bodies’⁹ viz.:

•Natural England (comprising the roles of the former English Nature, Countryside Agency and Rural Development Service),

•Scottish Natural Heritage (formerly the Nature Conservancy Council for Scotland),

•Natural Resources Wales (exercising powers of the former Countryside Council for Wales, Forestry Commission Wales and Environment Agency in Wales, plus some Welsh Assembly Government functions,

•The Council for Nature Conservation and the Countryside (in Northern Ireland).

13.05 This work is primarily concerned with the law of England and Wales, and in the following narrative references to ‘The Conservation Body’ in the singular should be taken as references to either Natural England or Natural Resources Wales, as the context requires.

(a)Role of Conservation Bodies

13.06 The UK Conservation Bodies have the duty of advising on the implementation of conservation policies in the UK, and additionally have a specific statutory role in several areas. The Natural Environment and Rural Communities Act 2006 confers on Natural England a wide-ranging and multifaceted countryside role. Its general purpose is to ‘ensure that the natural environment is conserved, enhanced and managed for the benefit of future generations, thereby contributing to sustainable development’.¹⁰ This general purposes includes: (a) promoting nature conservation and protecting biodiversity; (b) conserving and enhancing the landscape; (c) securing the provision and improvement of facilities for the study, understanding and enjoyment of the natural environment; (d) promoting access to the countryside and open spaces and encouraging open air recreation; and (e) contributing in other ways to social and economic well being through the management of the natural environment.¹¹

13.07 The powers enjoyed by the Conservation Bodies to pursue their statutory objectives are wide-ranging. The Environmental Protection Act 1990 reallocated of many of the nature conservation functions of the former Nature Conservancy Council to the UK Conservation Bodies, and they have subsequently been further widened by statute.¹² Of relevance to this work are the following:

(i)They are responsible for notifying Sites of Special Scientific Interest (‘SIs’) under the Wildlife and Countryside Act 1981, for the establishment and management of National Nature Reserves under the National Parks and Access to the Countryside Act 1949 and for giving support for education on conservation.¹³ They also have ancillary powers in relation to protected sites eg to offer, and make payments under, management agreements.¹⁴

(ii)They can give a wide range of advice to public bodies on conservation issues, including the Secretary of State or other Ministers, on the development and implementation of nature conservation policy.¹⁵ If a public authority rejects advice given by Natural England, the latter must inform them in writing of that fact and explain why the advice was not accepted.¹⁶ They can also give advice to private individuals.

(iii)Natural England has wide power to provide advice and disseminate knowledge to any other person about nature conservation in their area, and to give financial assistance (for example in the form of grants, loans or guarantees) to support to further its general purpose in promoting sustainable development (above).¹⁷

(iv)They can commission or support research relevant to the exercise of the Conservation Body’s conservation functions.¹⁸

(v)The UK Conservation Bodies also have power under the 1981 Act¹⁹ to make financial grants and loans for the purpose of fostering the understanding of nature conservation, and inter alia to cover expenditure by an individual in doing anything conducive to nature conservation.

13.08 In exercising these functions the Conservation Bodies are directed to ‘take appropriate account of actual or possible ecological changes’.²⁰ The Secretary of State must give Natural England guidance in relation to the exercise of any of its functions that relate to or affect regional planning and associated matters.²¹ The Secretary of State has also has power to give natural England directions of a general or specific character as to the exercise of its functions.²² Natural England must have regard to guidance so issued by government, and must comply with directions issued by the Secretary of State.²³ This power, however, does not extend to those functions of natural England that are exercised through the Joint Nature Conservation Committee (below).²⁴ This includes providing advice on nature conservation matters that relate to the whole UK, or which arise outside the UK.²⁵ Neither does the power to give directions apply to the operational exercise of the Bodies’ powers to designate areas for special protection eg as sites of special scientific interest.²⁶

(b)National Policy and Co-ordination: the JNCC

13.09 ‘Special’ functions of the Conservation Bodies can only be exercised by a Joint Committee – the Joint Nature Conservation Committee (‘JNCC’).²⁷ The JNCC has 14 members, including a Chairman and 5 members appointed by the secretary of state, and the chairman (or deputy chairman) and one other member of each Conservation Body.²⁸ The JNCC was established by the Environmental Protection Act 1990 to co-ordinate the operation of the regional Conservation Bodies and implement UK-wide conservation policy. The Natural Environment and Rural Communities Act 2006 reconstituted it with widened powers to undertake conservation functions of national or international significance. The chief import of the 2006 Act was to extend its remit to Northern Ireland by incorporating representation from the province’s Council for Nature Conservation and the Countryside.

13.10 The functions of the regional Conservation Bodies that can only be exercised through the JNCC include the following:²⁹

(i)The provision of advice to the Secretary of State or National Assembly of Wales on the development and implementation of nature conservation policy or conservation matters that arise throughout the UK or raise issues common to England, Wales, Scotland or Northern Ireland, or issues that arise in one or more of them but affect the interests of the UK as a whole, or arise outside the UK.

(ii)The provision of advice etc. and dissemination of knowledge about nature conservation in Great Britain or elsewhere.

(iii)The establishment of common standards for monitoring nature conservation, and the conducting of research relevant to conservation matters.

(iv)Commissioning research that the JNCC thinks is relevant to its coordinating role in nature conservation.