Nature Protection

There are two separate schemes for the designation of sites for protection for both flora and fauna, as well as geological and other factors. The domestic legislation derives from the Nature Conservation and Amenity (NA Order 1985, as amended). Superimposed on this are the so-called European sites under the natural habitats directive. These are implemented, not known, by the Conservation of Natural Habitats Regulations NI 1985, as amended.

The Nature Conservation and Amenity Lands NI Order provides for the designation of sites as areas of special scientific interest, national nature reserves, areas of outstanding beauty, nature reserves, and marine nature reserves. Nature reserves are generally on publicly-owned land and are actively managed by the Department of Environment or other public bodies. Areas of special scientific interest are usually on private land but are subject to additional restrictions and regulations. Nature reserves and national nature reserves are usually under public control.

The Department or District Councils may adopt bylaws for the protection of lands acquired under the above legislation, subject to an agreement. The Department has the power to establish nature reserves and national nature reserves. District Council nature reserves and marine nature reserves may be declared.

A nature reserve is an area reserved, managed, and used for the purpose of conserving flora, fauna, geological, physiographical, or other scientific or special interest or providing, under suitable conditions and control, special opportunities for the study, research into flora and fauna, or physical conditions in which they live, or features of geological, physiographical, or other scientific or special interest therein.

The Department may declare land that is managed as a nature reserve under an agreement held by it or held by an approved body to be a national nature reserve where it is satisfied that the reserve is of national importance. Generally, such reserves require positive management. The areas will invariably be in the ownership of a public body such as the Department or other statutory or quasi-government body.

The Department may enter management agreements in relation to nature reserves. It may grant loans to, or grants to, the National Trust. It may enter covenants and restrictions in relation to the preservation of the lands and restricting their use and development.

The covenants are binding on successors in the same manner as restrictive covenants applicable to land. Restrictive covenants must be entered in the statutory charges register.

The Department may make bylaws relating to a nature reserve or national nature reserve. The bylaws should not generally affect any privately-owned land; before they do, the owner may be entitled to compensation.

District Councils have the power to provide nature reserves and lands within their district. They must consult the CNCC council. They may acquire land by agreement for establishing a nature reserve.

The Department may establish a marine nature reserve. The procedures are broadly similar to those for nature reserves generally. The reserves may relate to land covered by tidal waters, the part of the sea in or adjacent to the coastline up to the sea with limits of territorial water. Broadly similar provisions apply to the designation and management of a marine nature reserve.

The Wild Birds Directive and the Habitats Directive are the two most important EU directives in relation to nature conservation and protection. The purpose of the directive is to protect bird populations in Europe at levels that correspond to the ecological, scientific, and cultural requirements, taking into account economic and recreational requirements. The directive seeks to control hunting and killing of birds, protect their nests and eggs, and require protection of habitats.

States may provide exceptions on the basis of public health and safety, air safety, serious damage to crops, livestock, forests, fisheries, and water, and the protection of flora and fauna, research and teaching of repopulation, or reintroduction of breeding necessary for the purposes of permitting, under strict conditions and on a selected basis, the capture and care of certain birds in small numbers.

States must enact measures to maintain and reestablish sufficient diversity in areas of habitat for all species of birds occurring wild in the EU territory. The species mentioned in the annex is for the legislation. Regulatory migratory species not listed must be the subject of special conservation measures concerning the habitats to ensure their survival and reproduction. States must classify the most suitable territories in size and number as special protection areas for the conservation of those species. They must have particular regard to the importance of wetlands.

In relation to special protection areas, states must take appropriate steps to avoid pollution or deterioration of the habitats or any disturbance affecting the birds which would be significant, having regard to the objectives of the above. Besides, the state must seek to avoid pollution or deterioration of habitat.

The Wildlife NI Order implements the provisions of the Wild Birds Directive. It contains specific prohibitions on killing, injuring birds, damaging nests, or taking or destroying eggs.

The habitat protection aspects of the Habitat – Wild Birds Directive are implemented by the Conservation and Amenity Lands Order 1985, above as amended. Special protection areas will generally be designated as areas of special scientific interest, forest, or nature reserve.

The Habitats Directive is designed to provide comprehensive protection for certain species of flora and fauna or other birds which are vulnerable and protects certain types of threatened habitats.

The aim of the directive is to contribute towards ensuring biodiversity, to the conservation of natural habitats of wild fauna or flora in the European territory of the states. Measures are designed to maintain and restore reclaimable conservation status, natural habitats, and species of wild fauna or flora of community interest.

The directive prohibits killing or other interference with such flora and fauna subject to exceptions and requires positive conservation steps. The legislation is broadly similar to the Wild Birds Directive.

The capture, killing, possession, or sale of animal species listed in the directive, undertaking or destruction of their eggs, interference of their breeding sites is prohibited. Or the picking, cutting, and sale of plant species listed in the directive is also prohibited.

No license and exceptions are allowed under certain conditions.

The Habitats Directive provides for the designation of special areas of conservation. The legislation sets out types of habitats which should be designated as SACs. It sets out species of wild flora and fauna other than birds; these habitats should be protected by SACs. Certain vulnerable species are given enhanced priority.

Legislation provides procedures by which states must identify and designate SACs. The procedure is undertaken in consultation with the EU commission. Sites are generally designated as sites of community interest by the EU and states.

States must establish the necessary conservation measures, including appropriate management plans for SACs. The measures may be implemented by legal rules or by contractual arrangements with site managers.

The states must take appropriate steps to avoid deterioration of habitat or disappearance of species for which the SAC has been designated insofar as just significant terms of the objectives of the directive.

Plans of projects not directly connected which are necessary for the management of the site but likely to have a significant effect on it either individually or in combination with other plans, replications must not be permitted unless and until it has been ascertained that they will not adversely affect the integrity of the site.

If a negative assessment is made, but the plan is necessary for imperative reasons of overriding public interest including those with social and economic nature, the state is to take and ensure compensatory environmental measures are taken in the case of priority natural habitat sites or priority species, the justifications for permitting works notwithstanding a negative assessment are permissible only whether overriding interest for the health and public safety, beneficial consequences for the environment or the commission supports the proposal on the ground of other imperative reasons of overriding public interest by reason of an opinion delivered prior to the consent being issued.

The Conservation of Natural Habitats Regulations NI 1995 implement the Habitats Directive. The method of protection is broadly similar to the areas of special scientific interest and nature reserves.

The Department of the Environment must exercise its functions under general nature conservation legislation. In accordance with the objectives of the Habitats Directive, other public bodies must comply with the directive’s requirements.

Special areas of conservation are designated in relation to sites of EU importance.

The Department of the Environment must prepare and maintain a register of European sites within Northern Ireland. It must be available for inspection by the public.

The Department must notify owners and occupiers of lands and District Councils in relation to the inclusion of the sites on the register. The Department may enter agreements with the management of the sites. They are broadly similar to provisions in relation to ASSIs.

The controls in SACs are more rigorous than in ASSIs. SACs and SPAs will generally first be registered as ASSIs or nature reserves.

The Department of the Environment’s consent must be obtained for operations within the European site. The provision by which the negative consent provisions in relation to ASSIs, whereby works may be carried out in certain circumstances if no objection is taken, is not applicable. There must either be written consent or the operation must comply with a management agreement.

The potential impact on European site must be considered in the context of granting planning permission. In certain circumstances, planning permissions granted prior to the designation of the site must be reviewed. In some circumstances, previous consents in the context of ASSIs must be reviewed. The review is undertaken in light of the compatibility of the works with the conservation objectives of the sites. The consent may be withdrawn or modified.

The Habitats Directive and Birds Directive place substantive limitations on the Department’s ability to grant consent in relation to European sites. Planning permission is required for any development within an SAC or SPA. The planning authority must take account of the impact of the measures on the European site. The grant of planning permission must only be permissible insofar as it is compatible with the integrity of the site.