Wildlife Protection

The Wildlife and Natural Environment Act (Northern Ireland) 2011 amends the Wildlife Northern Ireland Order 1985. The provisions formerly requiring any person who hunted or traded game to be licensed are removed in accordance with the regulation principles. The provisions in relation to areas of special scientific interest Environmental (Northern Ireland) Order 2002 are enhanced.

There is a statutory duty on government departments and public bodies to take action to further the conservation of biodiversity, insofar as consistent with their function. This is additional to the commitment to protect and enhance biodiversity contained in the Northern Ireland Sustainable Development Strategy.

The duty is based on the Department of the Environment to designate and publish a strategy for the conservation of biodiversity. The first Strategy was published in 2000 and is to be there are to be reports on implementation every five years.

The Department of the Environment is required to publish a list of animal and plant species and habitats, which are of particular priority for conservation attention within the province. They are to be reviewed periodically, and the revisions are to be published. There is an onus on public bodies to further the conservation of priority species and habitats and to promote others to take action.

There is new provision for the protection of nests of particular birds all year round. This covers nests of the Golden Eagle, White-tailed Eagle, Osprey, Peregrine, Red Kite, Barn Owl. It is an offence to damage or destroy the nests of such birds at any time of the year.

A number of existing offences under the Wildlife Order are amended so that if they are carried out recklessly and cause harm to wildlife, they are treated in the same way as if caused intentionally. They are applicable to provisions in relation to the protection of wild birds, their nests and eggs, and the protection of certain wild animals, wild plants, and activities within wildlife refuges.

Offences of causing harm to wild birds, animals, and plants are expanded so that persons who knowingly cause or allow someone else to carry out such acts are guilty of an offence. This is applicable to the unlawful introduction of non-native invasive animal or plant species.

A person is not guilty of an offence against wild birds if they can show that their action is not in contravention of relevant provisions. The relevant provisions are amended so that it is an offence for anyone in Northern Ireland to be in possession of wild birds or their eggs taken illegally, anywhere within the EU.

An authorised person (an owner or occupier) may rely on certain defences if they take action that causes harm to wild birds, their nests, and eggs. They must show that there is no other satisfactory solution or, in circumstances where they knew beforehand that the action would be necessary, that they had applied to the Department for a licence.

Persons convicted of an offence under the Control of Trade in Endangered Species (Enforcement) Regulations or Conservation (Natural Habitats) Regulations in relation to the protection of species are disqualified from applying for or retaining registration from the Department for environmental purposes for five years. A defence is created for intentionally or recklessly disturbing a basking shark or a common or grey seal.

It is an offense to set or otherwise use any form of snare that is calculated to cause unnecessary suffering to a wild animal. The person who sets a snare must have it inspected at least once every day and release or remove any animal found during inspection. Failure to do so is an offence.

A person without reasonable excuse in possession of or setting a snare on someone else’s land without their consent is guilty of an offence.

The offence of intentionally taking, removing, uprooting, or destroying a protected wild plant is also applicable to its spores and seeds.

The Department has discretionary power to issue guidelines and approved guidance by others for the purpose of controlling the introduction of non-native invasive species. Guidance is to promote awareness among the relevant sectors of the risks posed by the introduction of such species. The guidance is admissible in evidence in any court proceedings.

The Department may make an order prohibiting anyone from selling animal or plant species to which the Wildlife Order applies, as specified in the order. Persons in breach of the provisions of the order or who permit non-compliance are guilty of an offence unless they prove they took all reasonable steps and exercised due diligence to avoid committing the offence.

It is an offence to be in possession of pesticides which are prohibited by Order. There is a defence to be in possession for a lawful purpose.

The Department may by order prohibit persons from selling animal or plant species which are non-native invasive species. Breach is an offence with a defence that a person took all reasonable steps and exercised due diligence to avoid committing the offence.

It is an offence to be in possession of pesticides prescribed by the Order. There is a defence that the person is in possession for lawful purposes.

Activities which would otherwise constitute an offence may be permitted under licence. Licensed activity may be allowed for additional purposes such as research, repopulation, reintroducing into an area of wild birds, conserving animals, wild plants, wild birds, or plant life, or for the protection of inland waters.

The Department must be satisfied before licensing an activity that it will affect wild birds or nests or eggs, and that there is no satisfactory solution. Licences issued for certain purposes must only be issued on a selective basis in respect of a small number of birds. Licences permitting the killing of wild birds must be subject to certain conditions.

The shooting of certain species of bear, with smaller caliber firearms, that would otherwise be unlawful, is permitted. The Department has given broader powers to issue licenses in the case, into or take any fallow, red, or sika deer during the close season.

Licences may be issued for preserving public health or safety, conserving the natural heritage, or preventing serious damage to property. The Department must be satisfied about a number of issues and must ensure there is no other satisfactory solution and the reasons for the application are given due consideration.

The licensee must have rights to enter the land to which the application relates. It is an offence to gain possession of any article that is to be used for committing an offence under the Wildlife Order.

The powers of the police to enforce the Wildlife Order are enhanced and increased. Search powers are available to the police where they believe that evidence of an offence has been committed. They may enter premises with a warrant issued by a lay magistrate to investigate any offence under Parts 2 or 3 of the Wildlife Order.

Police officers have the power to take samples of specimens found by them in the exercise of their duties. Where they suspect an offence may have been committed, persons in possession of a specimen must assist in sampling. Failure to do so is an offence.

Wildlife inspectors are given enhanced powers. They have powers to enter and investigate certain offences involving wildlife. They have the power to enter premises to facilitate the completion of applications for a licence and for ongoing compliance with conditions. It is an offence to obstruct or impersonate a wildlife inspector. They may take samples in the same way as the police may above.

Generally, wildlife prosecutions must be taken within six months. Penalties of six months’ imprisonment apply, except for certain lesser offences. Greater penalties apply to other offences, including those relating to the release and spread of non-native invasive species.

Schedules to the legislation update the list of birds, animals, and species listed in the Wildlife Order 1985.The close season for female deer is shortened and commences on 1 April each year.

Public bodies have a duty when granting consent to carry out an operation to require that the operation is carried out in such a way as to minimize the risk of damage to designated features of an area of special scientific interest. They may require the person concerned to take reasonable action to restore the ASSI to its former condition when damage does occur.

Amendments are made to provisions in relation to voluntary management agreements with owners outside of an ASSI for the purpose of preserving the features of the ASSI.

There are new offences in connection with ASSIs. Public bodies, when giving, authorizing, or consenting to undertake operations in an ASSI which may damage its features, must inform the Department of the Environment beforehand and set out how it takes into account advice received from the Department before permitting an operation.

There are requirements on owners of land within an ASSI to notify change of ownership or occupation. Failure to do so is an offence.

The Department has the power to erect notices and signs on lands with ASSIs. It is an offence to damage, destroy, or remove the notices.

When designating ASSIs and giving other notifications in that context, the Department must make every effort to inform owners of the land within the ASSI. The notices and declarations are not invalidated by not giving notice.