LEGAL SUMMARY ISSUES INTRODUCTION Unlike certain other countries, the UK has not introduced specific legislation in response to the CBD to regulate access to genetic resources. Rather, the rules governing access to genetic resources are found in other areas of UK law, particularly those relating to property, trespass, statutory protection of species and site protection. Other areas of law, such as health and safety legislation, law concerning the handling of dangerous organisms and intellectual property rights are also relevant. Some of these are outlined below. ACCESS (TRESPASS) Access for collecting specimens In order to enter onto land for the purposes of collecting wildlife specimens, the permission of the owner should generally be sought. Entering onto land without such permission will normally be a trespass against the owner. Trespass is not generally a criminal offence, but the owner of land may seek civil remedies against a trespasser. In certain circumstances, there may be a right of access to land, or public access to the land may be permitted or tolerated by the owner. In such cases, entering onto the land for the purposes of collecting specimens may well go beyond the scope of the right or permission, and it is safest, therefore, nevertheless to first seek the permission of the owner. Trespass Trespass to land is any unjustifiable intrusion by one person upon land in someone else's possession. The slightest crossing on to the land is sufficient to be a trespass; removing soil or part of a building is a trespass; placing anything on someone else's land is a trespass (e.g. leaving rubbish on the land). It is not necessary to know that the land belongs to somebody else - i.e. it is no defence that the trespass was due to a mistake of law or fact. An entry upon another's land is not trespass if it can be justified, for example, by operation of law (e.g. statutory powers given to police officers), by consent of the owner, or by necessity (e.g. to put out a fire). Another example is use of a highway: the public have the right to pass and repass, but use for any other purpose will amount to a trespass e.g. setting up a shop or trying to stop the landowner exercise his shooting rights. A person in possession of the land can claim damages or an injunction. It is not necessary that there should have been any actual damage. An injunction may be sought to prevent a threatened trespass or stop a continuing trespass. The amount of damages will depend upon the circumstances. For example, if there is no damage done, and the trespass consists of merely someone using a track that he is not entitled to use, the amount of damages is equal to the usual charge for wayleave in the district. Where actual damage has been done, the amount of damages will normally be the amount by which the value of the land has been diminished (which will not necessarily be the cost of restoration). "Aggravated damages" can be awarded where, for example, the trespass is accompanied by noise and disturbance. Existing access Rights of area access currently exists over a considerable extent of land, much of it open countryside, with varying levels of reliability. Much access is tolerated by landowners (de facto access) - but this can be withdrawn at any time, and may not be widely known. Some access has been formally recorded, by contractual agreement with a third party (such as a local authority), under statutory enabling provisions (such as under the National Parks & Access to the Countryside Act 1949 and the Wildlife & Countryside Act 1981), or by practice or custom (such as much open countryside held by the National Trust, or woodland held by the Woodland Trust). About 100,000 hectares (¬ million acres) of common land (and some other open countryside) are subject to a statutory right of access under the Law of Property Act 1925, the Commons Acts, or local statutes (e.g. Elan Valley, Cleeve Hill, Epsom Downs). The Law of Property Act 1925 enacted a right of area access (for "air and exercise") on commons which were in former urban districts (many such districts were largely rural in character), and over other commons where the landowner had (voluntarily) executed a "deed of dedication". In most cases, the right of access to such land is subject to restrictions or byelaws, which may well prohibit harming or taking wildlife. In many cases, breach of these restrictions or byelaws may constitute a criminal offence. Access under Part I of the Countryside and Rights of Way Act 2000 The Countryside and Rights of Way Act 2000 will give people a new right of access on foot to extensive areas of open country (mountain, moor, heath and down) and registered common land, subject to sensible restrictions to avoid activities which might cause harm or damage. Before the new right comes into effect, the Countryside Agency and the Countryside Council for Wales will first prepare maps showing where people can and cannot exercise the right of access. The Government has a target to open up public access to mountain, moor, heath and down, and registered common land, by no later than the end of 2005. The right of access is specifically subject to the restrictions contained in Schedule 2 to the Act, which will mean that the right will not apply to any person who collects wildlife specimens whilst on access land. The Act will not, however, affect any present licence for, or toleration of, research or scientific activities on access land. Those who enter on open country at present, for whatever purpose, frequently do so without any express permission of the owner (or occupier): they may have an implied licence or they may be, in effect, trespassers. If a person on access land is in breach of a restriction, it will be a matter for the owner whether to tolerate his continued presence, just as it is now. So the status of a scientist or researcher engaging in the collection of insects on the land will be unchanged in such a situation. There are areas of access land where the owner of land may be perfectly content for scientific research to continue, and indeed may be happy to welcome them onto the land. See Countryside and Rights of Way Act 2000 http://www.defra.gov.uk/wildlife-countryside/cl/index.htm COMMONS Owners of rights of common have specific limited rights to the natural produce of the common. Otherwise the landowner owns the common and its produce. In the case of some commons the landowner may not be known for certain. Those seeking access to common land may find it useful to consult the Commons Registration Authority . The taking of genetic material by others will require the consent of the landowner and might require consultation with the commoners if it is likely to have an impact on the exercise of their rights. Where the land has a specific nature conservation interest, e.g. designated as a Site of Special Scientific Interest, other UK legislation [see Habitats below] will afford additional protection. Furthermore, where a common has been made subject to a scheme of management under the Commons Act 1899, the district council or,in Wales, the county or county borough authority is empowered to make bylaws to regulate and protect the common. These may prohibit any person from taking or injuring the surface or plants growing on the common without lawful authority, and prohibiting the taking or intentional disturbance of animals on the common. Local authorities also have a byelaw-making power under section 235 of the Local Government Act 1972 which may be used to protect common land not subject to a scheme made under the 1899 Act and to which no other byelaw-making power applies For more information concerning common land http://www.defra.gov.uk/wildlife- countryside/issues/common/index.htm DANGEROUS ORGANISMS Access to dangerous micro-organisms is restricted by legislation on controlled technologies and requirements for export/import licenses. General information on the laws and institutional practises in the United Kingdom can be found on the website of the UK National Culture Collection http://www.ukncc.co.uk/html/Databases/Control%20Distibuti on.htm Other useful links are the following: EC Directive 93/88/EEC on Biological Agents http://eur-op.eu.int/opnews/395/en/r3633.html Council Regulation 3381/94 on the Control of Exports of Dual-Use Goods from the European Community of 19th December 1994 and amendments http://eur-op.eu.int/opnews/395/en/r3633.html Reports of the Committee on Postal, Quarantine and Safety Regulations of the World Federation of Culture Collections (http://wdcm.nig.ac.jp/wfcc/wfccreports.pdf). International Regulations on Shipping of infectious, non- infectious and genetically modified biological materials (http://www.gbf.de/dsmz/shipping/shipping.htm). Handling and distribution of micro-organisms and the law to disseminate information on our legal responsibilities while collecting and distributing micro-organisms (Smith, D. Rohde, C. & Holmes, B. (1999). Microbiology Today 26, 14-16). A fuller version of this paper is available on the web site of the Society for General Microbiology, which will be periodically updated, http://www.socgenmicrobiol.org.uk HEALTH AND SAFETY LEGISLATION The Health and Safety Executive operates and enforces legislation in Great Britain designed to ensure that risks to people's health and safety from work activities are properly controlled. (For general information, see http://www.hse.gov.uk/action/index.htm.) Certain legislation may also affect access to genetic resources. In the UK, health and safety legislation requires employers to look after the health and safety of their employees; employees and the self-employed have to look after their own health and safety; and all employers and employees must take care of the health and safety of third parties such as members of the public who may be affected by their work activities. Several areas of health and safety legislation have direct influence on access to genetic resources. These are listed below. The Health and Safety at Work etc. Act 1974 (HSWA) All work except domestic service is subject to regulation under the HSWA. Employers have general duties to ensure, so far as is reasonably practicable, the health, safety and welfare at work of employees, and to conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that other persons who may be affected by the work are not exposed to risks to their health and safety. Self-employed people have general duties to conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that they and other persons are not exposed to risks to their health and safety from the work. Employees have a general duty to take reasonable care for the health and safety of themselves and of other persons who may be affected by their work, and to co-operate with their employer or any other person to enable them to comply with any health and safety duties. The Management of Health and Safety at Work Regulations 1999 (MHSWR) The MHSWR provide a framework for controlling health and safety at work. As well as calling for risk assessments, they also require employers to have access to competent help in applying the provisions of health and safety law; to establish procedures to be followed by any worker if situations presenting serious and imminent danger were to arise; and for co operation and co ordination where two or more employers or self employed persons share a workplace. Control of Substances Hazardous to Health (COSHH) The COSHH Regulations (Statutory Instrument 1999 No. 437 - see http://www.hmso.gov.uk/si/si1999/19990437.htm) provide a framework of actions designed to control the risk from a range of hazardous substances including biological agents. Schedule 3 of COSHH contains provisions specifically relating to biological agents. The essential elements of the COSHH Regulations as they relate to work with biological agents are: . risk assessment; . prevention of exposure or substitution of an agent with one that is less hazardous (where the nature of the activity permits); . selection of control measures; . maintenance, examination and testing of control measures, e.g. protective equipment such as safety cabinets; . provision of information, instruction and training for employees; . monitoring exposure at the workplace (if a suitable procedure is available); . health surveillance of employees (where appropriate, and if there are valid techniques for detecting indications of disease) when it can lead to action that will be of benefit to the health of employees; . notification of `first use' of biological agents in Hazard Groups 2, 3 and 4 . notification of the consignment or importation of biological agents listed in Part V of Schedule 3 of COSHH. Hazardous substances are anything that can harm health when a person works with them if they are not properly controlled (e.g. by using adequate ventilation) and can include substances used directly in work activities (e.g. glues, paints, cleaning agents), substances generated during work activities (e.g. fumes from soldering and welding), naturally occurring substances (e.g. grain dust, blood, bacteria and other genetic resources). Biological agents may be hazardous substances. Biological agents are bacteria and other micro-organisms. They are controlled by COSHH if they are directly connected with the work or if exposure is incidental, such as with farming, sewage treatment or healthcare. Under COSHH, biological agents are categorised according to hazard and categories of containment For further information, see http://www.hse.gov.uk/hthdir/noframes/coshh/coshh9.htm The Reporting of Incidents, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) RIDDOR requires employers, the self-employed and people in control of premises to report certain dangerous occurrences, occupational injuries and diseases. The Carriage of Dangerous Goods (Classification, Packaging and Labelling) Regulations 1996 The legislative controls for the domestic carriage of dangerous goods, including biological agents are contained in these Regulations. Further information on any of the above can be obtained from the Health and Safety Executive website http://www.hse.gov.uk Advisory Committee on Dangerous Pathogens The Advisory Committee on Dangerous Pathogens (ACDP) is a non-statutory advisory non-Departmental Public Body comprising a tripartite membership of 8 scientific experts, 4 employer representatives and 4 employee representatives. Its current terms of reference are: "To advise the Health and Safety Commission, the Health and Safety Executive, Health and Agriculture Ministers and their counterparts under devolution in Scotland, Wales and Northern Ireland, as required, on all aspects of hazards and risks to workers and others from exposure to pathogens". The ACDP Secretariat can be contacted via email at: acdp.secretariat@hse.gov.uk or via the DH website http://www.doh.gov.uk/acdp.htm Legislative controls over the safety of GMOs used in containment. The Health and Safety Executive operates and enforces legislation in Great Britain that controls the safety, to humans and the environment, of activities involving genetically modified organisms (GMOs) in containment. GMOs are micro-organisms, plants and animals that have had their genetic material altered by artificial means. This is variously known as genetic modification, modern biotechnology, genetic engineering, gene technology, or recombinant DNA technology. `Containment' covers the contact of the GMOs with humans and the environment is limited by the use of barriers so that harm is avoided. Contained use includes facilities such as: . laboratories; . animal houses used, e.g. for breeding modified mice; . fencing to restrain farm animals; . plant growth rooms and glasshouses; . industrial fermentors used for large scale production of things such as enzymes for washing powders. Further information on contained use of GMOs can found in the HSE publication 'A Guide to the Genetically Modified Organisms (Contained Use) Regulations 2000. ISBN No 0- 7176-1758-0, price œ13.50 available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO 10 , 6FS. The current legislation which applies to the contained use of GMOs is the Genetically Modified Organisms (Contained Use) Regulations 2000 (SI 2000/2831), the main requirements of which include risk assessment; establishment of a local Genetic Modification Safety Committee; notification to the Competent Authorities (via HSE acting as a post box) of all premises where GMOs are used; notification to the Competent Authorities via HSE of activities of low, medium or high risk; and application of suitable containment and control. One implication of these Regulations is that any individual or organisation seeking access to various categories of GMO would not be entitled to access and use GMOs unless these Regulations were followed with respect to a range of activities including their acquisition, safe storage, handling and use. For example, people planning to work with a GM virus will have to follow certain steps before they can begin working. They need to: . carefully assess risks to human health and safety and the environment, . prepare a notification and have it reviewed by a GM Safety Committee, and . obtain a consent from the Competent Authority if the activity is of sufficiently high risk to require one. When products are to be released deliberately, including those first developed in containment and then subsequently released, legislation on the deliberate release of GMOs must be taken into account. Deliberate release and the marketing and approval of products is regulated in the Deliberate Release Regulations (EU Council Directive 90/220/EEC - to be replaced by Directive 2001/18/EC - on the Deliberate Release into the Environment of Genetically Modified Organisms). These Regulations are the responsibility of the Department of the Environment, Food and Rural Affairs (link to DEFRA site). Further information on the effect of this and other legislation relevant to the use of GMOs can be found on http://www.hse.gov.uk/hthdir/noframes/hdgmo.htm. INTELLECTUAL PROPERTY RIGHTS Some genetic resources and their derivatives are protected by various kinds of intellectual property rights (IPRs). These can affect whether, and on what terms, the genetic resources may be accessed. In addition, agreements on access to genetic resources and benefit-sharing often include terms related to intellectual property rights. This section provides a basic introduction to intellectual property rights in the UK, including a brief description of the circumstances in which permission is needed from the holders of IPRs in order to access IP- protected genetic resources. It also introduces typical IP-related issues covered in access and benefit-sharing agreements. Thirdly, it provides links to some websites that provide further introductory information on IPRs, access and benefit-sharing. Intellectual Property Intellectual property, often known as IP, allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. Intellectual property exists in a variety of forms according to what has been created. Some are "registered rights" and have to be applied for. Some are unregistered and arise automatically on the creation/publication of the original work. The main types of IP are patents; trade marks; designs and copyright however, IP is much broader than this including also trade secrets, plant breeders' rights (PBR), and geographical indications. Of these, patents and PBR (see below) are those likely to have the closest connections with access to genetic resources and benefit- sharing, although trade secrets and geographic indications are also particularly relevant. IP rights are private property rights so it is usually up to the owner to decide how to exploit or benefit from their IP. IP rights generally give the owner exclusive rights to use the material protected in certain ways - exactly how depends on the type of IP. If someone else uses the IP in these ways without your permission, this usually amounts to infringement. If the owner does not want to use the material protected by IP him/herself, or s/he wants others to use it too, s/he may license its use. Whatever the IP right, the owner can usually decide whether or not to license its use to someone else. However, there are a few areas where this rule does not apply. For example, there is a copyright exception allowing limited use without infringing copyright, and compulsory licences for use of patents may be possible. Intellectual Property rights are generally national in character. If a resource is being accessed, intellectual property rights both in the country it is being accessed in and in any countries it is imported into will need to be considered. Further information on IPRs in general and on all the categories of IPRs can be found at: . www.intellectual-property.gov.uk (The UK IP Portal) . http://www.wipo.int/ (The World Intellectual Property Organisation, the UN Specialised Agency dealing with Intellectual Property matters) Patents A patent for an invention is granted by government to the inventor, giving the inventor the right for a limited period (up to 20 years) to prevent others from exploiting (making, selling, using, importing etc.) the subject matter of the patent without the owner's permission. When a patent is granted, the invention becomes the property of the inventor, which - like any other form of property or business asset - can be bought, sold, rented or hired. Patents are territorial rights; UK Patent will only give the holder rights within the United Kingdom and rights to stop others from importing the patented products into the United Kingdom. Patents may be obtained for an invention that is new, that is: . that knowledge of it is not in the public domain, nor has it been published or used anywhere in the world; . it is not obvious in the light of what has been done before; and . it has a practical application. The basic criteria are the same for all areas of technology including biotechnological inventions. Patents are generally intended to cover products or processes that possess or contain new functional or technical aspects; patents are therefore concerned with, for example, how things work, what they do, how they do it, what they are made of or how they are made. Plant and animal varieties as such cannot be patented. No patent can be valid if it covers the mere discovery of a plant or its derivatives as they exist in nature, nor if it covers knowledge that has already been made known. However, inventions concerning genetic manipulation of plant tissue may be patentable and rights can extend to the products of this genetic manipulation. If an individual or organisation wishes to access genetic resources over which there is patent protection, the general rule is that the permission of the patent-holder will be required. (There may be exceptions to this related to research or compulsory licenses.) Further information on patents is available from http://www.patent.gov.uk/patent/ Plant Breeder's Rights Plant breeders' rights (PBRs) are a system of patent-like rights specifically designed to provide breeders with the exclusive right to sell commercially a new variety that is novel, uniform and distinctive. PBRs frequently provide for certain exceptions to exclusive rights: the farmer's privilege, and the research exemption or breeders' privilege. Under the farmer's privilege, a farmer has the right to keep a part of the crop grown from PBR-protected seed and use it as seed for the next crop. The breeder's privilege authorises others to use a protected variety freely in research on or the development of new varieties. Plant breeders' rights entitle the holder to prevent anyone doing any of the following acts respecting the propagating material of the protected variety without authority :- . production or reproduction (multiplication) . conditioning for the purpose of propagation . offering for sale . selling or other marketing . exporting . importing . stocking for any of the purposes mentioned in (a) to (f) above . any other act that may be prescribed by the provisions of the Plant Varieties Act 1997 If any individual or organisation wishes to access genetic resources covered by PBRs for any of the above purposes, it would be necessary to seek permission from the holder of the rights, who can give permission (through a license) on whatever terms and conditions it wishes to impose, subject to the safeguard of compulsory licensing. The Plant Variety Rights Office has no powers to intervene in such matters apart from the case of compulsory licences. Plant breeders' rights do not extend to any act done for private and non-commercial purposes, for experimental purposes or for the purpose of breeding another variety, for which permission is not needed. For more information, see the UK Plant Breeders' Rights Handbook 1998 on http://www.defra.gov.uk/ and http://www.upov.int/eng/index.htm Trade Secrets Many businesses will have "trade secrets" but they may not always recognise that they have them, and that they can be a valuable type of IP. Protection for trade secrets arises from the law of confidentiality. A trade secret is information that is only known to a few people and where its disclosure to others would constitute a breach of confidence. The information: . can be connected with another IP right, for example relevant know-how for working a patent, or . can be material existing before the other IP right has come into being, for example details of the invention for which a patent has not yet been sought, or . it can be material that is already protected by IP, for example where copyright exists in material that is to be shown under a confidentiality agreement to a potential partner for its exploitation. So, in general, using the law of confidentiality can be very useful to ensure that any information a business wants to keep secret remains secret. In order for trade secrets to remain protected, it is, though, very important to ensure that all who might get to know about the information that is being protected, such as other employees and collaborators in other businesses, understand and are bound by the conditions of confidentiality. Seeking legal or professional advice about this may be a good idea. Geographic Indications A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Further information on geographical indications may be found at: http://www.wipo.int/about-ip/en/ (Information about geographical indications world-wide) http://www.defra.gov.uk/foodrin/foodname/intro.htm (Protection of food names in the UK) Terms in Access and Benefit-Sharing Agreements related to IPRs It is common for contractual agreements on access to genetic resources and benefit-sharing (sometimes known as `Material Transfer Agreements') to contain a number of terms and conditions related to IPRs, including: . restriction of the permitted uses of the material transferred, for example, `for research purposes only'; . the obligation not to file patent or other IP applications or to seek permission prior to doing so; . provisions to share intellectual property rights; . provisions to share royalties and/or other benefits arising from intellectual property rights; . licenses; . the obligation to defer publication; . confidentiality. Some of these issues are discussed in a paper by the WIPO Secretariat entitled `Matters concerning intellectual property and genetic resources, traditional knowledge and folklore - an overview' (WIPO/GRTKF/IC/1/3) - see http://www.wipo.int/globalissues/igc/documents/index.html . Requirements for prior informed consent for access to genetic resources, for benefit-sharing and for the use of agreements containing mutually agreed terms including terms such as those mentioned above on IPRs are a common element of recent national laws on access to genetic resources and benefit-sharing. [Hyperlink to paras on access legislation in Introduction/Context (i.e. footnote with list of 50 countries).] LAND REGISTER Land registration is required when a relevant transaction is carried out. This has not always been the case, although it has been common practice in towns and cities for some time. The majority of land titles are now registered, but it is still not uncommon to find rural land unregistered (where there has been no relevant transaction). If land is unregistered, it can be difficult to obtain details of the owner, especially if the land is not occupied. Local enquiries may have to be made on the ground. Where land is registered, details of ownership will be contained in the land register. This is open to public inspection for a modest fee, and copies of entries may be taken. Information on who owns land in the UK is found from the respective Land Registries. HM Land Registry HM Land Registry is an Executive Agency of the UK Government. Its main purpose is to register title to land in England and Wales and to record dealings once the land is registered. For further information, see: http://www.landreg.gov.uk/ Registers of Scotland The Registers of Scotland contain information about property and property transactions in Scotland. The main registers are the Register of Sasines and the Land Register. For further information, see: http://www.ros.gov.uk/. This site includes a description of the Registers, their history, how to search them, some Frequently Asked Questions, information on fees and contact addresses. Land Registers of Northern Ireland The Land Registers of Northern Ireland administers the Land Registry, Registry of Deeds and the Statutory Charges Registry which have been public registries since 1892, 1708 and 1951 respectively and has a long tradition of public service. The agency records details of legal rights to land, provides information for land and property conveyancing and has a judicial role in resolving disputes about registered land. For further information, see: http://www.doeni.gov.uk/land.htm NATIONAL PARKS Land may be in a National Park, but this does not necessarily mean that it will be publicly owned. The National Park regime passes a number of the environmental protection or planning functions of local authorities to joint planning boards etc. (comprising constituent authorities) or National Park Authorities. Authorities have special duties in respect of National Parks, concerning protection of the natural beauty and wildlife and promoting public enjoyment. National park status will mean that decisions about regulatory consents etc. will need to be sought from the relevant Park body, and that that body will need to apply its duty to secure and enhance the natural beauty and wildlife of the Park when considering consent applications. Other than these changes to regulatory bodies and the matters they must take into account, there are no special controls or permitting regimes that apply particularly to National Parks. In the Norfolk and Suffolk Broads, the Broads Authority carries on certain functions similar to those of a National Park Authority; and in coming years, Conservation Boards may be established in respect of certain Areas of Outstanding Natural Beauty, and these would have a similar but reduced role. See National Nature Conservation Designations and Orders - including SSSIs and National Nature Reserves: http://www.defra.gov.uk/wildlife- countryside/ewd/ewd08.htm PROPERTY Somebody wishing to access genetic resources in the UK must obtain the permission of the owner of the genetic resources. Thus the owner's permission is needed for access to domesticated and cultivated plants, animals and other genetic resources (including those in ex situ collections). In the UK, ownership of `wild' or `in situ' genetic resources is largely determined by who owns the land upon which they are found. In England, Wales and Northern Ireland, generally speaking, a person owns any genetic resources found in situ on his or her land, including plants, micro-organisms, domestic animals and livestock. Wild animals other than game or fish are not owned by anybody, so to take them without permission is not theft, but Game and Poaching laws limit this exception so that a land-owner has rights over rabbits, hares and game birds. Also, the Theft Act makes it an offence, in England and Wales, to take, without permission, fish from private property or where there is a private right of fishery. The law is different in Scotland but the effect appears to be similar, at least with respect to salmon and sea trout. Permission from the owner of the genetic resources is generally sufficient to access wild genetic resources, since an owner is free to dispose of its property voluntarily, whether by gift or sale. However, if the genetic resources are themselves protected species or found on a protected site, additional permission may be needed from the statutory authority responsible. [Link to Protected species and sites section, below.] Also, if the applicant for access would like to collect the specimens him or herself, permission will be needed from the landowner to enter the land [Link to access/trespass section, above]. Information on who owns land in the UK is found from the respective Land Registries. [Link to Land Register section, above]. PROTECTED SPECIES AND SITES HABITATS Protected sites Where a site is protected through notification as a Site of Special Scientific Interest (SSSI), it is an offence for anyone to damage the special interest features of that site. Owners and occupiers are required to obtain consent from English Nature or the Countryside Council for Wales before carrying out any of the operations listed as likely to damage those features. SSSIs may also be notified as being of European importance (forming part of the Natura 2000 series of sites). A plan or project that is likely to have a significant effect on the site, or is not directly connected with its management must be subject to an appropriate assessment by the competent authority. Further information on Nature Conservation Designations can be found at http://www.defra.gov.uk/wildlife- countryside/ewd/ewd08.htm For further information on how site designation is undertaken for certain species please see DEFRA website at: http://www.defra.gov.uk/wildlife- countryside/ewd/ewd09.htm Information on the Convention on Wetlands of International Importance, Especially as Waterfowl Habitats (The Ramsar Convention) can be found on the DEFRA website at http://www.defra.gov.uk/wildlife- countryside/ewd/ewd10.htm Wildlife and Countryside Act 1981 Protection of birds The Wildlife and Countryside Act 1981 affords statutory protection to all wild birds and implements and fulfils the United Kingdom's obligations under the EC Wild Birds Directive. Under Section 1 it is an offence to intentionally kill, injure or take any wild bird, take damage or destroy the nest of any wild bird while that nest is in use or being built, or take or destroy an egg of any wild bird. It is also an offence to disturb any wild bird included in Schedule 1 Part II of the Act while it is building a nest or is in, on or near a nest containing eggs or young; or disturbs dependent young of such a bird. It is also an offence to be in possession or control of any bird or egg or any derivative of a wild bird, or to sell such an item, unless it can be shown that it was taken legally from the wild. Certain birds, listed on Schedule 2 Part III, can be taken from the wild during the open season, without the need for a licence. These species are legally huntable during this period. If they are required to be taken during the close season a licence will be required from the appropriate body. This includes the taking of birds during the close season for the collection of genetic material. Protection of Animals Under Section 9 of the 1981 Act certain animals. Listed on Schedule 5 Part II, are protected from killing, taking or injuring. It is also an offence to be in possession or control of any live or dead specimen or derivative, or to sell, if it cannot be shown to have been taken legally from the wild. It is also an offence if any person intentionally or recklessly damages, destroys or obstructs access to any structure or place which a wild animal listed on Schedule 5 uses as shelter or for protection, or disturbs any such animal whilst it is occupying this structure. The Government recently strengthened wildlife protection for Cetacea (dolphins and whales) and the basking shark, cetorhinus maximus, by introducing the offence of intentional or reckless disturbance of these species, whether or not this is at a breeding or resting site, (Countryside and Rights of Way Act 2000). Protection of Plants Under Section 13 of the 1981 Act certain plants listed on Schedule 8 of Part II of the Act are protected from picking, uprooting or destruction. It also protects these species against sale, offer or exposure for sale, possession and transport for the purposes of sale, or the advertising with the intention of sale, unless it can be shown that the species in question was legally taken from the wild. Licensing procedures for the taking of genetic material under the Wildlife and Countryside Act 1981 Licences can be granted under Section 16 of the 1981 Act, which implements the powers of derogation under Articles 7 and 9 of the Directive to allow collection of any genetic material from protected species. A licence can be obtained from English Nature or the Countryside Council for Wales . To allow the collection of genetic material under Section 16 of the 1981 Act for the purposes of scientific, research or education purposes. Introduction of alien species Section 14 of the 1981 Act makes it an offence to release or allow to escape into the wild any animal, which is of a kind not ordinarily resident in and is not a regular visitor to Great Britain. It also prohibits release or allowing to escape of animals listed on Schedule 9 part I. Similarly, it is an offence to plant or otherwise cause to grow in the wild any plant included in Schedule 9 Part II. Collection of blood samples for enforcement of the Wildlife and Countryside Act 1981 Section 19ZB (as inserted by the Countryside and Rights of Way Act 2000) of the Wildlife and Countryside Act 1981 empowers police officers to require the taking of a tissue or blood sample from any specimen which he believes is the subject of an offence under Part I of the Act. He may also require a tissue or blood sample from any other specimen where it will tend to establish the identity of the specimen the subject of an offence. Samples may only be taken to determine the identity or ancestry of the specimen; no lasting harm must be caused; and in the case of a live bird or animal, a veterinary surgeon must take the sample. Similar powers are available to DEFRA Wildlife Inspectors, who may require samples - again to check the identity or ancestry of specimens - in support of the sales and other administrative controls in the 1981 Act. Person therefore collecting genetic material must first ascertain whether the species is protected, in the case of animals and plants as all birds are protected. If the species is protected a licence will be required from English Nature or the CCW to derogate away from the protection afforded to the species in the 1981 Act. Habitats Directive The Habitats Directive, Council Directive 92/43/EEC, is transposed into national legislation via the Conservation (Natural Habitats, &c.) Regulations 1994. Certain animals listed in Annex IV(a) of the Habitats Directive are listed on Schedule 2 of the 1994 Regulations and it is an offence to deliberately capture, kill, take or disturb a European protected species or to damage or destroy a breeding or resting site of such an animal For further information the EC Birds and Habitats Directives please see the DEFRA website at: http://www.defra.gov.uk/wildlife- countryside/ewd/ewd09.htm International Trade in Endangered Species The Convention on International Trade in Endangered Species (CITES) aims to protect certain species of plants and animals by regulating and monitoring international trade in them so that it does not become unsustainable. It is implemented within the UK and throughout the EU by the European Wildlife Trade Regulations - Council Reg. (EC) 338/97. Currently, the commercial transfer of samples for scientific analysis derived from specimens of CITES listed species is not exempt from the CITES controls. However, a Working Group has been established to look at exempting some types of samples from the provisions of the Convention. For further information on the CITES controls, please visit the UK's CITES website http://www.ukcites.gov.uk Regulation 9 of The Control of Trade in Endangered Species (Enforcement) Regulations 1997 also empowers police officers and `authorised persons' (DEFRA Wildlife Inspectors) to require samples. These powers relate to specimens listed in the Annexes to Council Regulation No. 338/97, on the protection of species of wild fauna and flora by regulating trade therein. Again, samples from live birds or animals must be taken by a veterinary surgeon, and no lasting harm caused to the specimen. Bonn Convention on Migratory Species The Convention arose in 1972 from a recommendation by the United Nations, and entered into force in November 1983. There are currently 79 parties (as of 1 February 2002) to the Convention, including most countries in Europe as well as the European Union, many African states and a growing presence in South America, Asia and Oceania. The United Kingdom ratified the Convention in July 1985 and it entered into force on 1 October 1985. The Bonn Convention aims to improve the status of all threatened migratory species through national action and international Agreements between range states of particular groups of species Article II.1 The Parties acknowledge the importance of migratory species being conserved and of Range States agreeing to take action to this end whenever possible and appropriate, paying special attention to migratory species the conservation status of which is unfavourable, and taking individually or in co-operation appropriate and necessary steps to conserve such species and their habitat. Article III: Parties that are Range States of a migratory species listed in Appendix I (endangered species) shall prohibit the taking of animals belonging to such species (with limited exceptions including for scientific purposes). Article IV: Parties that are Range States of migratory species listed in Appendix II (those with an unfavourable conservation status) shall endeavour to conclude Agreements where these should benefit the species and should give priority to those species in an unfavourable conservation status. A number of Article IV Agreements have been concluded as self standing international legal instruments (Agreement on the Conservation of Albatross and Petrel, Agreement on the Conservation of Cetaceans in the Back and Mediterranean Seas, African and Eurasian Waterbird Agreement, Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas and Agreement on the Conservation of Bats in Europe - further information on these and "soft law" Memoranda of Understanding under the Bonn Convention can be found on the Convention website, address below). www.wcmc.org.uk/cms http://www.defra.gov.uk/wildlife- countryside/gwd/exotic/cms.htm JURISDICTION The UK comprises the countries of England, Scotland, Wales and Northern Ireland. This website also includes information on the Overseas Territories [link to OT Webpage] and the Crown Dependencies [link to CDs Webpage] of the UK. Genetic resources found on the land and inland waters of these areas lie within the sovereign jurisdiction of the UK, as do genetic resources found in the marine environment in inland, coastal and territorial waters and the Exclusive Economic Zone. DEVOLUTION Devolution is the transferring of political decision- making from the centre to sub-national units. Following the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998, certain executive and legislative powers were devolved from Westminster to the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Executive respectively. While this is a process which is constitutionally reversible, and the sovereignty of the UK Parliament remains unaffected by the devolution settlements so that it retains full legislative power even over devolved matters, convention will now restrict the exercise of legislative power to areas reserved to Westminster. (These areas are defined by each Act but typically cover issues such as the constitution, political parties, foreign affairs, public service, defence and treason.) The specific areas of devolved competence vary for Scotland, Wales and Northern Ireland, but, in very general terms, cover many environmental issues, some aspects of economic development, agriculture, fisheries, food and forestry and local government. Thus many aspects of policy relevant to access to genetic resources and benefit- sharing fall within the jurisdiction and competence of the respective parliaments and assemblies in Scotland, Wales and Northern Ireland. Consequently, any individual or organisation seeking access particularly to publicly- owned or managed ex situ genetic resources, or to genetic resources on public land in Scotland, Wales and Northern Ireland, should check the relevant legal provisions. For further information, see: http://www.scotland.gov.uk/ http://www.wales.gov.uk/ http://www.nics.gov.uk/ CROWN DEPENDENCIES The Crown Dependencies are not part of the United Kingdom but are internally self-governing dependencies of the Crown. The Crown Dependencies are the Isle of Man, the Bailiwick of Jersey and the Bailiwick of Guernsey. Isle of Man The constitutional position of the Isle of Man in relation to the United Kingdom is not enshrined in a formal constitutional document. It is rather the outcome of historical processes and accepted practice. The most recent statement of the relationship between the United Kingdom and the Isle of Man is to be found in Part X1 of Volume 1 of the Report of the Royal Commission on the Constitution, published in 1973 (known as the Kilbrandon Report). The Report, however, acknowledged that there were areas of uncertainty in the existing relationship and did not purport to draw up a fully authoritative statement. The Isle of Man (population 73,000) is an ancient kingdom, which finally became subject to the English Crown in 1765 following a long history of possession, and disputed claims to possession, by Norse, Scottish and English kings. It did not, however, become part of the United Kingdom. The Lieutenant Governor is Her Majesty's personal representative on the Island. Other Crown offices include those of First and Second Deemster (judges) and Attorney General, the latter, like the Law officers in the Channel Islands, being the legal adviser both to the Crown and the Island government. The island has its own legislative assembly (Tynwald), its own administrative, fiscal and legal system and its own courts of law. Royal Assent is required for all primary legislation and this power vests in the Queen in Council, but in most cases is exercised by the Lieutenant Governor under delegated authority. The Isle of Man has adopted a Cabinet-style Government with a Chief Minister elected by Tynwald and 9 Ministers chosen by the Chief Minister from Members of Tynwald. Tynwald comprises the House of Keys (the Lower House) with 24 elected members and the Legislative Council (the upper House) with 8 Members elected by the House of Keys. The Legislative Council also includes the Attorney General and the Lord Bishop of Sodor and Man, as ex-officio members. The President of Tynwald also presides over the Legislative Council and he is elected by Tynwald. The United Kingdom Government is responsible for the defence and international relations of the Isle of Man, and the Crown is ultimately responsible for its good government. The people of the Isle of Man cannot however vote in elections for the United Kingdom Parliament, and it would be unprecedented for the United Kingdom to legislate for the Isle of Man on taxation and other domestic matters without the agreement of the Manx authorities. Legislation on taxation matters has always taken the form of laws enacted by the Island legislature. Information on the Isle of Man can be found on the following website http://www.gov.im Channel Islands Bailiwick of Guernsey The constitutional position of Guernsey in relation to the United Kingdom is not enshrined in a formal constitutional document. It is rather the outcome of historical processes and accepted practice. The most recent statement of the relationship between the United Kingdom and Guernsey is to be found in Part XI of Volume 1 of the Report of the Royal Commission on the Constitution, published in 1973 (known as the Kilbrandon Report). The Report, however, acknowledged that there were areas of uncertainty in the existing relationship which itself was complex and did not purport to draw up a fully authoritative statement. The Bailiwick of Guernsey (population of 61,000) principally comprises the Islands of Guernsey, Alderney and Sark. Alderney and Sark are in varying degrees separate from the Island of Guernsey, each having its own legislative assembly. The Bailiwick of Guernsey was part of the Duchy of Normandy when Duke William, following his conquest of England, became King William 1 of England in 1066. It has since been subject to the English Crown as a successor to the Dukes of Normandy. Guernsey did not, however become part of England nor, later, of the United Kingdom. The Lieutenant Governor is Her Majesty's personal representative in the Bailiwick. The most important of the other offices held under the Crown are those of Bailiff and Deputy Bailiff, who in Guernsey share the duties of presiding over the legislature and over the Royal Court and who head the Island's administration; and those of Attorney General and Solicitor General, who are legal advisers both to the Crown and to the Island Authorities. The separate legislative assemblies of the Bailiwick are the States of Guernsey, the States of Alderney and the Chief Pleas of Sark. The Islands have their own administrative, fiscal and legal systems and the courts of law. Primary legislation passed by the Bailiwick's assemblies requires the approval of the Queen in Council. The United Kingdom Government is responsible for the defence and international relations of the Bailiwick, and the Crown is ultimately responsible for its good government. The people of Guernsey cannot, however, vote in elections for the United Kingdom Parliament and it would be unprecedented for the United Kingdom to legislate for Guernsey on taxation and other domestic matters without the agreement of the Guernsey authorities. Legislation on taxation matters has always taken the form of laws enacted by the Island legislature. Information on the Bailiwick of Guernsey can be found on the following websites: http://www.gov.gg/ http://www.alderney.gov.gg/ http://www.sark.gov.gg/ Bailiwick of Jersey The constitutional position of Jersey in relation to the United Kingdom is not enshrined in a formal constitutional document. It is rather the outcome of historical processes and accepted practice. The most recent statement of the relationship between the United Kingdom and Jersey is to be found in Part X1 of Volume 1 of the Report of the Royal Commission on the Constitution, published in 1973 (known as the Kilbrandon Report). The Report, however, acknowledged that there were areas of uncertainty in the existing relationship and did not purport to draw up a fully authoritative statement. Jersey (population 85,000) was part of the Duchy of Normandy when Duke William, following his conquest of England, became King William 1 of England in 1066. It has since been subject to the English Crown as successor to the Dukes of Normandy. Jersey did not, however, become part of England nor, later, of the United Kingdom. The Lieutenant Governor is Her Majesty's personal representative in the Island. The most important of the other offices held under the Crown are those of Bailiff and Deputy Bailiff, who share the duties of presiding over the legislature and over the Royal Court of Jersey, and who head the Island administration; and those of the Attorney General and Solicitor General, who are legal advisers both to the Crown and the Island authorities. The Island has its own legislative assembly (the States of Jersey), its own administrative, fiscal and legal system and its own courts of law. Primary legislation passed by the Jersey Assembly requires the approval of the Queen in Council. The United Kingdom Government is responsible for the defence and international relations of Jersey, and the Crown is ultimately responsible for its good government. However the people of Jersey cannot vote in elections for the United Kingdom Parliament and, it would be unprecedented for the United Kingdom to legislate for Jersey on taxation and other domestic matters without the agreement of the Jersey authorities. Legislation on taxation matters has always taken the form of laws enacted by the Island legislature. Information on the Bailiwick of Jersey can be found on the following website http://www.gov.je/ OVERSEAS TERRITORIES The 13 UK Overseas Territories (OTs) and the two Sovereign Base Areas (SBAs) are listed below, grouped into broad geographical areas: . PACIFIC: Pitcairn Islands . INDIAN OCEAN: British Indian Ocean Territory . SOUTH ATLANTIC: British Antarctic Territory; Falkland Islands; St Helena and its Dependencies Tristan da Cunha and Ascension; South Georgia and the South Sandwich Islands . WIDER CARIBBEAN: Anguilla; Bermuda; British Virgin Islands; Cayman Islands; Montserrat; Turks and Caicos Islands . EUROPE: Cyprus Sovereign Base Areas; Gibraltar The territories are semi autonomous each with its own written constitution. The OTs have locally elected governments (with the exception of British Antarctic Territory, British Indian Ocean Territory, South Georgia and the Sovereign Base Areas) to whom most domestic matters have been devolved under the constitution. This includes the enactment of local legislation, tax raising powers, the control of domestic public finance, the economy and areas such as education, social services, housing, public works and the environment. Their Head of State is Her Majesty the Queen who appoints a resident Governor or Commissioner (in those with no indigenous population) to represent her in each territory. The Governor is responsible on behalf of the UK Government for the conduct of international relations, the defence of the territory from external threats, the maintenance of internal security including police and prison services, the administration of justice and the public service. The exact relationship between the Overseas Territories and the UK differs from territory to territory. Environmental issues are generally governed by international Conventions, such as the Convention on Biodiversity, which is the responsibility of the UK Government but their implementation is a matter for the locally elected government. The UK Government and the Overseas Territory Governments have recently adopted an Environment Charter setting out mutual Guiding Principles for the preservation and management of the environment and commitments on both sides for achieving these. USEFUL LINKS All web-pages of DEFRA's Wildlife and Countryside Division can be found at: http://www.defra.gov.uk/wildlife-countryside/index.htm National Nature Conservation Designations and Orders - including SSSIs and National Nature Reserves: http://www.defra.gov.uk/wildlife- countryside/ewd/ewd08.htm EU Birds and Habitats Directives: http://www.defra.gov.uk/wildlife- countryside/ewd/ewd09.htm The Convention on Wetlands of International Importance, Especially as Waterfowl Habitats (The Ramsar Convention) http://www.defra.gov.uk/wildlife- countryside/ewd/ewd10.htm The Bern Convention on the Conservation of European Wildlife and Natural Habitats http://www.defra.gov.uk/wildlife- countryside/ewd/ewd11.htm CITES: Convention on International Trade in Endangered Species of Flora and Fauna http://www.defra.gov.uk/wildlife- countryside/gwd/cites/index.htm CITES licensing and Bird Registration http://www.defra.gov.uk/wildlife- countryside/citesbird/index.htm Bonn Convention on Migratory Species http://www.defra.gov.uk/wildlife- countryside/gwd/exotic/cms.htm International Whaling Commission (IWC) http://www.defra.gov.uk/wildlife- countryside/gwd/exotic/iwc.htm Wildlife crime http://www.defra.gov.uk/wildlife- countryside/index.htm#4 The Zoo Licensing Act 1981 http://www.defra.gov.uk/wildlife-countryside/gwd/zoo.htm The Dangerous Wild Animals Act 1976 http://www.defra.gov.uk/wildlife- countryside/gwd/wildact.htm Countryside and Rights of Way Act 2000 http://www.defra.gov.uk/wildlife-countryside/cl/index.htm