Nature Conservation Designations
National Nature Reserves (NNRs)
Natural England has powers, stemming from the National Parks and Access to the Countryside Act 1949 to designate land as a National Nature Reserve (NNR). The aim is to secure protection and appropriate management of the most important areas of wildlife habitat, to provide a resource for scientific research and to provide a resource for recreation so long as this does not compromise the wildlife habitat. NNRs have an important public role. The majority of NNRs have some permitted access and every year Natural England welcome parties of schoolchildren and students encouraging them to learn about conservation management and see a range of wild animals and plants in their natural habitat. The statutory purpose of NNRs was revised through the Natural Environment and Rural Communities (NERC) Act to formally recognise the important recreation role the reserves play.
NNRs are usually designated for their broader ecological value rather than for the presence of any rare species. There are however a number of sites which hold important numbers of scarce or rare species. A number of factors may contribute to the designation of a NNR. These may include; how fragile a site is, the size of the site, how 'natural' the site is and the presence of species rich communities. The NNR network represents almost every kind of vegetation type found in England.
NNRs can be managed in a number of ways:
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Natural England may either directly own the land, or hold it on lease
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It may have a nature reserve agreement in partnership with the owners
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It may declare as a NNR land which is held and managed as a nature reserve by an 'approved body' e.g. the Wildlife Trusts.
Each NNR has its own reserve management plan. The work is carried out by a Site Manager and a varying number of estate workers. The management plan, which is normally updated every five years, identifies the objectives of the reserve and lists the operations needed to achieve these objectives.
Within a European context, NNRs are also very important. A number of sites are designated as Special Protection Areas (SPA) under the EC Birds Directive and Special Areas of Conservation (SAC) under the EC Habitats and Species Directive or as Ramsar sites under the Ramsar Convention.
Some facts about NNRs
Although the idea of NNRs was introduced in 1949 the first one was not designated until 1951, this was Bienn Eighe in North West Scotland. The first NNRs in England were declared in 1952 and there are now over 210NNRs covering over 87,000 hectacres.
Sites of Special Scientific Interest (SSSI)
Sites of Special Scientific Interest (SSSI) are the best examples of our natural heritage of wildlife habitats, geological features and landforms. An SSSI is an area that has been notified as being of special interest under the Wildlife and Countryside Act 1981.
The History
Since 1949 Natural England and it's predecessors bodies have been identifying areas of land of special interest. Following recognition of substantial changes to the environment between the 1940s and late 1970s, the Wildlife and Countryside Act 1981 provides a more flexible means of protecting wildlife and their habitats, with compulsory measures used only where absolutely necessary. It established a direct and constructive relationship between the owners and managers of SSSIs and the conservation agency.
In 1992, the Government increased protection for SSSIs within the land use planning system. It withdrew permitted development rights for certain temporary uses of land and indicated that the Secretary of State would generally call in and determine planning applications which would significantly affect sites of national and international conservation importance. It also provided additional advice on the need for Environmental Assessment, and required local planning authorities to consult the conservation agencies about planning applications on land near to and likely to affect a SSSI.
These measures are designed not to prohibit appropriate activities but to ensure that the planning process can properly consider, evaluate and balance the needs and aspirations of the individual against those of the local, national and international community. They ensure that the nature conservation interest is taken fully into account before development, or a change in management practice which would cause damage, is permitted. Nevertheless Government's expectation is that development proposals which would damage SSSIs will normally be refused.
This has been further strengthened by the Countryside and Rights of Way Act 2000 which amends the 1981 Act provisions and improves protection for SSSIs in England and Wales.
The provisions in the Act will give people a new statutory right of access to mountain, moor, heath, down and registered common land, and will improve the rights of way system so as to be more responsive to the needs of modern recreation and land management. The Act also contains measures to increase protection of Sites of Special Scientific Interest and to provide additional powers for the prosecution of wildlife crime. This includes enabling the conservation agencies, Natural England in England and the Countryside Council for Wales in Wales, to refuse consent for damaging activities; providing new powers to combat neglect; increasing penalties for deliberate damage and a new court power to order restoration; improving powers to act against cases of third party damage; and placing a duty on public bodies to further the conservation and enhancement of SSSIs. The measures for SSSIs came into force on 30 January 2001.
A small number of improvements to the SSSI regime have also recently been made through Part IV of the NERC Act 2006, which amends Part II of the Wildlife and Countryside Act 1981. These measures came into force on 30 May and 1 October 2006 and further information on the Act is available here. The Act also creates Natural England which has taken over English Nature's responsibilities with respect to SSSIs.
A Code of
Guidance for England on SSSIs 
(199 kb), prepared under section 33 of the Wildlife and Countryside Act
1981, is available and provides recommendations, advice and information
on how the legislation should operate to Natural England, public and
private bodies and will be of interest to individual owners and occupiers.
Note this does not include the small changes made by the NERC Act 2006. The Financial
Guidelines for Management Agreements
(253 kb) were published in February 2001 and have been reissued following changes by the NERC Act 2006. An explantory note
(17 kb) provides further details and should be read in conjunction with the guidelines.
The Government's Planning Policy Statement 9 sets out planning policy as it relates to biodiversity and gelogical conservation and its accompanying circular provides detailes guidance on statutory obligations and their impact within the planning system.
Notification of SSSIs
Natural England (NE) has a duty to notify areas of special interest. They are required to tell owners and occupiers, planning authorities and water companies, and to advertise the notification in a local newspaper. Anyone may make representations or object to the notification. Natural England considers any objections. If they are satisfied that the arguments for nature conservation outweigh other arguments, they approve the site for confirmation, within 9 months.
Notification of an SSSI will include a statement of NE's views about
the management of the land, as well as a list of operations that may be
harmful to the special interest. If the owner or occupier wishes to carry
out any of these operations they must first obtain consent from NE. NE
then has 4 months to consider all options. They may permit the operations
(with or without conditions) or may refuse consent. The owner or occupier
may appeal to the Secretary of State if consent is refused. NE may also
choose to negotiate a management
agreement (253 kb) for the positive
management of the land for nature conservation.
Natural England may also, in consultation with the owner or occupier, develop a management scheme for the land. If, despite a management agreement being offered, the land is not being managed in accordance with the scheme, NE may serve a management notice requiring certain operations to be carried out. There is a right of appeal against a management notice.
Further detail about Natural England's powers may be found in the Countryside and Rights of Way Act 2000, Schedule 9, which introduced new sections 28 - 28R into the Wildlife and Countryside Act 1981.
Offences and Penalties
A person is liable to a fine of up to £20,000 on summary conviction or an unlimited amount on conviction on indictment if he or she carries out, without reasonable excuse, an operation which damages the special features of an SSSI. The Courts are also empowered to make an order requiring that person to take certain actions to restore the land to its former condition. Failure to comply with such a court order may be punished by a fine of up to £5,000 and a further fine of up to £100 per day for as long as the offence continues. A third party offence of intentional or reckless damage or destruction without the requirement of knowledge that the land affected was an SSSI also exists and accordingly carries a lower penalty fine of up to a current maximum of £2,5000.
Natural England bought the first successful prosecution under these provisions for third party damage to a SSSI in February 2003. The Court also made a restoration order to make the offender restore the SSSI to its former condition prior to the damage occurring. Click here to link to English Nature's press release about the prosecution.
Compulsory Purchase
Natural England may use its powers to make a compulsory purchase order only where it is satisfied that it is unable to conclude a reasonable agreement under section 7 of the NERC Act to safeguard the special interest on an SSSI, or where an agreement has been breached.
Special Nature Conservation Orders
After consultation with Natural England, the Secretary of State may make, in respect of any land within a European site (SPA and/or SAC), a special nature conservation order (SNCO) under Regulation 22 of The Conservation (Natural Habitats, &c) Regulations 1994, specifying operations which appear to him likely to damage or destroy the special interest of such a site, in order to protect that interest.
No person shall carry out any of the operations listed in the Order unless written notice is received by Natural England specifying the nature of the operation and the land on which it is proposed to be carried out and one of the following conditions is fulfilled:
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It is undertaken with the written consent of Natural England, or
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It is undertaken is accordance with the terms of an agreement.
Compulsory Purchase
Where Natural England is unable to conclude a management agreement or where a breach of an agreement occurs which prevents or impairs the satisfactory management of the site, they may acquire that interest compulsorily.
Compensation
Where an Order is made Natural England shall pay compensation to any person having an interest in land comprised as an agricultural unit to which the Order relates, on a claim made that shows that the value of the interest has declined as a consequence of the Order.
Restoration
Where a person is convicted of contravening the Order the Courts may make an Order requiring him to restore the land to its former condition. If restoration is not carried out within the specified time, Natural England may carry out the works and recover all costs involved.
Offences and Penalties
It is a criminal offence to contravene the above without reasonable excuse. The offence may be tried either summarily, at a Magistrates Court, or on indictment, before a judge and jury at a Crown Court. If convicted the person is liable to a fine.
It is reasonable excuse to carry out an operation if:
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It is an emergency, particulars of which were notified to Natural England as soon as practicable, or
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It is authorised by planning permission granted on application under part III of the Town and Country Planning Act 1990.
Limestone pavements
Limestone pavement is a nationally rare habitat in Great Britain covering approximately 2,600 hectares. The most extensive sites are in northern England, from Morecambe Bay to the Pennines. It is particularly at risk from removal for use in garden rockeries.
Many sites containing limestone pavement in England and Wales have been identified and protected as SSSIs. Section 34 of the Wildlife and Countryside Act 1981 allows additional protection through the making of Limestone Pavement Orders (LPO). All significant areas of limestone pavement in England are now protected by LPOs. Natural England and the Countryside Agency have a duty to notify local planning authorities of pavements of special interest (for wildlife, geology or physiography) in their area. The County Planning Authority may then make a LPO to protect the pavement. Once a LPO is in place, removal of rock becomes a criminal offence, unless it constitutes incidental removal in the course of other activities. Penalties match those for damage to an SSSI, at up to £20,000, or on indictment an unlimited fine.
It is also an offence if 'any person without reasonable excuse removes or disturbs limestone on or in land designated by a limestone pavement order'. However it is a reasonable excuse for a person to remove or disturb limestone or cause or permit its removal or disturbance if the act was authorised by a planning permission granted on application. Agricultural use of limestone from land subject of a LPO will thus require a planning application for planning consent.
Limestone pavements were given further protection under the European Habitats Directive in 1992, when they were recognised as a priority habitat for designation as Special Areas of Conservation (SAC). Priority habitats types are those which are most threatened across Europe. Seven areas of pavement in the UK have been identified as possible Special Areas of Conservation (SACs) under the Directive.
Limestone pavement has also been identified as a key habitat in the UK Biodiversity Action Plan. A Costed Key Habitat Action Plan has been published setting out targets and objectives. These seek to ensure that there is no further loss to the extent or quality of limestone pavement areas, and to maintain the balance between features of geological importance and a characteristic assemblage of native plant species.
The Limestone Pavement Working Group was established in 1996 to co-ordinate the implementation of the costed habitat action plan. The Group must identify areas where action needs to be taken to implement the national targets and specify appropriate delivery mechanisms. Current membership includes Countryside Agency, Cumbria Wildlife Trust (on behalf of the Wildlife Trusts), Defra, Natural England, the Limestone Pavement Action Group (LPAG), Scottish Natural Heritage, Countryside Council for Wales, Northern Ireland Wildlife Service and DOE Northern Ireland. The Group is supported by grants from Planning Authorities, Natural England and the Countryside Agency.
The LPAG has promoted a national awareness campaign to inform the general public how they can help prevent damage to limestone pavements, for instance by not buying waterworn limestone. The Action Group has published two booklets to promote public awareness: 'Limestone Pavement: Our Fragile Heritage' launched by Michael Meacher in January 1998 and a follow up publication 'Managing Our Fragile Heritage: Limestone Pavement' in February 1999. Further information about limestone pavements can be found at: www.limestone-pavements.org.uk.
In 1999 the Group commissioned TRAFFIC International to undertake research into the extent and nature of trade in waterworn limestone between the UK and the Republic of Ireland. A copy of the report 'On stony ground' can be viewed at www.limestone-pavements.org.uk.
UK Biosphere reserves
Biosphere Reserves (BR) are areas of terrestrial and coastal/marine ecosystems which are internationally recognised under UNESCO's Man and the Biosphere (MAB) programme launched in 1971.
BRs are nominated by national governments, through the national MAB Committee, and must meet a minimum set of criteria and adhere to a minimum set of conditions before being added to the network. Each reserve is identified to fulfil three complementary functions:
- a conservation function to preserve genetic resources, species, ecosystems and landscapes;
- a development function to foster sustainable economic and human developments, and
- a logistic support function to support demonstration projects, environmental education and training, research and monitoring related to issues of conservation and sustainable development.
In 1974 UNESCO established criteria for BRs which were to be promoted as areas of protected land which in due course would form part of a worldwide network of sites linked by common international standards to facilitate the exchange of information relevant to the conservation of natural and managed ecosystems.
The original functions of BRs were to conserve biodiversity and give facilities for research, education and training. In 1984, UNESCO produced an action plan which expanded the BR concept in which sites were also defined in terms of the sustainable development value. At almost the same time in 1985 the UK withdrew from UNESCO.
In March 1995, an international conference of experts was organised by UNESCO in Seville. The strategy that was elaborated there, known as the 'Seville Strategy', recommends the action to be taken for the future development of BRs in the 21st Century.
During the UK's absence from UNESCO the criteria for MAB sites has been substantially revised following the Seville Conference. The UK's suite of sites was designated in the 1970s and is now out of step with the revised criteria.
When the UK left UNESCO, the UK MAB programme went into abeyance and, as a consequence, the UK did not attend the 1995 Seville Conference which substantially revise the MAB programme and the criteria under which BRs were to be designated. In February 1997 UNESCO wrote to the MAB Committee asking them to institute a review of MAB in the UK based on the revised criteria.
The Department commissioned a research report to look at how the revised criteria could be applied within the UK and to advise Government and the MAB committee. In 2002, following careful consideration of the report and the responses to the consultations, the UK authorities decided to endorse the Report's conclusion that St Kilda and Claish Moss should be removed from the World Network of Biosphere Reserves. In addition, they concluded that two other sites, Rhum and Caerlaverock, should also be removed.
For more details on the UK's biosphere reserves, please visit www.defra.gov.uk/wildlife-countryside/ukmab/index.htm
UK Biosphere Reserves
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Braunton Burrows National Nature Reserve |
Designated 1976 |
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Cairnsmore of Fleet, Merrick Kells and Silver Flowes National Nature Reserves |
Designated 1976 |
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Dyfi National Nature Reserve |
Designated 1976 |
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Moor House - Upper Teesdale Biosphere Reserve |
Designated 1976 |
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North Norfolk Coast Biosphere Reserve |
Designated 1976 |
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Beinn Eighe National Nature Reserve |
Designated 1976 |
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Loch Druidibeg National Nature Reserve |
Designated 1976 |
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Taynish National Nature Reserve |
Designated 1977 |
Marine Nature Reserves
Section 36 of the Wildlife and Countryside Act 1981 empowers the Secretaries of State, following an application from the Country Conservation Agencies, to establish statutory marine nature reserves (MNRs) to conserve, and provide opportunities for the study of, marine flora and fauna and geological and physiographical features of special interest.
The MNR arrangements are, in common with the other site safeguard provisions of the 1981 Act, based on the "voluntary approach" and are thus dependent on securing the co-operation of all the local interests concerned - e.g. fishermen, divers, local authorities, - to agree the detailed provisions for protecting each site.
The development of marine nature conservation is more likely to make progress through the implementation of the Habitats and Birds Directives. The EC Habitats Directive aims to contribute to the maintenance of Biodiversity by establishing a network of Special Areas of Conservation (SACs) which, together with the sites designated under the EC Birds Directive (Special Protection Areas) are known as Natura 2000. These include marine sites as well as terrestrial sites. Some 36 marine sites were included in the initial list of possible SACs by the Government.
Designated MNRs in England
Lundy: Designated 1986. Natural England has prepared a management plan. The aim is to manage the MNR for the benefit of it's wildlife, reconciling this with the sustainable use of its fisheries. The sites is also a candidate Special Area of Conservation (SAC).
Page last modified:
1 October 2006
Page published: 5 February 2003