An evaluation, in light of Brexit, of the extent that the EU has been responsible for improving the habitat conservation regime in England and Wales

Luke Johnson

doi:10.19164/sjppar.v3i1.1099

Abstract

Conservation efforts in Britain originated in the nineteenth century; when Wordsworth described the Lake District as “a national property in which every man has a right and interest who has an eye to perceive and a heart to enjoy.” Since, an abundance of national and international legislation has been passed intending to protect the natural environment and the species inside it. This essay will explore the current habitat conservation regime of England and Wales, evaluating the extent to which the European Union has enhanced the current system. In doing so, this paper shall first outline the international framework before analysing the evolution of the current regime of Sites of Special Scientific Interest. I will then evaluate the Natura 2000 network in order to assess the effect that the EU has had on the domestic habitat conservation system. This discussion will ultimately conclude that whilst the EU has had a positive impact, the system is not doomed to fail following Brexit if the UK government avoid the disparagement of conservational measures.

Highlights

The leading international agreement concerning habitats and wildlife is the Bern Convention;[2] an international treaty in the field of nature conservation aimed at the protection of the natural heritage in the European continent[3]
This is achieved by awarding certain protection to flora and fauna species, prohibiting actions which would otherwise be detrimental to their conservation status, such as deliberate capture and killing of the wildlife[4]
Whilst some criticise the lack of enforcement options available for English Nature, others would contend that this is “unjustified.”[39] With regards to the EU, the RSPB contend that the changes made under the Wildlife and Countryside Act 1981 (WCA), “driven by the Birds Directive, led to a marked improvement;40”as by the 1990s, the area of Site of Special Scientific Interest (SSSI) lost per year had fallen below 0.005% and the area subject to short term damage to 2-3% per year.[41]

Summary

International Habitat Conservation Framework

The leading international agreement concerning habitats and wildlife is the Bern Convention;[2] an international treaty in the field of nature conservation aimed at the protection of the natural heritage in the European continent[3]. States are required to take all compensatory measures necessary to uphold the integrity of the Natura 2000.86 According to Kleining, this provision is “weak” and is a contributing reason for the “deterioration of biodiversity across Europe87.” This completely opposes the view of Warren who claims that European protected sites are widely thought to have been crucial in limiting the decline in biodiversity.”[88] the Directive and provision must not be too detrimental given that the RSPB claim: “our species and habitats are in a better position than they would be without the Directives”[89]; which is illustrated through scientific data and statistics

Does the domestic habitat conservation regime need the EU?

Reforms in light of Brexit

Findings

115 Conclusion