LSE

One of the many species of bird attracted to the Camley Street nature reserve.

The threat to biodiversity has been taken seriously on the international stage as well. Under UNESCO's Man and Biosphere Programme, which was launched in 1971, 13 Biosphere Reserves were designated in 1976-7. However, the United Kingdom left UNESCO in 1985 and the government is currently considering how updated UNESCO criteria for such reserves should be treated. More significant were the special additional reserves created under the Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971. Some 138 areas in Britain have been designated by the Secretary of State under the Convention. Under the EC Birds Directive, 237 special protection areas for birds have also been designated by the Secretary of State, covering over 1¼ million hectares; more are in the pipeline. Within Ramsar sites and special protection areas for birds, nature conservation considerations should normally outweigh the need for development, and local authorities are required to take special action to avoid significant deterioration of habitats. In fact the bird species count has long been used as a microcosm or symbol of the threat to biodiversity: indeed, a recent book by Ken Norris and Deborah Pain entitled Conserving Bird Biodiversity explores the broader issue through this prism.

The EU has also expanded its wildlife protection work with the Habitats Directive on the Conservation of Natural Habitats and Wild Fauna and Flora no.92/43, which sets up a European network of Special Areas of Conservation (SACs), also known as the 'Natura 2000' sites. The UK government has put forward 567 candidate SACs, covering over 2 million hectares, to the European Commission. SAC designation must be taken into account in development planning and development control, and work detrimental to its nature conservation value can be halted by an order. Sites can be made subject to management agreements or a special nature conservation order made by the Secretary of State. One implication of the Habitats Directive is that valid planning permission is no longer a reasonable excuse for operations that damage a designated site.

	The threat from the air
	Many species of birds have been affected by air pollution, habitat clearance, the encroachment of farm land and climate change. A survey of 58 countries across Africa found that almost 10 percent of its bird species were globally threatened. Many key bird areas were not protected under international law. Conservationists have estimated that protecting just 7 percent of Africa's land area would help save many species. Conserving bird biodiversity is one of the greatest challenges faced by international environmental organisations and communities.

Under a 1985 amendment to the 1981 Wildlife and Countryside Act, a system of reciprocal notification operates. English Nature has to inform landowners and other relevant bodies of the intent to designate an SSSI, and landowners and occupiers have to inform English Nature of the intention to undertake any operations falling within the list of potentially harmful operations identified at designation, giving four months' notice. This does not apply to development with planning permission. If English Nature objects to proposed operations, they have a limited period of time (currently four months) within which to negotiate a management agreement for the land, with compensation being payable for operations forgone by the landowner. This contrasts with other areas of planning control, with which there is no compensation for loss of development rights. At the end of the negotiation period English Nature can apply to the Secretary of State for an extension order. However, at the end of this extended period the only remedy available to English Nature is compulsory purchase, for which special provisions exist.

The Countryside and Rights of Way Act 2000 further increased the protection afforded by SSSI designation. This enables the relevant agencies to refuse consent for damaging activities, provides new powers to combat neglect, increases the penalties for deliberate damage and introduces new court powers to order restoration. It also improves the powers of agencies to act against cases of third-party damage and places a duty on public bodies to further the conservation and enhancement of SSSIs.

Added protection is available for SSSIs of national importance, which are designated by the Secretary of State and require written approval from English Nature (or its equivalent) for operations. The designation of such sites invokes compensation if the value of the land is reduced. There are provisions for wider consultation for any schemes of development or for operations in or near these SSSIs, and the Secretary of State may call in planning applications affecting such SSSIs. In addition, while many sites containing limestone pavements are protected as SSSIs, an additional protection is provided under the 1981 through Limestone Pavement Orders. Under these orders, removal of rock becomes a criminal offence.

	Thinking Points
	Do you think that biodiversity is adequately protected in national and international law?

These essentially negative measures are being supplemented by English Nature's Wildlife Enhancement Scheme, which aims to promote positive management of SSSIs. Under this scheme, launched in 1991, payments will be available for wildlife protection work. These will cover the one-off costs of preparing management plans and agreements, and also annual payments for work.

In addition to these area-based policies, there is a list of protected species. This encourages protection of their habitats and constrains development in the vicinity, as well as preventing capture, killing and/or export in specified cases. For example, the 1991 Badgers Act protects badgers' setts, requiring any disturbance to be authorised by a licence from English Nature. The schedules of the 1981 Wildlife and Countryside Act also detail the protection afforded to various plants, animals and birds. Many of these lists of protected species derive their inspiration from the Bern Convention, ratified by the UK government in 1982, which identifies over 500 wild plant species and over 1,000 wild animal species as worthy of conservation.

Although the threats to species and habitat biodiversity are numerous, many measures designed to combat such threats are being laid down and enforced in national and international law.