Wildlife Law 2015 Wildfowling Conference The Law Commission Established in 1965 to review the law with a view to its simplification and modernisation Chaired by a senior judge, four Commissioners Staffed by government lawyers The wildlife project Proposed by Defra Started in July 2011 Consultation: August to November 2012 Interim Report (October 2013) Final Report on Invasive Non-native Species Control (February 2014) Final Report and Bill (May 2015) A simplified structure for wildlife law Scope of the draft Wildlife Bill Licensing: substantive and procedural reform A general power to introduce close seasons Inconsistent provisions Wild Birds Defining “wild birds” in line with article 1 of the Wild Birds Directive Removing outdate provision in connection with the protection of game birds and other huntable birds: Article 7 of the Wild Birds Directive and the domestic regulation of hunting; Simplification of the legislation on poaching. Compliance with EU legislation Prohibiting “deliberate” conduct Ensuring that domestic defences to otherwise prohibited conduct comply with the Habitats and Wild Birds Directives’ derogation conditions Wild Birds: possession and trade Possession of wild birds: burden of proof for birds ringed or tagged in accordance with regulations Trade in wild and captive bred birds: compliance with EU law Simplifying the domestic regulation of the trade in wild and captive bred birds Enforcement and sanctions Increasing criminal sanctions for wildlife crime Introducing a civil sanctions regime in line with the Regulatory Enforcement and Sanctions Act 2008 Extending liability for employers and principals Appeals: challenging wildlife licences “Invasive non-native” species and pests General scope of the reform of invasive non-native species legislation Species control orders A power to impose notification requirements Simplification and rationalisation of existing powers and prohibitions connected to the control and management of INNS Simplification and rationalisation of enforcement powers connected with the control of agricultural pests and weeds Next steps Publication of the report Official response from Defra Implementation Devolution Thank you wildlife@lawcommission.gsi.gov.uk
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