Review on Wildlife Law

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