Law Commission Wildife Law Review Update
Richard Graves Associates has submitted a response to the consultation and has also contributed to the response of the Institute of Ecology and Environmental Management. The proposals call for the simplification of wildlife (and some game) legislation into a single act, with the Wild Mammals Protection Act 1996, being incorporated into the Animal Welfare Act 2008. Other key provisions including the use of the term ‘reckless’ commonly understood in British law to transpose the word deliberate used in the habitats directive. This term was used in the Wildlife And Countryside Act 1981, as amended by the Countryside and Rights of Way Act 2000, but is not included in the Conservation of Habitats and Species Regulations 2010. A potential appeal process for wildlife licences is also considered, as is vicarious liability. To us the proposals seem sensible and balanced and the review hasn’t found evidence in current legislation that there is much, if any ‘gold plating’ of the requirements of the European Birds and Habitats directives. By being involved in these consultations and keeping up to date with any changes in legislation and its implementation we are well placed to ensure our clients also get the best and most up to date advice.