Wildlife and Conservation Review of 2000
categories, that is unless the Secretary of State implements discretionary provisions to include
coastlands in the access category.
It is the improvements to the protection afforded to Sites of Special Scientific Interest (SSSIs)
that arc most significant, closing many of the loopholes and deficiencies of past legislation. For
example, English Nature now has the power to refuse to give consents for damaging activities without
incurring compensation payments, and management orders can be made to combat neglect or
mismanagement of an SSSI. If damage does occur, there are new powers to enforce restoration. All
public bodies have been given a duty of eare, to further the conservation and enhancement of SSSIs
for which they are responsible; English Nature itself is not exempt from this - it must ensure that
95% of all SSSIs are in 'favourable condition' by 2010. And the protection afforded to SSSIs now
applies to everyone, not just to owners and managers of the land: the Act introduced a general
offence of damaging an SSSI. On top of all this, there is also strengthening of species protection,
introducing the offence of 'reckless damage1 rather than as previously 'intentional damage' (in
Court it is far easier to argue recklessness than intent), and penalties are significantly increased,
including in some cases custodial sentences.
Enforcement is not everything. Indeed, it is rightly seen as the last resort - it is far more effective to
work positively with landowners, managers and the general public to secure conservation gains. But
it is reassuring to know that the sterling efforts of the conservation agencies can now be backed up
by real teeth - the future of our wildlife will be the rosier for it.
Essex Naturalist (New Series) 18 (2001)
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