INSTITUTE of ECOLOGY and ENVIRONMENTAL MANAGEMENT
More Protection for Wildlife
The Institute of Ecology and Environmental Management (IEEM) welcomes the fact that the Environmental Damage Regulations for England will, due in part to the efforts of IEEM, include Sites of Special Scientific Interest (SSSIs).
The Environmental Damage (Prevention and Remediation) Regulations 2009 transpose Directive 2004/35/EC, otherwise known as the Environmental Liability Directive (ELD), into English law. The regulations will come into force on 1 March 2009. SSSIs were initially not to be covered by the regulations but are now included.
The ELD establishes a framework based on the ‘polluter pays’ principle, meaning that the polluter must pay to restore environmental damage done.
The ELD defines environmental damage as damage to protected species and habitats, damage to water, and damage to soil. The liable party, the operator, who carries out certain dangerous activities as listed in Annex III of the Directive, is strictly liable for the environmental damage caused, though there are certain exceptions and defences.
In England, the ELD applies to habitats and species protected by EC law (e.g. Special Areas of Conservation and Special Protection Areas) and to species or habitat on a SSSI, damage to water resources, and land contamination that presents a threat to human health.
SSSIs are the basis of site-based nature conservation in Britain. England has over 4,000 SSSIs, which cover about 7% of the country’s land area. They are the country’s best sites for wildlife, including some spectacular and beautiful habitats. These sites are under increasing pressure from development, pollution and climate change and must be preserved for their current importance in wildlife conservation but also for their contributions to ecosystem services and their value for future generations.A whole suite of legislation underpins protection of wildlife in England and the UK. Implementation of this Directive is a further welcome defence at a time when biodiversity conservation has never been more important.