Restoration Hub > Environmental Toolkit > Protected Species European and National Legislation
The European and the National Legislation of England and Wales relevant to nature conservation are as follows:
The Wildlife and Countryside Act 1981 (as amended) is the principal legislation affording protection to UK wild birds. Under this legislation all birds, their nests and eggs are protected by law and it is an offence, with certain exceptions to recklessly or intentionally:
Species listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended) are specially protected at all times.
The Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) and Council Directive 79/409/EEC on the conservation of wild birds (Birds Directive) in Great Britain have now been replaced by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (codified version).
In addition to statutory protection, some bird species are classified according to their conservation status, such as their inclusion on the Red and Amber lists of Birds of Conservation Concern (BoCC) in the UK:
The Conservation (Natural Habitats, & c.) Regulations 1994 developed the Habitats Directive into national law. The regulations came into force on 30 October 1994 and have been subsequently amended several times. They apply to land and to territorial waters out to 12 nautical miles from the coast.
The Conservation of Habitats and Species Regulations 2012 consolidate all the various amendments made to the 1994 Regulations in respect of England and Wales. Relevant species which receive protection under this legislation include great crested newts, dormice and all species of bat. Protection extends to the habitat used by such species as well as the species themselves.
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