The Law Commission’s recently published report on the reform of wildlife legislation recommends a single statute to replace existing legislation. Less dependency on criminal law is proposed with the use of guidance and civil sanctions e.g bans or fines. However, more serious wildlife crimes will be extended from a six month prison sentence to two years.
The Law Commission published their final report on the reform of wildlife law and a new draft bill on 10th November 2015, following a project spanning four years consisting of a consultation period and review of the existing wildlife legislation. The report recommends the introduction of a single statute to replace the mix of existing legislation. The aim is to simplify and increase consistency of the law on management, protection and control of wildlife. The new statute provides a regulatory framework for schedules of protected and controlled species and will reflect relevant national, EU and international legislation and agreements. This statute will essentially replace legislation such as the Protection of Badgers Act 1992 and the Weeds Act 1959; or parts of acts such as Conservation of Habitats and Species Regulations 2010 and the Wildlife and Countryside Act 1981. See the Law Commission’s report for the full list by clicking here. The existing level of protection for wild animals, plants and birds remains unchanged. This was considered outside the scope of the project, unless changes were required to ensure compliance with EU law and/or international treaties. The existing five yearly review of protected species lists is to be extended to all relevant lists. Ministers will be required to publish their reasons for changes that do not follow expert advice. Less dependency on criminal law is proposed with the use of guidance and civil sanctions e.g. bans or fines. However, the penalty for more serious wildlife crimes will be extended from a six month prison sentence to two years.
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