Thursday, November 12, 2015

English Law Commission Report on Protection of Wildlife

The English Law Commission has published a report on wildlife law that seeks to simplify the legal framework for wildlife management in England and Wales:

"(...) we recommend that the patchwork of existing legislation be replaced by a single statute. The new statute brings together the law governing the protection, control and management of wildlife to make it more consistent, easier to understand and simpler to use. Reflecting relevant EU directives and international conventions as well as national wildlife policy, the statute provides a regulatory framework organised around schedules listing protected and controlled species and prohibited conduct."

"Existing protections for wild animals, birds and plants are maintained but a statutory procedure for amending the schedules is introduced, allowing for more strategic management of species. The existing requirement for protected species lists to be reviewed every five years is extended to include all relevant lists. Ministers retain the power to make changes between reviews, but they will be required to publish their reasons if they do not follow expert advice."

"We recommend a reduction in the current dependency on criminal law by allowing an appropriate mix of regulatory measures such as guidance, advice and a varied and flexible system of civil sanctions such as fines and bans. But the penalty for the most serious wildlife crimes will be extended from six months to two years in prison."

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posted by Michel-Adrien at 6:06 pm

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