DEPARTMENT OF THE ENVIRONMENT
Conservation of Wildlife (Jersey) Law 2000
Purpose of the Report
Introduction and Background Summary
There is a requirement to repeal and substitute the Conservation of Wildlife (Jersey) Law 2000 with legislation that meets current international standards and that maintains good governance consistent with international responsibilities to protect wildlife (in the island context).
The current legislation is out of date and requires substantial amendments to achieve modern outcomes and to enable international responsibilities to be met. Based on advice obtained from the Law Officers’ Department the proposal is to repeal and replace the existing law. New provisions will include the variation of Schedules to reflect different levels of protection for species and the strengthening of enforcement provisions to provide stronger protection and effective regulation of activities affecting protected species. The new legislation will also require the repeal of out of date legislation (Animals (Trapping) (Jersey) Law 1961).
Background Detail
The Conservation of Wildlife (Jersey) Law 2000 (as amended) (‘Wildlife Law’) is the primary legislation in Jersey protecting wildlife for nature conservation purposes. It is a critical component in transposing into domestic law the island’s international obligations under a number of multi-lateral environmental agreements (MEAs), notably:
- The Convention on Biological Diversity (The Rio Convention) (CBD)
- The Convention on the Conservation of European Wildlife and Natural Habitats (The Bern Convention)
- The Convention on the Conservation of Migratory Species of Wild Animals (The Bonn Convention) (CMS) and associated Protocols and Agreements that have been extended to Jersey.
Some of the responsibilities arising under these MEAs are broad and wide-reaching (eg. general obligations to conserve and enhance biodiversity), whilst others require species-specific measures concerning rare or threatened species that are listed in Appendices to each Convention. Jersey has a number of wild animals, birds and plants that are of European/international concern.
Since its entry into force sixteen years ago the Wildlife Law has not been reviewed or revised substantially.
In recent years the Department of the Environment (DoE) has seen an increased application of the Law in dealing with offences and in ensuring species protection through the development control process. This application has highlighted a number of problems including;
- Lack of clarity over interpretations in the law;
- Gaps in coverage;
- Ineffective transposition of MEA obligations for certain species of European conservation concern;
- New words / phrases in current use in other jurisdictions’, up to date legislation;
- Lack of flexibility to apply different levels of protection to individual species or groups of species in line with their local/international conservation status; and
- Outdated licensing provisions that prevent effective regulation and enforcement of activities affecting protected species.
In the 16 years since the Wildlife Law was implemented, international legislation and policy for the conservation of wildlife and habitats has been further developed and strengthened. MEA member countries (including UK) have agreed new targets to conserve wildlife and habitats, for example the undertaking made at the latest CBD Conference to review national strategies for wildlife conservation.
At local level since 2011 developments in policy have included the adoption of the Jersey Island Plan in 2011 and the launch of a Coastal National Park endorsed by the Island Plan. New Strategies under development include a revised Rural Economy Strategy and Countryside Access Strategy for the Island. These Strategies will provide a basis for strengthened wildlife protection provided that they can be supported and enforced through effective wildlife legislation.
Review of the Wildlife Law
An extensive review of the Wildlife Law was commenced in 2011 in order to identify the required amendments. This review has included a gap analysis with legislation in other jurisdictions, MEA obligations and consultation with key external stakeholders. Parallel to this process, a targeted review of the framework for listing protected species in the Schedules to the Law was made through an extensive consultation process. A separate Report and recommendations arising out of the latter review[1] form the basis of a number of the required amendments to the Wildlife Law outlined in these instructions.
The present law drafting instructions are the outcome of this review and have been examined and approved by the Law Officers’ Department.
Provisions of the New Law
In general terms, the new legislation is required to achieve the following:
- Ensure a clear and effective transposition of Jersey’s MEA obligations within an island context, providing the legal framework for implementing local policy objectives for conserving biodiversity
- Provide a regulatory framework that allows for more effective administration, control and enforcement of activities affecting protected species where conservation allows
- Meet modern standards/best practice for the conservation of biodiversity, with the flexibility to respond to further developments such as conservation status, changing MEA priorities.
- Provide a legislative framework for the implementation of a hierarchy of protection for species/groups of species, with flexibility to add/amend/remove Schedules.
The detailed amendments required are given in the accompanying law drafting instructions.
Repeal of the (Animals (Trapping) (Jersey) Law 1961) as amended
Law drafting instructions have been prepared requiring the repeal of the Animals (Trapping) (Jersey) Law 1961 and the incorporation of certain provisions within the amendments to the Wildlife Law. A separate Ministerial Decision to this effect (ref:MD-PE-2015-0036) with Written Report and law drafting instructions, has been submitted for approval by the Minister.
Recommendation
The Minister is recommended to instruct the Director of the Environment to provide law drafting instructions for amendments to the Conservation of Wildlife (Jersey) Law 2000.
Written by: | Principal Ecologist and Assistant Director of the Environment |
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Approved by: | Director of the Environment |
[File Ref]
Ministerial Decision ref: MD-PE-2018
NE-R-Written Report CWL amendments 21.3.18
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