Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2012-08-14

Total Pages: 194

ISBN-13: 9780118405348

Current law regulating wildlife is spread over a collection of Acts dating back to 1831. The original purpose of much of the law was to govern activities such as hunting and fishing, including poaching. Over the years it has expanded to conserve certain species, ensure the welfare of wildlife and protect local biodiversity from invasive species. The result is a legal landscape that is out of date, confused and often contradictory. Much of the older legislation is out of step with modern requirements, and the principal modern Act - the Wildlife and Countryside Act 1981 - has been amended to such a degree that it is difficult for any non-specialists to use. The Commission's proposals in this consultation aim to simplify the existing complex framework, introducing a single statute which covers the species-specific law on the conservation, protection and exploitation of wildlife. The new regime would reduce 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. The Commission also suggests that the introduction of statutory factors could play a role in ensuring transparent decision-making and improve the engagement of those representing competing interests. Factors would include: (1) conservation of the species about which the decision is concerned; (2) preservation and conservation of biodiversity; (3) economic implications; (4) wider social factors; and (5) the welfare of those animals potentially affected by the decision