NIEA’s Roles and Challenges Delivering Habitat Protection in Northern Ireland

Diane Stevenson15th October 2012

• Context of NIEAs Regulatory Authority

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• EU Commission – DG Environment

• DEFRA – UK lead

• DOE

• NIEA

• Context of NIEAs Regulatory Authority

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• EU Commission – DG Environment

• DEFRA – UK lead

• DOE & NIEA

• Directives and Regulations

• Act of Parliament and Domestic Regulations lead

• Orders in Council and Devolved Regulation

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NIEA organisational chart

NIEAChief Executive

Strategy UnitEnvironmental

Crime Unit

Environmental Protection Directorate

Built Heritage Directorate

Natural Heritage

Directorate

• Regulatory Functions of NIEA

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• Protecting the water environment

• Regulating large industry

• Regulating waste

• Protecting nature and the countryside

• Protecting the historic environment

• Implementing Legislation – Natural Heritage, NIEA

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• Declaring, protecting and managing sites of international and national importance to achieve “favourable conservation status”

• Protecting Wildlife• Licensing Zoos• Administrating Dangerous Wild Animals Order

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• The Environment (Northern Ireland) The Environment (Northern Ireland)

Order 2002Order 2002

• The Habitats Directive 1992The Habitats Directive 1992

• The Birds Directive 1979The Birds Directive 1979

• Declaration, Protection and Management Declaration, Protection and Management are legal requirements as set out in :are legal requirements as set out in :

• Declaring Declaring

• NIEA declare the areas of highest NIEA declare the areas of highest

nature conservation value :nature conservation value :

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• Nationally as Areas of Special Scientific Interest Nationally as Areas of Special Scientific Interest

(ASSI)(ASSI)

• Internationally as Special Areas of Conservation Internationally as Special Areas of Conservation

(SAC) and Special Protection Areas (SPA)(SAC) and Special Protection Areas (SPA)

Declaring – three main feature types:

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Habitats Species Earth science

NI Areas Designated for Conservation

• Designated Site Process –

Designation – currently at c.345 sites

• At declaration the following information is developed:

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• Citation

• Map of site

• Views About Management (VAMs)

• A special place leaflet

• Conservation objectives

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1.EU level – SAC & SPA → N2K – Birds Directive– Habitats Directive

• Article 6.1 – General measures• Article 6.2 – duty to avoid deterioration• Article 6.3 & 6.4 – Habitats Regulations

Assessment - HRAs

• Protecting site features – occurs at two levels

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SITE PROTECTION

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Article 6.1 -  The text

‘For special areas of conservation, Member Statesshall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans, and appropriate statutory, administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites.’

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Article 6.2 -  The text

‘Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbances of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this directive.’

• EU level – SAC & SPA → N2K – Any plan or project not directly connected

with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives.

Article 6(3) Habitats Directive

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• Protecting site features – occurs at two levels

SITE PROTECTION

2. National level – ASSIs – Environment (NI) Order 2002 – Part 4

• General inc. declaration• Duties of land owners and occupiers• Duties of public bodies• Powers of Department• Offences• Supplementary

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• Protecting site features – occurs at two levels

SITE PROTECTION

• Permissions (consents/assents, HRAs and licensing) normally statutory measures in place to protect damaging operations from occurring.

• Compliance and enforcement – Environment Order compliance and Cross compliance – NIEA enforcement Policy Jan 2011

Protection mechanisms

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Managing Designated SitesManaging Designated Sites

• Increasing focus on site management Increasing focus on site management to achieve Favourable Condition to achieve Favourable Condition

• NIEA utilizes Management Of Sensitive NIEA utilizes Management Of Sensitive Sites (MOSS) and NH grant aid Sites (MOSS) and NH grant aid

• Work closely with DARD on application Work closely with DARD on application of Northern Ireland Countryside of Northern Ireland Countryside Management Scheme (NICMS)Management Scheme (NICMS)

• Further engagement with key Further engagement with key stakeholders stakeholders

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• Designated Site Management - DSM– Declaring and subsequently protecting sites

alone is not enough to achieve favourable conservation status of the features.

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–Most of the habitats are semi-natural and most of them need to be managed extensively

• Designated Site Management - DSM– First 6 year monitoring cycle completed 2002-

2008 – overall, two thirds in favourable condition

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• Earth science features nearly all in FC

• Over three-quarters of species in FC

• But only 44% of habitats in FC

• Designated Site Management - DSM– Managing – 4 stage process

1. Each site supports a range of site selection features

2. Condition assessment will determine the “health” of the habitat (every six years)

3. Where the site selection feature is in adverse condition, a reason will be identified

4. A remedy to that adverse reason will be proposed which will ensure that appropriate management is in place to achieve favourable condition (either unfavourable recovering or maintaining favourable condition).

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Challenges

• Scientific Evidence and Monitoring • Inter-departmental engagement & co-operation• Compliance & enforcement • Communicating the message to key

stakeholders• Judicial response• Innovative approaches

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Scientific Evidence and Monitoring

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• Monitoring – Site Integrity Monitoring (SIM), Cross compliance monitoring (planned inspections) & Condition assessment monitoring (examining the “health” of the site against a set of predetermined targets).

• To detect damaging activity and prevent further escalation ASSI land is formally monitored and routinely monitored by NIEA officers in pursuit of their duties.

• Formal monitoring generally takes the form of initial aerial surveillance when areas of suspected damage are noted and subsequently ground-truthed to confirm that:

– Damage has occurred;

– The damage is within the ASSI land;

– If the damage is ongoing; and

– To get detailed accurate information to assist with determining further investigation/action.

Designated Site Monitoring

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Inter Departmental Engagement and Cooperation

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• Delivery of shared responsibilities

• What if Departments fail to comply

• Sharing information and data re “cases”

• Integrating efforts- Cross Compliance.

Enforcement ActionNH have many tools to resolve damage to designated sites which

range from issuing information letters, on site discussions with the landowner and agreement where required to have the site restored.

Formal enforcement action through the courts is used when all other means to restore the damage have failed or in cases of significant damage which cannot be restored.

Protection of designated lands through positive management with the landowner is the most effective tool for protecting designated lands in private ownership.

Compliance and Enforcement

Some Examples…

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Landowner Damage Before Restoration

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Landowner Damage After Restoration

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Damage - Burning

An example of burning by unknowns - this will naturally regenerate

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Damage Fly Tipping

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Damage Peat CuttingExample of peat cutting by 3rd party unknowns

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Joint action with local council to remove the material and erect a fence.

Prevention of Fly Tipping

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Compliance v Prosecution

Prosecution =

FineRestoration

Cost

Resource usage

Other implications

Future working

Compliance =

RestorationPartnership workingBetter relationsLower cost Resource effectiveLocal impactIn line with DSM Policy

Decision is based on experience and knowledge in a balanced approach

Communication

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• Land Owner – specific issues

• Stakeholder engagement

• DSM Policy Development

• NIE Enforcement Policy• Regulatory Roles and

Better Regulations

Judicial Response

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• The impact of Court Cases on the functional delivery of NIEA

Innovative Delivery

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• DSM Policy Development

• Planning issues.• Applying Legislation –

Environmental Liability Directive.

• NIEA Chief Executive

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ELD – NIEA Response

• Working Group established

• Environmental Crime leading

• Pilot cases to test legislation

‘Polluter Pays’• The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland)

2009 (the Regulations) transposed the provisions of the EC Environmental Liability Directive

(2004/35/EC) with regard to the prevention and remedying of environmental damage.

• The Regulations impose obligations on operators of economic activities to prevent, limit or

remediate environmental damage. This covers species and habitats protected by the Birds

and Habitats Directives.

• Provision is made in Part 3 of the Regulations for a situation where the Department (NIEA

effectively) becomes aware that environmental damage has occurred. Under Regulation 15

NIEA may determine that there is a liability for an operator to remediate the site in question.

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Draft Planning Policy Statement 2: Natural Heritage

• Updated policy and guidance on the Habitats Regulations

• Updated policy on European Protected Species to comply

with recent case law decisions*

• New policy on EU priority habitats and NI priority habitats

and species to ensure compliance with ELD and WANE act

• New policy on ecological networks to ensure compliance

with article 10 of Habitats Directive

• New policy on wetlands to comply with WFD

* [1] R(Morge) v Hampshire County Council [2011] UKSC 2

[2] Woolley v Cheshire County Council [2009]

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