NIEA's Habitat Protection in Northern Ireland: Roles and Challenges

1. NIEA’s Roles and Challenges Delivering Habitat Protection in Northern Ireland Diane Stevenson 15th October 2012

2. Context of NIEAs Regulatory Authority • EU Commission – DG Environment • DEFRA – UK lead • DOE • NIEA 2

3. Context of NIEAs Regulatory Authority • 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 3

4. NIEA organisational chart 4

5. Regulatory Functions of NIEA • Protecting the water environment • Regulating large industry • Regulating waste • Protecting nature and the countryside • Protecting the historic environment 5

6. Implementing Legislation – Natural Heritage, NIEA • Declaring, protecting and managing sites of international and national importance to achieve “favourable conservation status” • Protecting Wildlife • Licensing Zoos • Administrating Dangerous Wild Animals Order 6

7. Declaration, Protection and Management are legal requirements as set out in : • The Environment (Northern Ireland) Order 2002 • The Habitats Directive 1992 • The Birds Directive 1979 7

8. Declaring • NIEA declare the areas of highest nature conservation value : • Nationally as Areas of Special Scientific Interest (ASSI) • Internationally as Special Areas of Conservation (SAC) and Special Protection Areas (SPA) 8

9. Declaring – three main feature types: • Species • Earth science • Habitats 9

10. NI Areas Designated for Conservation

11. Designated Site Process – • Designation – currently at c.345 sites • At declaration the following information is developed: • Citation • Map of site • Views About Management (VAMs) • A special place leaflet • Conservation objectives 11

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13. SITE PROTECTION • Protecting site features – occurs at two levels • 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 13

14. Article 6.1 -  The text ‘For special areas of conservation, Member States shall 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.’ 14

15. 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.’ 15

16. SITE PROTECTION • Protecting site features – occurs at two levels • 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 16

17. SITE PROTECTION • Protecting site features – occurs at two levels • 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 17

18. Protection mechanisms • 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 18

19. Managing Designated Sites • Increasing focus on site management to achieve Favourable Condition • NIEA utilizes Management Of Sensitive Sites (MOSS) and NH grant aid • Work closely with DARD on application of Northern Ireland Countryside Management Scheme (NICMS) • Further engagement with key stakeholders 19

20. Designated Site Management - DSM • Declaring and subsequently protecting sites alone is not enough to achieve favourable conservation status of the features. • Most of the habitats are semi-natural and most of them need to be managed extensively 20

21. Designated Site Management - DSM • First 6 year monitoring cycle completed 2002-2008 – overall, two thirds in favourable condition • Earth science features nearly all in FC • Over three-quarters of species in FC • But only 44% of habitats in FC 21

22. Designated Site Management - DSM • Managing – 4 stage process • Each site supports a range of site selection features • Condition assessment will determine the “health” of the habitat (every six years) • Where the site selection feature is in adverse condition, a reason will be identified • 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). 22

23. Challenges • Scientific Evidence and Monitoring • Inter-departmental engagement & co-operation • Compliance & enforcement • Communicating the message to key stakeholders • Judicial response • Innovative approaches 23

24. Scientific Evidence and Monitoring • 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). 24

25. Designated Site Monitoring • 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. 25

26. Inter Departmental Engagement and Cooperation • Delivery of shared responsibilities • What if Departments fail to comply • Sharing information and data re “cases” • Integrating efforts- Cross Compliance. 26

27. Compliance and Enforcement Enforcement Action NH 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. Some Examples… 27

28. Landowner Damage Before Restoration 28

29. Landowner Damage After Restoration 29

30. Damage - Burning An example of burning by unknowns - this will naturally regenerate 30

31. Damage Fly Tipping 31

32. Damage Peat Cutting Example of peat cutting by 3rd party unknowns 32

33. Prevention of Fly Tipping Joint action with local council to remove the material and erect a fence. 33

34. Compliance v Prosecution Prosecution = Fine Restoration Cost Resource usage Other implications Future working Compliance = Restoration Partnership working Better relations Lower cost Resource effective Local impact In line with DSM Policy Decision is based on experience and knowledge in a balanced approach

35. Communication • Land Owner – specific issues • Stakeholder engagement • DSM Policy Development • NIE Enforcement Policy • Regulatory Roles and Better Regulations 35

36. Judicial Response • The impact of Court Cases on the functional delivery of NIEA 36

37. Innovative Delivery • DSM Policy Development • Planning issues. • Applying Legislation –Environmental Liability Directive. • NIEA Chief Executive 37

38. ELD – NIEA Response • Working Group established • Environmental Crime leading • Pilot cases to test legislation 38

39. ‘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. 39

40. 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] 40

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