2011 No. 2015

Wildlife, England And Wales

The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011

Made

Laid before Parliament

Laid before the National Assembly for Wales

Coming into force

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales—

a

have received a representation made to them by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the Natural Environment and Rural Communities Act 20061;

b

in accordance with section 26(4)(a) of the Wildlife and Countryside Act 19812, have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order;

c

are of the opinion that the animals and plants referred to in articles 2(2), (5), (6) and 3(2) of this Order are in danger of extinction in Great Britain or likely to become so endangered unless conservation measures are taken; and

d

are of the opinion that the animals and plants referred to in articles 2(3) and 3(3) of this Order are no longer so endangered or likely to become so endangered.

In exercise of the powers conferred on them by section 22(3) of the Wildlife and Countryside Act 19813, the Secretary of State and the Welsh Ministers make the following Order.

Citation, commencement and extent1

This Order—

a

may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011;

b

comes into force on 1st October 2011; and

c

extends to England and Wales only4.

Variation of Schedule 52

1

Schedule 5 to the Wildlife and Countryside Act 19815 (animals which are protected) is amended as follows.

2

Insert, at the appropriate place in each case, the animals listed in Schedule 1.

3

Omit the animals listed in Schedule 2.

4

In the entry relating to “Lagoon Worm, Tentacled”, in the first column, after “Tentacled” insert “(in respect of section 9(4)(a) only)”.

5

In the entry relating to “Shad, Twaite”, in the first column, for “section 9(4)(a)” substitute “section 9(1) and (4)(a)”.

6

In the entry relating to “Shark, Angel”, in the first column, for the words from “(in respect of” to “waters, only)” substitute “(in respect of section 9(1), (2) and (5) only)”.

7

In the entry relating to “Shrimp, Lagoon Sand”, in the first column, after “Sand” insert “(in respect of section 9(4)(a) only)”.

8

Omit Note 2.

Variation of Schedule 83

1

Schedule 8 to the Wildlife and Countryside Act 19816 (plants which are protected) is amended as follows.

2

Insert, at the appropriate place in each case, the plants listed in Schedule 3.

3

Omit the plants listed in Schedule 4.

Richard BenyonParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
John GriffithsMinister for Environment and Sustainable Development,one of the Welsh Ministers

SCHEDULE 1Animals Added to Schedule 5 to the Act

Article 2(2)

Common name

Scientific name

Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)7 only and with respect to England only)

Pelophylax lessonae

Moth, Talisker Burnet (in respect of section 9(5) only)

Zygaena lonicerae subspecies jocelynae

Moth, Slender Scotch Burnet (in respect of section 9(5) only)

Zygaena loti subspecies scotica

Skate, White (in respect of section 9(1), (2) and (5) only)

Rostroraja alba

SCHEDULE 2Animals Removed from Schedule 5 to the Act

Article 2(3)

Common name

Scientific name

Moth, Essex Emerald

Lagoon Snail

Thetidia smaragdaria

Paludinella littorina

SCHEDULE 3Plants Added to Schedule 8 to the Act

Article 3(2)

Common name

Scientific name

Rock Nail

Calicium corynellum

Tree Lungwort (in respect of section 13(2) only)

Lobaria pulmonaria

SCHEDULE 4Plants Removed from Schedule 8 to the Act

Article 3(3)

Common name

Scientific name

Helleborine, Young’s

Epipactis youngiana

Lecanactis, Churchyard

Lecanactis hemisphaerica

Moss, Dune Thread

Bryum mamillatum

Threadmoss, Long-leaved

Bryum neodamense

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which extends to England and Wales, varies Schedules 5 and 8 to the Wildlife and Countryside Act 1981. Schedule 5 lists animals protected under section 9 of that Act, and Schedule 8 lists plants protected under section 13 of that Act.

Article 2 amends Schedule 5 (animals which are protected) by—

a

adding four new animals and conferring limited protection on these animals;

b

extending the protection afforded to two animals, and decreasing the level of protection afforded to two animals; and

c

removing two existing entries from protection.

The amendment relating to “Shark, Angel” removes the exclusion from the protection afforded to the Angel Shark in respect of the excluded waters (the part of the territorial waters adjacent to England and Wales which is more than 6 nautical miles from the baselines from which the breadth of those waters are measured), and thus extends the protection afforded to the Angel Shark throughout the territorial waters adjacent to England and Wales.

Article 3 amends Schedule 8 (plants which are protected) by—

a

adding two new plant entries, conferring general protection on one plant type and limited protection on the other; and

b

removing four existing entries from protection.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from http://www.defra.gov.uk/corporate/consult/wildlife-act/100127-wildlife-act-condoc-ia.pdf.