The Wildlife and Countryside Act 1981
The Act is split up into parts. Part 1 deals with the protection of animals and the functions of the Nature Conservancy Council.
The Nature Conservancy Council was a former government agency responsible for designating and managing national nature reserves. Following the Environmental Protection Act 1990 and the Natural Heritage (Scotland) Act 1991, the council was regionalized into English Nature, Scottish Natural Heritage and the Countryside Council for Wales. These three agencies are co-ordinated by the Joint Nature Conservation Committee whose website can be found at www.jncc.gov.uk.
Sections 1 to 8 of the Act deals with the protection of birds whilst sections 9 to 12 deal with the protection of other wild animals.
Sections 13 provides for the protection of wild plants and section 14 anticipates the appearance of the Surrey Puma, by making it an offence to release an animal not normally found in Great Britain into the wild.
Section 22 allows the Secretary of State (for the relevant government department) to add an animal or plant onto a protected list on a representation from the Nature Conservancy Council.
Part II of the Act deals with nature conservation, countryside and national parks.
Under sections 28 to 34, the Nature Conservancy Council can designate an area of special scientific interest (by reason of any of its flora, fauna, geological or physiographical features). Such an area is under special protection from any kind of development or activity.
Sections 35 to 37 deal with nature reserves and marine nature reserves.
Section 38 allows the Nature Conservancy Council to make loans or grants to persons who are maintaining a nature reserve, whilst section 39 allows a "relevant authority" to enter into a management agreement with the owner of land.
Sections 42 to 52 deal with National Parks.
Part III is about public rights of way. Section 53 onwards requires the "surveying authority" i.e. a county council to prepare a "definitive map and statement" setting out where the rights of way lie in their area.
Section 53(2) says that the surveying authority has to keep the map under "continuous review". In particular section 53(2)(b) says that the surveying authority may make by order such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of certain "events".
Section 53(3) defines the "events" and section 53(3)(c)(ii) says that one of those events is:-
"..that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description."
Section 53(5) says that any person may apply to the authority for an order under section 53(2). The provisions of Schedule 14 will apply to any such application.
Schedule 14 sets out the relevant procedure for making this kind of order. The application has to be made in a prescribed form, and accompanied by a map drawn to the prescribed scale together with copies of any documentary evidence (including statements) that the applicant wishes to adduce.
(Schedule 7 of The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 contains the relevant form of application together with other regulations as modification and reclassification orders)
The application has to be served on each owner of land over which the right of way goes.
The local authority then investigates the application and makes a decision. If they do not so within 12 months, then the Applicant can apply to the Secretary of State who will direct them to do so.
Paragraph 4 of the Schedule sets out the appeal process, if the authority decides not to make an order. The time limit is 28 days.
Schedule 15 sets out other matters to which the local authority must have regard. The application has to be properly publicized and notice given to appropriate persons, i.e. other local authorities or landowners.
Paragraph 6 says if the application is unopposed, the local authority can go ahead and make the order (if it so wishes). However under paragraph 7, if the application is opposed, then the local authority has to submit the order to the Secretary of State for confirmation.
Paragraph 8 says that the Secretary of State can then hold a local enquiry or a hearing whereby objectors can be heard.
Paragraph 12 then provides a procedure whereby the validity of any order made by the Secretary of State can be questioned.
Note – the government has now laid a new form of procedure before Parliament called the Rights of Way (Hearings and Inquiries Procedure) Rules 2007 which will come into force on the 1st October 2007.
Section 54(2) lists three types of public path:-
Section 57(5) states that the local authority shall keep a copy of the definitive map and statement for inspection free of charge.
Section 59 prohibits landowners from keeping bulls on land crossed by public rights of way.
Section 62 empowers the local authority to appoint wardens to advise and assist the public in respect of rights of way.
Section 66 contains definitions. A "byway open to all traffic" means "a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public for the purpose for which footpaths and bridleways are so used."
Part IV of the Act is a Miscellaneous and General Section.
Schedules 14 and 15 to the Act contain the procedure for making an application under Part III.
Councillor Malcolm Johnson – August 2007