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The promotion of biodiversity by action to assist species and habitats is underpinned by legislation to protect those which are most at risk of loss or decline. The UK’s Wildlife and Countryside Act and European legislation both tackle this. Government policy explains how the law will be interpreted; planning policy in PPG 9 Nature Conservation is particularly relevant to the minerals industries.

The Wildlife and Countryside Act 1981 not only made provision for the notification and protection of SSSIs, but also identified species of birds, animals and plants which are given varying degrees of legal protection within different Schedules (see Wildlife on Site, Cox, 1996). Every five years these Schedules are reviewed and any amendments or additions notified. The presence of a protected species is a ‘material consideration’ for local planning authorities considering a planning application which might, if development is allowed to proceed, result in harm to the species or its habitat. Additionally, the protected status of a species is one of four criteria used in the selection of species for preparation of a Species Action Plan within the UK BAP.

In 1992 the European Community Directive on the conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive) became European law. This was translated into UK law in 1994 as the Conservation of Natural Habitats &c. Regulations. These regulations provide for protection of habitats and species included in the Annexes of the Directive, and in particular for the designation of SACs for certain habitats and species. These SACs, together with SPAs designated under the EC Birds Directive, comprise a network of sites of European importance known as Natura 2000. Following designation of SACs, there is a requirement by the Directive to ensure both the restoration and maintenance of natural habitats and species of community interest at a favourable conservation status. There are strong constraints on activities which would damage Natura 2000 sites. Listing of habitats or species in Annex I or Annex II of the Habitats Directive is also a criterion used in the selection of Action Plans as part of the UK Biodiversity Strategy.

The legislation is backed by Government policy. Guidance on how the Government’s policies for nature conservation are to be reflected in land use planning are explained in Planning Policy Guidance note 9 Nature Conservation (PPG 9). This was issued by the DoE in 1994 following introduction of the Habitats Regulations. It includes reference to mineral matters, particularly with regard to minerals applications which are likely to affect SPAs, SACs and sites designated under the Ramsar Convention. In addition, mineral planning companies are advised to bear in mind opportunities for habitat creation and enhancement even where nature conservation is not the primary end use of a site.

PPG 9 reinforces the Habitats Directive requirement to encourage nature conservation outside designated sites by encouraging the management of features of the landscape which are of major importance for wild flora and fauna – for example, ponds, woods and hedges which may be important for migration and dispersal of species. This, too, is relevant to the minerals industries as landowners and managers. Opportunities for promoting nature conservation through PPG 9 and the planning system are outlined in Planning for Wildlife: a practical guide (Green Balance, 1997).

Some useful links

Minerals Planning Guidance Notes

Minerals Planning Guidance 7: reclamation of mineral workings

Restoration

Aftercare