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

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

Context of NIEAs Regulatory Authority 3 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

4 NIEA organisational chart NIEA Chief Executive Strategy Unit Natural Heritage Directorate Built Heritage Directorate Environmental Crime Unit Environmental Protection Directorate

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

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

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

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

Declaring – three main feature types: 9 Habitats SpeciesEarth science

NI Areas Designated for Conservation

Designated Site Process – Designation – currently at c.345 sites At declaration the following information is developed: 11 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 13 SITE PROTECTION

14 Article 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.’

15 Article 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 16 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 17 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 18

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

Designated Site Management - DSM –Declaring and subsequently protecting sites alone is not enough to achieve favourable conservation status of the features. 20 –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 – overall, two thirds in favourable condition 21 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). 22

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

Scientific Evidence and Monitoring 24 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 25

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

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. Compliance and Enforcement Some Examples… 27

Landowner Damage Before Restoration 28

Landowner Damage After Restoration 29

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

Damage Fly Tipping 31

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

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

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

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

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

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

38 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. 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]

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