5. CURRENT
PROTECTION AND
ASPECTS OF
ENFORCEMENT
5.1 Legislation
5.1.1 The Hedgerow Regulations 1997 are the
only existing regulations designed exclusively to protect an important
field boundary type for its wildlife, historic and landscape value.
The regulations, if implemented correctly, will probably only
protect about 20 per cent of the hedgerows of England and Wales.
English Nature has contributed to the recent review of these regulations
(August 1997 to February 1998). The review recommends changes
to the regulations to improve their effectiveness. On the ground
this means that English Nature wants to see more hedgerows protected
from clearance or destruction. Several recommendations by
the review group could not be implemented without review of
the primary legislation, e.g., the introduction of regulations
to protect Cornish hedges or slate fences in Wales, which has
English Nature's support.
5.1.2 Two problems with this legislative approach
are: the "threat" of impending regulations can result
in a spate of activity (in this case, hedgerow removal) prior
to their introduction; and, regulations are difficult to enforce
and require extensive and expensive administration and expertise
to implement. We need to encourage good will amongst farmers and
landowners and increase the understanding of the importance of
the conservation of wildlife, landscape and historic values of
the countryside.
5.1.3 Other legislation which protects some
of the wildlife importance of some types of field boundaries includes:
The Sites of Special Scientific Interest designation
under sections 28 and 29 of the Wildlife and Countryside Act (1981,
as amended). Hedgerows, stone walls, and ditches are often included
as parts of larger SSSIs, and are therefore subject to SSSI legislation,
which aims to maintain the wildlife interest of the site. Ditches,
in particular, often provide the key wildlife interest on grazing
marsh SSSIs (e.g., on the Essex coast or in Norfolk), and a number
of ditches are designated SSSIs on their merits alone, independently
of the surrounding land.
Tree Preservation Orders, which cover some
trees where they have public amenity value. TPOs cannot be used
to protect a tree where it is of wildlife value only. English
Nature recommends that the TPO system is extended to include protection
for trees which have great wildlife value, but are not necessarily
"amenity" trees.
Wildlife and Countryside Act (1981, as amended)
has provision to protect rare and endangered species and their
habitats or breeding sties—some of which may be field boundary
sites. Bats and badgers are protected under their own legislation
and are often found in field boundary locations.
Under the Food and Environment Protection Act
1985, it is illegal to spray pesticides into hedge bases, unless
there is a specific label recommendation.
The European Union Habitats Directive requires
member states to maintain and restore listed habitats and species
to favourable conservation status. Article 10 of the directive
states that land-use planning and development policies should
endeavour to improve the ecological coherence of the Natura 2000
network by encouraging improved management of linear and continuous
features in the landscape which are of major importance to wild
fauna and flora, including traditional systems for marking field
boundaries. Planning Policy Guidance 9 provides guidance on
the implementation of this Article, and English Nature strongly
recommends and supports its implementation for the improvement
of field boundary protection and management. Incentives covered
in 5.2 can play a major role in this implementation.
5.2 Incentives
The major incentive schemes for field boundaries
are the Countryside Stewardship Scheme,[5]
and the Environmentally Sensitive Areas,[6]
Countryside Stewardship provides financial assistance to undertake
work to restore and create field boundary habitats. The scheme
encourages a whole-farm approach to the environment which is welcomed
by English Nature. This scheme is becoming increasingly effective
in focusing on agreed priorities. English Nature sees these schemes
as tools for the implementation of the Biodiversity Action Plan
targets for habitats and species. Further research on the criteria
for such targeting is necessary and is one of the objectives of
English Nature's Habitat Restoration Project.
5.3 Cross compliance/conditions
Under the European Commission's Agenda 2000
draft regulations for CAP reform, so called "common rules"
are proposed for the compulsory application of cross-compliance
across all commodity regimes. English Nature recommends
that as a minimum, the UK endorses and adopts as a mandatory
requirement the retention of all field boundaries of value to
wildlife and the environment.
5.4 Education and training
Advisors working in the field talking to farmers
and landowners about habitat management and creation, and encouraging
them to enter the various grant schemes has proved an effective
way of promoting nature conservation and more environmentally-friendly
practices on farms. For example English Nature's Habitat Restoration
Project officers are having considerable success with facilitating
improved habitat management in selected trial areas. Advisors
working within the ESAs and for organisations like FWAG (Farming
and Wildlife Advisory Group) are having similar successes. But
advisors are spread too thinly, and more are needed.
5.5 Funding maintenance, restoration and creation
An indication of the likely cost of maintaining,
restoring and creating these valuable wildlife habitats is produced
in The UK Habitat Action Plans. For Ancient and Species Rich Hedgerows,
£4.2 million per annum is estimated to be required from the
public sector by 2000. This will deliver some 12,000 kilometres
of favourably managed hedgerows. For Cereal Field Margins £1.1
million per annum will be required to maintain and enhance 15,000
hectares. Similar costings have been produced for plans covering
the species in Annex 1 of this paper. In the long term, as resources
are released from the CAP, we would expect significant additional
resources to be redirected to help maintain and restore field
boundaries.
5.6 English Nature believes that a combination
of measures will be necessary to achieve effective protection
of field boundaries including legislation, cross compliance and
positive incentive payments, backed up by good training and advisory
services to land managers.
Key References
ANON. 1995. Biodiversity: the UK steering
group report. Volume 2: Action Plans. HMSO, London.
DAWSON, D 1994. Are habitat corridors conduits
for animals and plants in a fragmented landscape?: a review of
the scientific evidence. English Nature Research Report No. 94.
English Nature, Peterborough.
ENGLISH NATURE. (1997). Natural Area Profiles
English Nature, Peterborough.
ENGLISH NATURE. (In press). Natural Areas
CD ROM (including Natural Area Profiles, Biodiversity Action Plan
Targets, Sites of Special Scientific Interest etc.)
ENGLISH NATURE. 1993. The conservation management
of arable field margins. English Nature Science No. 18. English
Nature, Peterborough.
KIRBY, K J 1995. Rebuilding the English countryside:
habitat fragmentation and wildlife corridors as issues in practical
conservation. English Nature Science No. 10. English Nature,
Peterborough.
ROYAL SOCIETY FOR THE PROTECTION OF BIRDS, ENGLISH
NATURE and THE INSTITUTE OF TERRESTRIAL ECOLOGY. 1997. The
Wet Grassland Guide: Managing floodplain and coastal wet grassland
for wildlife. Sandy.
3 
