Law Commission consults on reforming "out of date" wildlife law

The Law Commission has launched a consultation on proposals to reform wildlife law, claiming that the current legal landscape is “out of date, confused and often contradictory”.

The move would see the existing framework – comprising a collection of Acts dating back to 1831 – replaced by a single statute.

The government’s law reform body said: “The new regime would reduce the current dependency on criminal law, by allowing an appropriate mix of regulatory measures such as guidance, advice and a varied and flexible system of civil sanctions – such as fines and bans.”

The Law Commission pointed out that the original purpose of much of wildlife law was to govern activities such as hunting and fishing, including poaching.

The law has now expanded to conserving certain species, ensuring the welfare of wildlife and protecting local biodiversity from invasive species.

The Law Commission highlighted how the law on the hunting, management and welfare of pheasants was governed by four separate statutes.

It added: “Much of the older legislation is out of step with modern requirements, and the principal modern Act – the Wildlife and Countryside Act 1981 – has been amended to such a degree that it is difficult for any non-specialists to use.”

The Law Commission proposals cover: general provisions; invasive non-native species; sanctions and compliance; and appeals.

In addition to a single statute, which it said would bring increased consistency, the Law Commission proposed the introduction of statutory factors that could play a role in ensuring transparency in decision-making and thereby improving the engagement of those representing competing interests.

The Law Commission said the following factors could be appropriate:

• Conservation of the species about which the decision is concerned;
• Preservation and conservation of biodiversity;
• The economic implications;
• Wider social factors; and
• The welfare of those animals potentially affected by the decision.

The consultation paper also suggested that the regulation of individual species should continue to be organised on a species by species basis.

It added that it favoured the use of the full range of regulatory techniques, “such as permissive provisions, class licences and general licences”.