by Andrew Gouldstone, RSPB Ecologist and former Senior Site Manager, Rainham Marshes
The RSPB’s Rainham Marshes Nature Reserve is an important site for wildlife, sitting alongside the River Thames in east London, and inside the orbital M25. It rests in a very urban and industrial landscape, surrounded by housing, industry, transport corridors and a large waste landfill and recycling site.
The reserve itself is important for breeding Lapwings and Redshanks, wintering waterfowl, a host of dragonflies and damselflies, water voles and some scarce bumblebees. It’s a really important place for people too, well used by the local community, popular with local birders, and an important site for environmental education.
The adjacent Rainham landfill and waste recycling facility is a noticeable part of the local skyline. The landfill has created a sizeable hill, the highest piece of ground for some distance. The eastern end of this hill, closest to the reserve, has been capped and grassland has been allowed to develop. This grassland has over the years become important for several notable and Red- Listed breeding bird species, including Corn Bunting, Skylark and Linnet. It is probably one of the few sites, if not the only site, with breeding Corn Bunting inside the M25.
The landfill is operated by Veolia, and over several years, the RSPB reserve had developed a good relationship with them. We had provided advice on grass cutting dates and regularly liaised with them to ensure the important breeding birds were not disturbed. Veolia often helped out with providing skips when we undertook clean-ups along the River Thames foreshore.
It was therefore with a huge amount of dismay and frustration that in mid-June 2021, without any prior warning, we witnessed the grassland being cut. This was right in the middle of the bird breeding season and much earlier than it had ever been previously cut.
A quick call to Veolia, and I was soon standing talking with one of their representatives alongside the landfill, as the cutting continued. I stressed the immediate impact this would have on the site’s breeding birds, highlighting that nests and chicks would be being destroyed, and flagged the significance of the species breeding on the site. I asked for the cutting to be stopped so we could agree a plan, and the representative went away to discuss with colleagues. Unfortunately, against my advice, the decision was made that the cutting would continue. It was apparently being done to prepare the ground for some future tipping activity.
Local senior managers at Veolia were contacted, but by now it was too late, the damage had been done. At least I was able to register our dismay at what had happened, and query why we hadn’t been consulted beforehand. I was given the distinct impression that no ecological assessment had been made prior to the cutting. In total, an area of approx. 16ha (about 40 football pitches) was cut.
Not surprisingly the reaction from local birders was one of shock and horror. It generated a lot of social media activity, and some people contacted Veolia directly to complain. In due course, a police investigation was launched, with various local people and reserve staff including myself giving witness statements and providing background information to the case. Our Investigations Section provided some advice, and I was hopeful that the case would proceed to court.
It is an offence if any person intentionally damages or destroys the nest of any wild bird while that nest is in use or being built; or destroys an egg of any wild bird. (Section 1, Wildlife and Countryside Act 1981)
Consequently, it was highly disappointing that in 2023, because of legal issues (set out below), the case was withdrawn.
So, in 2021 the birds on the landfill lost out in a big way, and there was no prosecution. But hopefully a lesson can be learnt by Veolia, and this incident can be an example to others that grassland cutting on this scale in the breeding season is not acceptable.
© RSPB Images. Corn Bunting were known to be breeding at the site.
by Guy Shorrock, ex-RSPB Senior Investigations Officer and now Investigations team volunteer
Following the events in June 2021, two Metropolitan police officers went to some trouble to investigate the incident. Statements from RSPB and BTO staff plus local birdwatchers who had been watching breeding birds at the site were taken and a file of evidence was submitted to a highly experienced wildlife prosecutor at the CPS. Following a review of the evidence, the police were given clear guidance that land registry checks on the area of grassland concerned were required to ensure the right company was reported.
A summons was later issued by the police for the destruction of four active nests of Corn Bunting, Skylark, Meadow Pipit and Whitethroat contrary to the Wildlife and Countryside Act 1981. Unfortunately, the summons was issued to Veolia UK Ltd rather than Veolia (ES) Ltd. Though both companies are linked and share the same company address, this omission meant the case was fatally flawed.
With the stated environmental aims in their manifesto, it might be hoped that Veolia UK Ltd would have raised this problem when they received the summons, allowing a corrected one to be issued. However, they were under no obligation to do so.
When the summons error was raised by the defence at the first court appearance on 5 July 2023, the case was just over the statutory two-year limitation since the alleged offences were committed. This meant a corrected summons could no longer be issued and CPS had no option but to discontinue the case.
In light of the events in 2021 and following the conclusion of legal proceedings, the RSPB have formally written to Veolia asking them to clarify what measures they have put in place to prevent a potential reoccurrence of this type of situation in the future. We will update this blog with any response we receive.