Over the last few weeks we’ve been reacting to the UK Government’s #AttackOnNature and sharing our concerns about what it might mean for nature in Scotland. You’ve asked for some for more information, so we’ll be sharing some explainers on different topics over the coming weeks. This one is about our most prized nature laws – the Habitats Regulations.
What is the threat to our laws?
One key part of the UK Government’s Attack on Nature is the new Retained EU Law (Revocation and Reform) Bill. This Bill covers all retained EU regulations, which means laws which originally came from the EU but are very much part of our domestic law and were “retained” despite leaving the EU. This Bill seeks to ‘sunset’ (end) all of these laws, by the end of 2023, unless specific steps are taken to keep them. This creates a legislative cliff-edge for hundreds of environmental laws. Unless all four governments in the UK take steps to keep our most important wildlife protections, they will simply cease: this would represent the biggest change to environmental laws in UK history.
In the UK, environment and agriculture are devolved to the governments in Scotland, Wales and Northern Ireland. As you can sense, there is a but coming. This Bill applies across the whole of the UK, and it requires Ministers in the devolved nations to go through and restate, replace or revoke (read: keep, change or get rid of) all the Retained EU Law in their countries. Even if devolved governments choose to keep all these laws, it places their legislative programmes and ambitions for nature under significant pressure.
This Bill has sweeping implications not just for the environment but many other areas like food labelling, workers rights, health and welfare of humans and animals. When it comes to nature, the thing we are most concerned about is the potential ripping up of the Habitats Regulations, which protect rare, threatened and important animals, birds and habitats.
Red-throated diver is one of the many species of birds protected by the Habitat Regulations (photo by Chris Gomersall (rspb-images.com))
What are the Habitats Regulations and why are they so important?
The Habitat Regulations have played a huge part in saving precious places for wildlife in the last 30 years. These powerful laws give nature a say on where we build new developments. They help keep in check projects which threaten vulnerable wildlife. They give a firm but polite “no thank you” to plans which would damage nature’s unique places. In exceptional circumstances where projects must be built, they ensure new habitat is created elsewhere.
The 20th Century saw nature disappear from the UK at a horrifying rate. The RSPB and other nature charities have worked hard, with the support of people like you, to acquire and protect vital habitat before it was lost. But we couldn't keep up with the scale or speed of habitat destruction.
The 1980s and 90s saw the introduction of improved legal protections which stemmed the loss of at least some of the remaining habitat. These precious fragments dotted through our landscapes haven’t been enough to stop nature’s decline. But without them – and the laws that protect them – nature would be faring much worse. They’ve given us hope that some of our rarest and most vulnerable wildlife can still recover.
They are also extremely effective. They steer building development to less damaging locations and change plans to make projects more nature friendly. For example, the Habitats Regulations were one of the reasons that the Scottish Government refused consent to a golf course that could have damaged an amazing coastal site, Coul Links in 2020.
Numerous sectors, from housing developers to port development, have spoken out in support of Habitats Regulations. But because they give nature a strong voice in decision making, they’ve long been unpopular in some quarters.
Caledonian pine forest is one of many habitats protected by the Habitats Regulations (photo by Ben Andrew (rspb-images.com)
Where do they apply?
We have different sets of Habitats Regulations that apply in different parts of the UK, and they are all at risk. The Scottish Government has stated its opposition to this Retained EU Law Bill, which it says will “row back 47 years of protections in a rush to impose a deregulated, race to the bottom”. The Scottish Government has also provided welcome reassurances that they will maintain environmental protections here in Scotland – which would include taking the necessary steps to keep the Scottish Habitats Regulations.
Sadly that doesn’t entirely fix the problem. The UK Habitats Regulations do apply in some circumstances in Scotland and Wales and removing them will make it easier for some energy projects to go ahead in areas that may damage our best places for wildlife. Revoking the Habitats Regulations that protect nature at sea will have major implications across the whole UK.
We urgently need assurances from the UK Government that they will not revoke or weaken the Habitats Regulations, and continued commitments from the Scottish Government that they will act to ensure our nature laws are safe here in Scotland. You can help by following this link joining the 100,000 people who have already written to their MPs to raise their concerns.
For more information about the #AttackOnNature and what it means for Scotland you can read our introductory blog here or listen to our podcast here.
Header photo: Blanket bog with snow-capped mountains in distance by Eleanor Bentall (rspb-images.com).