The Countryside and Rights of Way Act 2000
The
Countryside and Rights of Way Act 2000 (CRoW Act 2000) applies
to England and Wales only, received Royal Assent on 30 November
2000, with the provisions it contains being brought into force in
incremental steps over subsequent years. Containing five Parts and
16 Schedules, the Act provides for public access on foot to certain
types of land, amends the law relating to public rights of way,
increases measures for the management and protection for Sites of
Special Scientific Interest (SSSI) and strengthens wildlife
enforcement legislation, and provides for better management of
Areas of Outstanding Natural Beauty (AONB). The Act is compliant
with the provisions of the European Convention on Human Rights,
requiring consultation where the rights of the individual may be
affected by these measures.
Access to the Countryside
The Act provides a new right of public access on foot to areas
of open land comprising mountain, moor, heath, down, and registered
common land, and contains provisions for extending the right to
coastal land. The Act also provides safeguards which take
into account the needs of landowners and occupiers, and of other
interests, including wildlife.
Public Rights of Way and Road Traffic
The Act improves the rights of way legislation by encouraging
the creation of new routes and clarifying uncertainties about
existing rights. Of particular relevance to nature conservation,
the Act introduces powers enabling the diversion of rights of way
to protect SSSIs.
Nature Conservation and Wildlife Protection
The Act places a duty on Government Departments and the
National Assembly for Wales to have regard for the conservation of
biodiversity and maintain lists of species and habitats for which
conservation steps should be taken or promoted, in accordance with
the Convention on Biological Diversity.
Schedule 9 of the Act amends SSSI provisions of the Wildlife and
Countryside Act 1981, including provisions to change SSSIs and
providing increased powers for their protection and management. The
provisions extend powers for entering into management agreements;
place a duty on public bodies to further the conservation and
enhancement of SSSIs; increases penalties on conviction where the
provisions are breached; and introduce a new offence whereby third
parties can be convicted for damaging SSSIs. To ensure compliance
with the Human Rights Act 1998, appeal processes are introduced
with regards to the notification, management and protection of
SSSIs.
Schedule 12 of the Act amends the species provisions of the
Wildlife and Countryside Act 1981, strengthening the legal
protection for threatened species. The provisions make certain
offences 'arrestable', create a new offence of reckless
disturbance, confer greater powers to police and wildlife
inspectors for entering premises and obtaining wildlife tissue
samples for DNA analysis, and enable heavier penalties on
conviction of wildlife offences.
Areas of Outstanding Natural Beauty (AONBs)
The Act clarifies the procedure and purpose of designating
AONBs, and consolidates the provisions of previous legislation. It
requires local authorities to produce management plans for each
AONB, and enables the creation of Conservation Boards in order to
assume responsibility for AONBs, particularly where the land
designated crosses several local authority jurisdictions. The Act
also requires all relevant authorities to have regard to the
purpose of conserving and enhancing the natural beauty of AONBs
when performing their functions.
April 2010