Requirement | Definition - Description and measurement of the extent of non-compliance | Extent - On farm /Off farm | Severity - Minimum /Medium /High | Permanence - Rectifiable (minor) /Rectifiable / Permanent |
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In relation to Special Protection Area ( SPA) under the Birds Directive, you must comply with the 1994 Habitats Regulations including: | No notice of an ORC given, consent refused by SNH, terms of consent not adhered to, or a recurrence of previous non-compliance ( NCA s.16) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
a) Notify Scottish Natural Heritage ( SNH) of proposals to carry out any operation likely to damage the protected interest of the SPA. You must also obtain SNH's written consent before commencing these operations, unless they are specifically permitted by the terms of a management agreement. Consent is not required where planning permission has already been obtained or in an emergency. In an emergency situation you must notify SNH as soon as possible after the event. |
b) Where a Special Nature Conservation Order (or Nature Conservation Order under the Wildlife and Countryside Act 1981 as amended by the Nature Conservation (Scotland) 2004 Act) applies, notify SNH of proposals to carry out any specified operation, and obtain consent before commencing that operation, unless covered by the terms of a management agreement. | Failure to comply with a management agreement (National Parks and Access to the Countryside Act 1949 s.16, Countryside (Sc) Act 1967 s.49A, Countryside Act 1968 s.15) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
c) Comply with any other management order or restoration order that is relevant to the purpose of the SPA. | Failure to comply with a nature conservation order ( NCA s.23-27). | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
d) Comply with the terms of any management agreement entered into with SNH that relates to the purpose of the SPA. | Failure to comply with any byelaw for the protection of an SSSI ( NCA s.20) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
e) Comply with the terms of any agri-environment agreement that relates to the purpose of the SPA. You must also comply with the terms of any restoration order. | Failure to comply with a land management order ( NCA ss.29-36) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
You must not: Intentionally or recklessly damage any natural feature specified in a SSSI notification, which is relevant to the purpose of the SPA. | Intentional or reckless damage or destruction of the special interest or continuation of some form of non-compliance already occurring ( NCA s.19) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
On any land, you must not: a) Intentionally or recklessly kill, injure or take any wild bird; take, damage, destroy or otherwise interfere with any nest habitually used by any wild bird included in Schedule A1 of the Nature Conservation (Scotland) Act 2004, obstruct or prevent any wild bird from using its nest, take or prevent any wild bird from using its nest, possessing any live or dead wild birds or anything derived from such a bird, take or keep any egg of a wild bird; or the intentional or reckless disturbance of certain birds (listed in schedule 1 to the Wildlife and Countryside Act 1981) while they are nesting (including disturbance of dependant young). | Failure to comply with a restoration order ( NCA S40) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
b) Kill or take certain huntable birds during the close season for that bird species. The sale or purchase of game birds after 10 days from the end of the open season for the bird in question is also prohibited. | Failure to comply with a court order in connection with NCA s.12(2) or s.15 | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
Use the prohibited means of killing or taking wild birds as set out in section 5 of the Wildlife and Countryside Act 1981 as amended by the Nature Conservation (Scotland) Act 2004. | Damaging or destroying signs put up by SNH ( NCA s.41) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
Obstructing a person authorised by SNH for the purposes specified in NCA s.44(1) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
Any offence involving the hunting, killing, taking, sale or possession of a bird under Part I of the WCA as amended by the NCA. (These offences are normally dealt with by the police and the procurator fiscal, but if a SEERAD or SNH inspector has reasonable evidence that an offence has been committed then it should be recorded as a breach and also reported to the police. | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |
Possession of any pesticide for the purpose of using it not in accordance with the regulations under the Food and Environmental Protection Act 1985 or the Biocidal Products Regulations 2001 ( WCA s.15A amended NCA) | On farm / Off farm | Minimum /Medium /High | Rectifiable (minor) /Rectifiable /Permanent |