17/2/2016

Law Commission publishes review of Conservation Covenants

RoystonThe Law Commission recently published its review of Conservation Covenants. The GWCT contributed to the consultation and are delighted that the Law Commission’s views are in line.

The project began in early 2012 and explored whether there is a case for introducing conservation covenants into the law of England and Wales.

The GWCT strongly supports a voluntary approach to conservation. Our experience shows that willing conservationists working in partnership with conservation organisations make better custodians than those ruled by the enforcement of compulsory schemes. The latter run the risk of the landowner feeling a degree of resentment to imposed management plans.

In some instances, these management plans have differed from the way the land has been traditionally managed, and have led to the demise of the species or habitat they were intended to conserve. A voluntary agreement with a landowner who feels passionately about particular flora or fauna can lead to a much more positive outcome.

The Law Commission’s review agrees that Conservation Covenants should take the form of a voluntary agreement between a landowner and a responsible body (charity, public body or local/central Government) to manage their land for conservation.

This can be through positive action, such as allowing public access through maintained woodland; or through active in-action, such as delaying hay cutting to allow seeding and meadow rejuvenation. The covenants are tied to the land rather than the landowner, ensuring that the conservation value is long-lasting.

Dr Alistair Leake, GWCT’s Director of Policy & The Allerton Project, said: “We always welcome the opportunity to feed into relevant Law Commission Reviews. The review of Conservation Covenants was particularly noteworthy as, if properly established, they have the potential to create and preserve habitats, providing positive environmental outcomes at no cost to the public purse.

The Environment Secretary recently thanked the Law Commission for its “excellent work” on conservation covenants.

The GWCT would like to take this opportunity to thank our members and supports for their help with such reviews. For those interested in the GWCT’s full response, it is available for download.

Further details on the Conservation Covenants project can be viewed at the Law Commission website.

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