§ Lord Melchettasked Her Majesty's Government:
Whether the Wildlife and Countryside Act 1981, and the "Code of Guidance for Sites of Special Scientific Interest" which was approved by Parliament, take precedence over the "long-standing convention" under the Forestry Commission's Basis II Dedication Scheme, which allowed the clear felling of 30 hectares of Abernethy Forest Grade I Site of Special Scientific Interest (SSSI) without consultations with the Nature Conservancy Council; and whether further clear felling of this SSSI will now be the subject of a legal requirement to consult with the NCC following the site's renotification under Section 28 (1) of the 1981 Act.
§ Lord SkelmersdaleThe Wildlife and Countryside Act 1981 provides that owners and occupiers must not carry out any operation listed in the SSSI notifications unless the Nature Conservancy Council has been given notice in writing. This requirement is absolute and is not affected by any convention between the Forestry Commission and woodland owners under the Basis II Dedication Scheme. The felling at Abernethy was1320WA approved by the Forestry Commission before the 1981 Act came into force, and 30 hectares were clear felled before the site was renotified by Nature Conservancy Council as an SSSI. No further clear felling may take place in this SSSI unless the appropriate notice has been given to the Nature Conservancy Council.