| Legislation |
Statutory
Authority & purpose of legislation |
Examples
of bait collection controls (mainly from Fowler
1992) |
| Civic
Government (Scotland) Act 1982 |
- Enforced by the Scottish Executive Rural
Affairs Department (SERAD) and Local Authorities.
- Enables Councils to make byelaws for the
purpose of preventing nuisance or danger
at, or preserving or improving the amenity
of the seashore, and for conserving the
natural beauty of the seashore by regulating
the exercise of sporting and recreational
activities.
- Competent authorities with functions under
S. 120 to 122 of this Act (control of the
seashore and adjacent waters) must exercise
these so as to secure compliance with the
requirements of the Habitats Directive (DETR
1998).
|
- Three authorities in Fife (Dunfermline,
Kirkcaldy and North East Fife) co-operated
in drafting byelaws to govern the seashore
and adjacent waters for the above purposes
under this Act. These appear to provide
a means of preventing baitdigging in specified
areas. It is unknown whether any Council
has attempted to use their byelaws for this
purpose.
|
| Conservation
(Natural Habitats etc.) Regulations 1994 |
- Transpose the requirements of the Habitats
Directive into national law and provide
for the conservation of SACs and SPAs in
Great Britain. Regulations 22-24 allow for
‘special nature conservation orders’
to be made.
|
- None yet enacted. However, if (as seems
likely) no other competent authority is
responsible for controlling this activity,
it will fall within the remit of the nature
conservation agencies.
|
| Control
of Pollution Act 1974 |
- Competent authorities with functions under
Part II of this Act must exercise these
so as to secure compliance with the requirements
of the Habitats Directive (DETR 1998).
|
|
| Countryside
Act 1968 |
- One of the enactments under which compliance
with Habitats Directive requirements will
be secured. Section 15 applies to sites
of Special Scientific Interest. (DETR 1998)
|
|
| Countryside
(Scotland) Act 1967 and 1981 |
- Enforced by the Scottish Executive Rural
Affairs Department (SERAD), Scottish Natural
Heritage, and Local Authorities.
- Regulates and prohibits activities in
country parks, to prevent damage to land
and to avoid undue interference with enjoyment
of land.
- One of the enactments under which compliance
with the requirements of the Habitats Directive
will be secured (specifically Section 49A
which covers management agreements) (DETR
1998).
|
- East Lothian Council regulates the uses
of John Muir Country Park (baitdigging for
private, non-commercial use permitted) and
Aberlady LNR (all baitdigging prohibited).
- Commercial baitdigging has been prohibited
in the Montrose Basin LNR. Baitdigging for
personal use is permitted in a specified
area of the Reserve.
- North East Fife Council controls baitdigging
in the Eden Estuary LNR (enforced only for
commercial activity).
|
| Environment
Act 1995 |
- Major statute repealing and amending much
previous environmental legislation.
- Environment Agency for England and Wales
is required to ‘protect and enhance
the environment’. Has powers of a Sea
Fisheries Committee where none exists.
- Scottish Environment Protection Agency
has, inter alia, pollution control
functions.
|
|
| Environmental
Protection Act 1990 |
- Requires ‘statutory nuisances’
to be dealt with by local authorities. One
of the enactments under which compliance
with the requirements of Sections 131 to
134 of the Habitats Directive will be secured
(DETR 1998).
|
|
| Food
and Environment Protection Act 1985 |
- MAFF and SERAD issue licences to dump
below the high water mark.
|
- Might cover installation of crab shelters
(fishing gear is exempt).
|
| Dockyard
Ports Regulation Act 1865 |
- Competent authorities with functions under
this Act must exercise these so as to secure
compliance with the requirements of the
Habitats Directive (DETR 1998).
|
|
| Habitats
Directive/Habitats Regulations : see Conservation
(Natural Habitats etc.) Regulations 1994 (above) |
| Harbours
Act 1964 |
- Statutory powers are conferred on Harbour
Authorities by local legislation. Harbour
Acts are specific to each authority and
vary considerably, depending upon local
circumstances and commercial and other activities
in the Harbour area.
- The obligation of the ports industry to
the environment is included within its statutory
powers, but these powers are tied to their
primary statutory function - administering
ports and coastal waters within their jurisdiction
for use by commercial vessels. Even though
the 1992 Transport Act (see below) gave
environmental powers and duties to Ports
and Harbour Authorities, their existing
Harbour Acts and byelaw making powers do
not enable them to take any action for the
protection of the environment. Most Harbour
Act byelaws control baitdigging in order
to ensure that it does not interfere with
commercial activities (e.g. navigation,
anchoring, and safety of structures or vessels).
- Competent authorities with functions under
this Act must exercise these so as to secure
compliance with the requirements of the
Habitats Directive (DETR 1998). This may
mean applying for new powers by means of
an order under the Harbours Act 1964.
|
- Chichester Harbour Conservancy byelaws
(prohibit baitdigging within 50 feet of
any mooring or 20 ft of any structure).
- Fowey Harbour Order Act (1937) and Fowey
Harbour Byelaws (1996) enable the Commissioners
to prohibit bait digging from areas of moorings
and slipways, and the laying of crab traps
in areas where they pose an obstruction
to anchoring or navigation.
- Langstone Harbour Board byelaw (1984)
prohibits baitdigging within 3 m of
moorings and 10 m of slipways or jetties.
- Penzance Harbour Byelaws (1980) prohibit
digging outside designated areas, to prevent
direct or indirect damage to boats and moorings.
- Port of Sunderland Dock Estate byelaw
prohibits baitdigging in the Dock Estate.
- Scarborough Harbour Act (1843), has a
clause preventing baitdigging within the
Harbour area in the interests of safety.
- Torbay Borough Council’s Tor Bay
Harbour Byelaws control baitdigging activity
in Torquay Inner Harbour, Brixham Harbour
and Paignton Harbour.
|
| Local
Government Act 1972 |
- Section 235 provides local authorities
with powers to enact byelaws for good rule
and government and suppression of nuisances.
|
- Cannot be used where more specific legislation
is available.
|
| Military
Lands Act 1900 |
- Competent authorities with functions under
Section 2(2) (provisions as to use of sea,
tidal water or shore) must exercise these
so as to secure compliance with the requirements
of the Habitats Directive (DETR 1998).
|
|
| National
Parks and Access to the Countryside Act 1949,
Sections 20 and 106 |
- Local authorities have powers to make
byelaws for local nature reserves under
Section 20.
- Section 20(2)(b) enables byelaws to be
made that prohibit or restrict the killing,
taking, molesting or disturbance of living
creatures of any description in a nature
reserve.
- Section 101(8) provides that such byelaws
apply to Crown land if the Crown Estate
Commissioners consent.
- Part III of this Act is identified by
DETR (1998) as one of the enactments under
which compliance with the requirements of
the Habitats Directive will be secured.
|
- Very few local authorities use their nature
reserve byelaws to control baitdigging,
at least partly due to cost and anticipated
enforcement difficulties.
- Teignbridge DC does not use it
to prohibit baitdigging in the Dawlish Warren
LNR.
- Kent County Council uses byelaws to control
baitdigging and collection of other intertidal
organisms in part of the Swale LNR by issuing
permits. (Havard and Tindall 1991 report
that very few bait diggers here hold a licence.)
- The Pembrokeshire Coast National Park
byelaws potentially affect all Crown foreshore
in Dyfed (National Park foreshore), but
have not been enforced and used to control
baitdigging.
|
| National
Trust Act 1907, National Trust Act (Northern
Ireland) 1946, National Trust Act 1971, Section 24 |
- Enable byelaws which, inter alia,
may:
- a) prohibit any person without lawful
authority from digging ... sand, clay, or
other substance;
- e) prohibit injury of any building, structure
or other thing;
- n) generally prohibit or regulate any
act or thing tending to injure of disfigure
the land ... or to interfere with the use
and enjoyment thereof by the public.
- Byelaws may prevent taking, molesting,
wilfully disturbing, injuring or destroying
wildlife, provided that ‘nothing in
or done under any of the provisions of the
foregoing byelaws shall in any respect prejudice
or injuriously affect the rights of any
person’...
|
- An attempted prosecution of three bait
diggers in Newton Haven, Northumberland,
September 1985 was unsuccessful.
- The National Trust (Northern Ireland)
has tried, unsuccessfully, to use its byelaws
to prevent individuals from collecting shellfish
and digging bait over the entire foreshore
owned by the Trust in Strangford Lough.
The Judgement by Girvan in Adair v The National
Trust was that there was a common law right
for species collection from the foreshore
and bed of the Lough.
- The Trust is currently reviewing its powers.
|
| Public
Health Acts (Amendment) Act 1907, Section 82 |
- These generally ensure public safety,
maintain the appearance of beaches for amenity
purposes, or safeguard harbour walls, slipways
and boat moorings.
- Local Authorities may enact byelaws ‘for
the prevention of danger, obstruction or
annoyance to persons using the seashore.’
- Some byelaws under this act make provision
for digging permits to be made available,
either for locals only, or at certain times
of the year, in specified areas or conditional
upon back-filling of holes.
- It is unclear whether it is necessary
for the land to be owned or leased by the
Local Authority for this power to be applied.
Section 82 does not mention any such constraints,
and Section 94, which applies to navigation
on the sea, clearly enables local authorities
to regulate activities within areas that
are neither owned or leased.
- Fowler (1992) noted that there was much
inconsistency in approach to the use of
this legislation reported, with some authorities
being unable to obtain clearance for byelaws
which had been approved in other districts.
|
- Alnwick District Council regulates baitdigging
to prevent problems when launching boats:
‘without lawful right or authority
no person shall in any part of the restricted
area dig for ragworms or for any form of
fishing bait’.
- Caradon DC regulates baitdigging at Torpoint,
where moored vessels had been damaged, and
hazards caused to the public by holes left
in the shore).
- Eastleigh DC (controls at Netley since
1978 due to concern over hazards of bait
dug holes to the general public).
- Maldon District Council (in respect of
a Several Fishery area – granted prior
to the Magna Carta – to prevent damage
to foreshore and injury to public as a result
of commercial baitdigging).
- Lancaster City Council proposed a byelaw
(for foreshore owned at Morecambe and Heysham).
- Other authorities considering introducing
such byelaws have been discouraged likely
difficulties and enforcement costs (e.g.
at Filey Beach, North Yorkshire).
|
| Sea
Fisheries Regulation Act, 1966 |
- Sea Fisheries Committees (SFC) enact regulatory
byelaws within their Districts in England
and Wales under this Act.
- These may prevent baitdigging where it
would conflict with other fishing activities.
|
|
| Sea
Fisheries (Shellfish) Act, 1967 |
- Provides powers to establish Several or
Regulating Orders.
- Several Orders give exclusive rights to
an individual or company to take named species
of shellfish within a defined area, and
may protect shellfish from harm caused by
other activities (e.g. bait collection).
- Regulating Orders enable a Local Authority
or other suitable body to regulate a fishery,
usually by licensing fishermen.
|
- A South Wales Sea Fisheries Committee
byelaw limits areas open to baitdigging
to protect access to the Burry Inlet cockle
fishery and cockle stocks.
- Several SFCs protect mussel beds from
baitdigging and other forms of disturbance
by byelaw.
- Enforced in Scotland by the Scottish Executive
Rural Affairs Department (SERAD).
|
| |
|
|
| Sea
Fisheries (Wildlife Conservation) Act 1992 |
- Gives Sea Fisheries Committees nature
conservation duties that must be used to
secure compliance with the requirements
of the Habitats Directive (DETR 1998).
|
|
| Transport
and Works Act 1992 |
- Amendment of Schedule 2 of the Harbours
Act 1964 by the Transport and Works Act
1992 enables harbour authorities to seek
harbour revision orders for the conservation
of fauna and flora, if ‘the appropriate
Minister is satisfied that the making of
the order is desirable in the interests
of ... the management of the harbour in
an efficient and economical manner’.
|
- These new provisions had not yet been
used several years after enactment (DoE
1996). Expecting every harbour authority
independently to seek revisions of their
own harbour orders is obviously be a time-consuming
and inefficient way to progress. DETR is
currently considering giving environmental
powers to all ports in under a single Act.
|
| Wildlife
and Countryside Act 1981 |
- Part I and Sections 28 to 28 are identified
by DETR (1998) as one of the enactments
under which compliance with the requirements
of the Habitats Directive will be secured.
- Section 29 enables byelaws and Nature
Conservation Orders to be made for the management
of Marine Nature Reserves and National Nature
Reserves, although such byelaws are only
rarely enforced.
- Competent authorities with functions under
Sections 36 and 37 of this Act (Marine Nature
Reserves) must exercise these in European
Marine Sites so as to secure compliance
with the requirements of the Habitats Directive,
provided that this does not interfere with
or override the exercise of the functions
of any other relevant authority (DETR 1998).
|
- ‘The removal of any fauna for use
of bait, whether by digging, bait pump,
or any other means’ is prohibited under
Section 29 within part of the Lindisfarne
National Nature Reserve. (A Public Inquiry
held in 1994 found that proposed changes
to the byelaws and Nature Conservation Order
were expedient and necessary.)
- Regulation 36 of the Conservation (Natural
Habitats etc.) Regulations (1994) requires
the statutory conservation agencies to use
Section 37 byelaw-making powers if there
is no other relevant authority or the relevant
authority is unable to act for legal or
practical reasons.
|
| Miscellaneous
Local Authority Acts |
| The
Humberside Act (1982) |
- Provides Cleethorpes Borough Council with
powers to control ‘digging for or removal
of sand, bait etc. from the seashore’.
It re-enacts a similar control in the Cleethorpes
Improvement Act (1902).
|
- Fowler (1992) reports that about 140 individuals
are licensed to dig for bait in a designated
area at one end of an amenity beach. There
had been about 20 prosecutions for illegal
baitdigging under the Act. The Borough Council
was asked to relax this control in order
to allow baitdiggers to take bait from the
restricted area, because the designated
digging area was hard to dig over. The Council
was advised not to change this policy because
it would have resulted in the restricted
area of beach becoming similarly damaged
by extensive bait digging (Olive, pers.
comm.).
|
| The
Southend-on-Sea Corporation Act (1895) |
- Enables the Borough of Southend-on-Sea
to limit baitdigging to areas seaward of
a quarter mile limit from the seawall and
certain hardways beyond this distance. The
byelaw was enacted because of the public
nuisance and potential danger caused by
holes left by baitdiggers.
|
- Numerous successful prosecutions had been
made and an injunction obtained against
one persistent offender, who was reportedly
imprisoned (Fowler 1992).
|
| Isle
of Wight County Council Act (1980) |
- Enables District Councils to control baitdigging
under byelaw.
|
|
