SPONSORED: ‘An opportunity for Natural England to put things right’

SPONSORED

A High Court ruling has found that conditions imposed by Natural England (NE) on game shoots were “irrational” and “misinterpreting the scope of their powers”.

The British Association for Shooting and Conservation (BASC) brought the case, arguing that NE’s approach had created significant uncertainty for shoots, forcing some to close with the loss of rural jobs.

Handing down judgment at the Royal Courts of Justice, the Court found NE had acted unlawfully by adopting an interpretation of ‘release’ that exceeded the meaning of the legislation enacted by Parliament. The Court ruled that NE cannot impose conditions preventing the keeping of gamebirds on site prior to release.

The judgment confirms that public bodies must exercise their powers within the limits set by Parliament.

BASC brought the challenge only after repeated attempts to resolve the issue directly. BASC engaged with NE’s leadership team and set out its concerns in detail before issuing proceedings. Those concerns were ignored, leaving legal action the only remaining route.

Shoots are releasing gamebirds responsibly; they adhere to density guidelines and deliver measurable environmental benefits. To suddenly prevent those activities from taking place in and around Special Protection Areas (SPA) is wrong and a rethink is needed.

The rich biodiversity that shoots support through habitat work and targeted predator control is exactly what designated areas including SPAs need and why they exist. These conservation efforts, spanning generations, by shoots and farmers, are why many of these sites were designated for their biodiversity.

Government and its agencies should trust that we are doing the right thing – what landowners and managers need is more support, not greater layers of unnecessary red tape.

This is not a niche dispute about shooting. It is a basic democratic principle. Public bodies must act within the powers Parliament gives them. If they do not, the people affected are entitled to challenge them, such as the recent row over an attempt by NE to restrict the number of Dartmoor hill ponies that could be grazed on moorland.

To restore nature and rebuild rural trust, government must ensure regulators act within the law, respect Parliament’s limits and work constructively with countryside communities.

The government should use this judgment to reset how rural regulation is designed, communicated and delivered by its agencies.

A good start was made last year with the establishment of a Rural Taskforce to bring communities, stakeholders and government together to better understand how best to support rural communities and businesses.

Last week the government committed to embedding rural proofing across its decision making and ensuring all departments systematically assess real-world impacts on rural communities in policy and investment decisions.

The government has also just published its 30by30 delivery plan – a commitment to protect 30 per cent of land for biodiversity by 2030 – and called on landowners and land managers to support it in meeting those targets.

NE recently announced the selection of a new chief executive, Neil Hornby, and we look forward to working with him. This could be a turning point for NE to address the many problems in NE’s regulatory culture, particularly its overly precautionary approach to decision-making.

In principle, BASC and NE share the same aims for conservation and the sustainable use of natural resources. We have worked in partnership on many projects, and we continue to do so. The countryside needs an environmental regulator like NE but not one acting in the way they are currently.

Game shoots small and large are biodiversity hotspots, quietly and diligently managed by thousands of clubs and syndicates across the land. Each is a nature reserve without the tarmacked car parks and pathways, cafes, toilets and miles of fences.

BASC looks forward to working with the new Secretary of State and ministers within Defra to deliver nature recovery alongside economic growth – gamebird shooting and releasing is exactly the kind of integrated, working-landscape model that policymakers should be supporting.

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