Pheasant poults – buzzard prey or gamebirds?

• Published in: Environmental law review 2016-06, Vol.18 (2), p.142-154
• Main Author: Warren, Lynda M.
• Format: Article
• Language: English
• Subjects: Phasianidae
• ISSN: 1461-4529; 1740-5564
• DOI: 10.1177/1461452916642564

Applications for licences to kill buzzards in order to prevent serious damage to the viability of pheasant shoots were regarded by Natural England, the licensing authority, as sufficiently novel to require direction from the Department for the Environment, Food and Rural Affairs (Defra), the government department responsible for the licensing provisions in the Wildlife & Countryside Act and their implementation in accordance with the EU Birds Directive. Defra declined to issue a specific policy for raptors and instructed Natural England to apply the general policy. The court found that Natural England had not done this but had, in effect, applied a hidden policy to refuse such applications. Natural England’s decision to refuse to grant licences was quashed on the grounds of reliance on an undisclosed policy, taking account unlawfully of public opinion, unreasonableness and failing to deal with the option of licensing live trapping of birds. Ouseley J also found that the case was covered by the Aarhus Convention because it related to an environmental matter. The fact that the case was about a refusal to grant a licence and therefore amounted to a challenge seeking to cause harm was irrelevant.