Module Identifier RD29210  
Academic Year 2001/2002  
Co-ordinator To Be Arranged  
Semester Semester 1  
Assessment Assignment   Outcomes Assessed: 1, 2, 3. Countryside Law Scenarios   50%  
  Exam   2 Hours Outcomes Assessed: 1, 2, 3.   50%  

Module description

It is critical for any countryside manager to understand the legal framework within which he or she operates. This module describes the evolution of countryside law, the processes that bring enforceable legislation into being, and the roles of the main statutory and non-statutory bodies in influencing and implementing it.

The module considers the influence of Europe in domestic legislation, and refers to specific acts of Parliament and case studies to illustrate how key environmental topics are addressed through the law. These include amenity, recreation and access, pollution and waste management, nature, heritage and landscape conservation, animal welfare and health and safety matters.


Outcome 1

Describe the evolution of environmental/countryside law and the processes of its enactment.

Performance criteria:
a. The evolution of countryside law is described and assessed
b. The parliamentary process is described.

Common law - criminal and civil law - private property rights - enclosure and access; open country, common land; trespass and liabilities; poaching and animal cruelty; conservation and voluntarism; white and green papers - readings and committee stages - 'command' papers - commons and lords - private members' bills - dispersal of 'countryside' law.

Outcome 2

Describe the appropriate legislation related to selected countryside themes.

Performance criteria:
a. Key laws and appropriate sections are identified
b. Enforcement processes are described.
c. Alternative legal options are discussed.

Trespass and public order offences; bulls; dogs and guns; rights of wayu; access and common land; national parks; rights of way, wildlife conservation acts and offences; European directives - species and habitats; the built and natural environment - the influence of amenity concerns on conservation - archaeology, trees, conservation areas, heritage coasts and hedgerows; pollution and waste offences - health and safety - enforcement options - cautions, powers of arrest, gathering evidence; designations - NPs, AONBs, NNRs, SSSIs, SACs, SPAs, TPOs.

Outcome 3

Identify organisations that influence, implement, monitor and enforce the law

Performance criteria:
a. Opportunities for participation in the legal process are described.
b. Relevant organisations and their functions are described.
c. Enforcement staff and their roles are evaluated.
d. Limits to effective use of the law are discussed.

Local authorities - rights of way and highways duties - making orders and agreements; ranger services - limits to authority; consultation processes; Environment Agency, nature conservation agencies; monitoring SSSIs - management agreements - enforcing the CRoW Act; the role of NGOs - lobbying, monitoring and managing sites; enforcement powers.