WATER FRAMEWORK DIRECTIVE (2000/60/EC): INTERPRETING THE PROVISIONS APPLYING TO PROTECTED AREAS FOR HABITATS AND SPECIES DIRECTLY DEPENDING ON WATER

摘要

Implementation of the WFD has a significant role to play in achieving 'favourable conservation status' for water-dependent SPAs and SACs. This role was potentially weakened by preconceptions about the directive's provisions on the part of UK competent authorities. What has transpired over the past three years demonstrates the importance of taking a legal approach. English Nature was optimistic about the aims of the WFD and integrated river basin management, combining biodiversity and water management objectives, but it took the view that investment in legal advice at the outset was essential in order that implementation of programmes of measures would be on a firm footing. Defra has been open - and supportive - where arguments were demonstrated to the satisfaction of government lawyers. It should be borne in mind that the Water Framework Directive is a legal instrument and will be enforced as such. It is to be hoped, however, that progress can be made in the UK without the need for clarification from the European Court of Justice.