When considering what degree of disturbance would be caused to a population of birds by licenses for control, the secretary had to consider not only the effect on the population of the species as a whole, but also the effect licences might have on local populations within special protection areas. The amendments to the Birds Directive referring to ‘this directive’ were references to populations within that context, ad not that of the Directive from which the amendment was derived.
Judges:
Lord Cowie and Lord Dawson and Lord President
Citations:
Times 12-Sep-2000, [2000] ScotCS 216
Links:
Statutes:
EC Birds Directive 79/409/EEC art 4, EC Habitats Directive 92/43/EEC, Conservation (Natural Habitats, etc) Regulations 1994 (1994 No 2716)
Jurisdiction:
Scotland
Animals, European, Environment, Scotland
Updated: 11 July 2022; Ref: scu.169246
