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The government’s most senior conservation adviser, Sir Frederick Holliday,
has resigned in protest over new legislation being introduced for protected
areas in Scotland.

He describes the legislation as ‘illogical’ and ‘very difficult to apply’,
and has expressed fears that it could undermine the authority of the Joint
Nature Conservation Committee, of which he has been chairman for the past
three months.

To make matters worse, Sir Frederick says he was not consulted over
the proposed changes.

The Natural Heritage (Scotland) Act, which comes into force next April,
will require an independent review if landowners dispute the scientific
grounds on which a Site of Special Scientific Interest (SSSI) has been designated
on their land.

There is no similar review procedure in England and Wales. Sir Frederick
believes the Scottish legislation amounts to a vote of no confidence in
the JNCC.

The committee was set up to supervise nature conservation standards
throughout Britain when the former Nature Conservancy Council was split
into three countryside councils three years ago by the then Secretary of
State for the Environment, Nicholas Ridley.

English Nature and Countryside Council for Wales were launched in April
this year; Scottish Natural Heritage takes over from the Nature Conservancy
Council for Scotland in April 1992.

Sir Frederick says the role of the JNCC, which is made up of the three
country chairmen as well as several independent members, will be untenable
if the standards it lays down for the whole of Britain are questioned in
Scotland.

He also says it is not clear what would happen if the independent advisory
committee concluded that a site did not warrant designation.

‘At the moment there is a risk that Scottish Natural Heritage will be
receiving advice from its own committee based on JNCC standards, and advice
from the independent committee without regard to JNCC standards,’ he says.

Sir Frederick adds that he anticipates repercussions in England and
Wales. ‘Already I have had landowners in England asking why should they
have different conditions,’ he says.

In Scotland, the legislation has increased concern over the future of
the huge areas of wildlife habitat, such as the peat bogs of the Flow Country,
which have been battle grounds between conservationists and the forestry
industry for several years.

John Francis, chief executive of the Nature Conservancy Council for
Scotland, said last week that Sir Frederick’s departure was ‘a bad sign
for conservation’. He added: ‘If you dilute the authority of the agency
set up by Parliament expressly for that purpose, then who do you listen
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Sir Frederick, a distinguished marine biologist and vice-chancellor
of the University of Durham, has agreed with Environment Minister David
Trippier that his resignation can ‘lie on the table’ until a successor is
appointed.