If you saw a metal detectorist detecting on an Site of Special Scientific Interest (SSSI) would you
a) Call 101
b) ignore them
c) inform them it's an SSSI and hope they move on
d) ask them what they've found.
Thinking about why you would take a particular action is quite interesting.
There needs to be clarification of SSSI types and designations before considering what to do. Each SSSI has a list of OLD's appended to its citation - these are Operations Likely to Damage. For a sensitive flower rich grassland which is regionally or nationally rare, digging or disturbing the turf or vegetation would be an OLD and as such subject to prosecution of the offender. However if the site has been notified for its geological interest then digging to retrieve a metal find may well not be classed as an OLD.
ReplyDeleteCommon sense must prevail and the relevance of the operation taken into account. A simple call to the local Natural England office would be a good starting point to gauge if detecting would be considered damaging to a SSSI assuming you have permission from the landowner to detect the area.
I would ask to person if they were aware of the designation and if they have permission from NE to detect the site and of course permsion from the landowner and take it from there.
However SSSI's are regularly damaged in many ways by third parties and a sizeable proportion are in a degraded condition. I recently visited a geological SSSI in Scotland which as a disused quarry, was being used for flytipping, dumping tyres, car racing and clay pigeon shooting and was in a right mess. Detecting would have not caused a problem in this instance and when i made Scottish Natural Heritage aware of the damage they told me that they would look into it and that the Clay Pigeon shooting was a known and accepted activity. However they did not realise that over the years the debris, in the form of flourescent clay fragments was covering large areas of the geological interest.
So not a straightfoward question.
Thanks Steve.
ReplyDeleteI think they may have changed the term OLD to Operations requiring Natural England's consent. Not sure as to what the actual difference is! Mark Harrison at English Heritage's advice was to ring 101. Will ask the Chief Inspector at my meeting what actually happens when you ring 101 as having rung them before about other stuff it seems a bit of a black hole!
'Operations requiring Natural England's consent (formerly known as 'operations likely to damage the special interest' (OLDs) or 'potentially damaging operations' (PDOs)
As part of a SSSI notification Natural England must provide a list of operations requiring Natural England's consent (in the past this list has been known as operations likely to damage the special interest or potentially damaging operations). None of the listed operations can be carried out or permitted without Natural England's prior written consent or the consent of another public body (provided that the other body has formally consulted Natural England first). This applies where a person wishes to undertake any of these operations themselves or plans to allow others to carry them out.
It is usually possible to carry out many of these operations in certain ways or at specific times of year, or on certain parts of the SSSI, without damaging the features of interest. Natural England can provide early advice and, where appropriate, issue a consent. In certain circumstances it will not be possible to consent to these operations, because they would damage the features of interest. Where possible Natural England will suggest alternatives which would enable a consent to be issued. To proceed without Natural England's consent may constitute an offence. If consent is refused, or if conditions are attached to it which are unacceptable to the owner or occupier, they may appeal to the Secretary of State for Environment, Food and Rural Affairs'
I'll be honest and would also say even thinking about phoning 101 or having a chat with whoever was doing just seems a bit odd as there is a part of me that thinks it's only land but then reading about the actual SSSI I had in mind then one understands why it's not 'just land'. Not sure if more signage and education would help.
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