In late November 2019 Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate, South Lanarkshire, after receiving what it described as “clear evidence” of wildlife crimes from Police Scotland (see here, here and here).
Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was given the power to impose a General Licence restriction on estates or individuals in Scotland). SNH has also claimed that ‘wild birds’ nests have also been disturbed’, although there is no further detail on this. The estate has consistently denied responsibility.
[The body of a shot short-eared owl that was found shoved under some heather on Leadhills Estate in May 2017. Photo by RSPB Scotland]
The General Licence restriction was imposed on Leadhills Estate on 26 November 2019.
It lasted for just 14 days.
On 10 December 2019, a notice appeared on SNH’s website announcing that the restriction had been lifted due to an on-going appeal:
This means that Leadhills Estate can, until further notice, go back to using General Licences 1, 2 & 3 to lawfully kill hundreds if not thousands of certain bird species (e.g. crows) on the estate without having to report its activities to anybody.
Leadhills Estate is perfectly entitled to appeal SNH’s decision to impose the General Licence restriction. SNH has a clearly-explained policy on its appeals procedure, which states an appeal must be made within 14 days of SNH’s decision to impose the restriction and that appeal must be in writing. From the information available in the public domain it looks like Leadhills Estate has met this deadline.
An appeal has the immediate effect of suspending the General Licence restriction from the date SNH receives the appeal letter. SNH now has to consider the appeal and must notify the estate of the appeal outcome in writing, setting out the reasons behind the decision. SNH says it will seek do this within four weeks of receiving the appeal letter.
We’ll be monitoring this case very carefully.
There’s quite a lot of deja vu going on here. You might remember that Raeshaw Estate (Scottish Borders) was one of the first to be slapped with a General Licence restriction back in November 2015 (see here). That restriction only lasted for six days before the estate appealed (see here). The appeal failed and two and half months later the General Licence restriction was re-imposed on the estate (see here).
However, a couple of months later the General Licence restriction was suspended again when Raeshaw Estate took SNH to judicial review (see here). Raeshaw lost the judicial review when the court decided SNH had acted fairly so the General Licence restriction was re-instated on the estate, again, approximately one year later (see here). Interestingly, SNH did not backdate the restriction order so effectively Raeshaw Estate didn’t serve a full three-year restriction at all, thanks to all the legal disruption.
During this time Raeshaw employees also applied for individual licences to permit the continued killing of birds on the estate (e.g. 1,000 birds reported killed under one of these licences, see here), but then even the individual licence was revoked after SNH found ‘multiple instances of breaches of conditions of an individual licence that had been granted to cover essential management activities‘ (see here). SNH also said ‘These breaches may also constitute offences under the Wildlife and Countryside Act, so SNH has reported the details to Police Scotland‘. We’re not aware of any pending prosecution in relation to these alleged offences. And SNH chose not to extend the General Licence restriction further, in light of these breaches, even though it had the powers to do so (see here).
The link between Raeshaw Estate and Leadhills Estate, apart from them both being grouse shooting estates and the subject of a General Licence restriction for ‘clear evidence of wildlife crime’? Leading sporting agent and grouse moor ‘guru’ Mark Osborne, whose company J M Osborne & Co is believed to be involved at both estates (involved as in ‘present’, not involved as in ‘guilty of wildlife crime’ – SNH has made clear that a General Licence restriction does not infer responsibility for the commission of crimes on any individuals).
Also of interest, to us at least, is the ownership of Leadhills Estate, which has belonged to the same family (the Hopetouns) for more than 300 years, according to the estate’s website:
It’s also of great interest that not only is Leadhills Estate a member of Scottish Land & Estates (who, incidentally, have said absolutely nothing about this General Licence restriction so far), but that Lord Hopetoun is chair of Scottish Land & Estate’s Scottish Moorland Group:
If Leadhills Estate’s appeal fails and SNH re-instates the General Licence restriction, we’ll be expecting a full response from both Scottish Land & Estates and the Scottish Moorland Group.
UPDATE 9 January 2020: Decision due on General Licence restriction for Leadhills Estate (here)
16 thoughts on “SNH reinstates General Licence use on Leadhills Estate during appeal process”
The back pedalling starts here….
‘Interestingly, SNH did not backdate the restriction order so effectively Raeshaw Estate didn’t serve a full three-year restriction at all, thanks to all the legal disruption’.
FFS! (Otherwise speechless!)
Shocking exploitation of legal system and if this is legal it surely needs fixing, with the appropriate legislation being rapidly brought forward. These baxxxxds are laughing at us and must be stopped.
Will these estates be able to bypass legal and safe protests on these moors during their shooting season quite so easily?
Leaving estate workers unable to kill and maim anything for two weeks must surely be construed as cruel and unusual punishment and may even be in contravention of their human rights. I am glad that the full force of the law was brought to bear on this heinous action by SNH.
I was near Leadhills watching a Short Eared Owl on a heather hillside in May 92 when a quad bike roared up with man and shotgun. He was clearly scouring the hillside when he saw us with binoculars and cleared off. In those days we had no idea why or what he could be shooting in May. This slaughter has been going on for such a long time, unpunished and accepted by the local community. Shocking.
Where do we go from here, now that the Tories have total rule? It’s going to be an even sadder future for our wildlife.
“now that the Tories have total rule” What, EXACTLY, is the point of telling lies about who has ‘total rule’ regarding SNH and South Lanarkshire?
Yeah bloody depressing!! However, maybe more organisations will realize they need to go on the offensive rather than wring hands. In some respects rank and file tory supporters who don’t shoot the grice or went to Eton should be more against DGs than anybody else – it receives public money on highly questionable and blatantly fraudulent (subsidy is not for agricultural purposes) grounds plus it’s suppressing other forms of private enterprise potentially better for local communities and the environment. We have plenty of ammunition, but it’s not being used by enough people yet. They have to now.
Brexit here we go so subsidies may not be so forthcoming for non agri use.
It is a common element of many laws: the right of appeal to a revoked licence. The same exists under most food law. For example, a slaughterhouse can continue to operate when the revocation of the licence is under appeal. However, the enforcement authority can impose conditions on the operation (eg greater supervision, slower rate of operation) pending the appeal. I don’t whether similar powers apply in these circumstances but if they do they ought to be used.
Only this last week the Border News on ITV reported that a Hen Harrier had been found shot dead near Wanlockhead. It is very close proximity to the Leadhills Estate.
I`m convinced there are two types of homo sapiens; There are those who come here to planet Earth as a tourist and spend the money to plunder everything for fun! and those that are natives that are hurting at the loss of all the creatures that we share planet with and who know that without them….. we all perish