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Natural Environment and Rural Communities Bill

moved Amendment No. 290:"Page 17, line 15, at end insert ““if there is evidence that the nest was constructed or used within the preceding five years””" The noble Earl said: The amendment attempts to define the meaning of the word ““nest”” in this part of the Bill, which refers to the 1981 Act. The birds included in the Bill that reuse their nests are the golden and white-tailed eagle and osprey. The Government have the power to extend the list, and could cover such ground nesting birds as hen harriers or merlins. Such birds tend to return to the same area to nest, but do not necessarily use the same specific nest site. The same applies to the golden eagle. I know of one golden eagle nest in Scotland, where the birds nested for three or four years. Sometimes there is a build-up of parasites in the nest and the birds might move to another site, but it may possibly come back to the original nest site. I can see a situation possibly arising where relatively large tracts of heather moorland—I declare an interest as somebody who owns and manages heather moorland in the north of England—could become permanently protected under the Bill, thus prohibiting large areas of heather from being burned because of the protection of nests in that area. In reality, however, if a previous nest has been burnt out or ceased to exist for whatever reason, birds such as merlins and hen harriers will, like most other ground-nesting species, happily readjust and find a nest site nearby. It is important not to be over-restrictive, given the importance of heather burning as a key ingredient of good moor management. The amendment simply tries to bring a reasonable time limit to the restriction. I beg to move.