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From Cambria Magazine - Comment

After reading the Press Release dated 14th February regarding what is happening in the ancient Kingdom of Cambria, it seems that we in the ancient Kingdom of Dalriada are not on our own after all!

The Subject is: Wind Farms, The Wildlife & Countryside Act 1981 and Associated International Legislation, Scottish National Park Boundaries, and Political Expediency In Relation To These Issues. Bird Swatters, Grim Reapers Of The Air

The highly topical issue of producing electricity by wind powered turbines is becoming a major concern for many country people throughout the length and breadth of the UK. The marketing and promotion of wind energy is all geared to depicting it as a 'Green Source of Energy', whereas it is becoming apparent that this is not a true characterisation. Indeed, I and others, are coming to the conclusion that in some cases the use of these turbines may be both illegal and damaging.

Currently the Argyll & Bute Regional Council are considering an application by Scottish Power for the construction of a wind farm on land owned by the Forestry Authority. The site is in the Inverliever Forest, with the intended construction to be high on a ridge overlooking Loch Awe and Loch Avich. Obviously, the turbines, 22 in number and 93 metres high, will dominate the landscape of the area. The Environmental Impact Assessment drawn up by the applicants indicates that Schedule 1, or Annex 1 (the highest protection level afforded by current legislation) species of birds will be under threat from the development, indeed, some will certainly be killed. Those mentioned include Golden Eagle, Osprey, Red Throated Diver and Hen Harrier.

I have made direct approaches to Government Organisations and Non Statutory Conservationist Organisations with this simple question: Which British Law Allows For The Killing of Internationally Protected Birds Without Requiring A Licence From The Government To Do So ? None have been able to give me an answer.

I must therefore conclude that no such Law exists. The Scottish Natural Heritage / Scottish Office publication, 'Scotland's Wildlife: The Law and You' states quite clearly that to kill, disturb or displace any Schedule 1 species is a very serious and illegal offence. Furthermore, even if a restricted licence is issued to kill a particular species, over a limited time period, certain methods are banned and deemed to be a criminal as they are cruel or Indiscriminate. One of these methods is Electrical Devices. It further states that: Anyone who knowingly permits the use of one of the prohibited methods is guilty of an offence as well as the person using it.

My interpretation of the above is that : A Wind Turbine is an electrical device, it is non-selective and is known to kill birds indiscriminately. For the Developer to place it in a position where it is sure to kill Schedule 1 protected birds (by his own admission) is therefore an illegal act. Anyone who knowingly permits the use of such a device would also be guilty of an offence, be they Land Owner, Tenant, or a Council granting of Planning Permission.

There is no Licence available to cover such an act in British Wildlife Law. In the case of Inverliever this could well be 22 offences, one for each turbine. Or if the count is for each bird killed, a 'fly through' of Whooper Swans or even Field Fares (both Schedule 1) could prove very expensive indeed, imprisonment is the maximum penalty in England, Wales, and also now in Scotland.

Until recently all of the presented evidence of bird mortality caused by Wind Turbines pointed to a very low number being killed. However, new studies by Environmentalist Mark Duchamp* and confirmed by the Scientific AttachE9* to the Belgian Institute of Nature Conservation, shows that four major studies in Spain and the United States, previously used to produce guideline figures, have been seriously flawed, with the true casualties grossly understated or even suppressed. It is high time that the British Government and the EU funded some long term Scientific Investigation into this issue.

The excellent work done by Scientists working for the Game Conservancy Trust, David Bains and Mark Andrew*, in their studies on Woodland Grouse species mortality caused by Deer fences, would provide the lead in tried and tested study techniques. Further, there has been much discussion in Scotland recently over the matter of boundaries drawn up for the new National Parks. The latest, Cairngorm, involves boundaries running over the tops of mountains in places, such that one side is protected, while the other is not. When the Lomond Park boundaries were laid out I could not understand why most of this area of Argyll was left out. It is a beautiful area and to me it made sense to include it in the plan. It would have brought funding and work into a seriously under-funded part of the country. It was only after the designation that I came to realise that areas outside the Parks were apparently ear-marked for development. The Loch Awe Catchment area has suddenly become a prime site for Wind Farm Development applications. Not just one, but several. It seems the beauty of the landscape and some of our most vulnerable wildlife no longer matters.

I listen to politicians talking about what a wonderful job they are doing by protecting the environment within the new park boundaries. In reality, I think that they are being very clever and their real motive is to open up all of the non-protected areas for industrial development, using the parks as mitigation in any arguments. Such is the impact of these colossal wind farms in such unsuitable settings that the Inverliever site has come to the attention of Virginia Mckenna of the Born Free Foundation, also of Sir Sean Connery, both of whom have told us that they are most concerned.

Comment by Karl Talbott Pipes