Minutes:
“Good evening, I would like to ask why Welwyn Hatfield Borough Council appears to be absolving responsibility in the case of Woolmer Green pond and would also ask for it to be designated a Local Nature Reserve.
It states in the recently submitted Local Plan "In Woolmer Green, the Borough Council will protect the playground, the community and village halls, the allotments, the ponds, the playing fields and the woodlands."
In the latest edition of WHLife I read, "Your Council's Action Plan includes the statement, "to protect and enhance the environment"
And, in the same edition, I also read that the Mayor, Cllr. Lynne Sparks, has as her theme: `Celebrating Welwyn Hatfield'. From the dedicated and passionate people who make the borough a better place to our environment and thriving economy.
I make that three reasons why this committee, and the Borough Council as a whole, should be concerned about Woolmer Green pond. True, there is the problem of the non-native species, crassula helmsii, invasion, but the seemingly adopted policy of 'let's wait and see' has resulted in the loss of most of the pondlife, including the dragonflies and the moorhens whilst the vegetation is fast taking over the area. May I also remind you that allowing the spread of the crassula is a criminal offence. We need something done and done quickly.
In anticipation, thank you. Judith Watson”
In response, the Chairman read the following answer to the question:-
1. “Why WHBC appears to be absolving responsibility in the case of Woolmer Green pond”
WHBC does not own this land and is therefore under no statutory duty to maintain it.
2. The Pond should be designated as a Local Nature Reserve
A local authority must have ownership of the land or have a lease or agreement in place with the owner in order to designate an area as a local nature reserve. As the owner has not been established WHBC is not in a position to consider this.
3. “The spread of the crassula is a criminal offence”
Under section 14 (2) of the Wildlife and Countryside Act 1981 and subject to the provision of that part “any person who plants, or otherwise causes to grow, any plant in the wild at a place outwith its native range is guilty of an offence”.
Crassula Helmsii (aka Australian Swamp Stonecrop otherwise known as New Zealand Pygmyweed) is such a plant and is contained within Schedule 9 to the Act and was added to the schedule by virtue of the Wildlife and Countryside Act 1981 (Variation of Schedule 9)(England and Wales) Order 2010.
Offences under section 14 carry a maximum penalty of a £5,000 fine and/or 6 months imprisonment on summary conviction (i.e. at Magistrates’ Court) and an unlimited fine (i.e. whatever the court feels to be commensurate with the offence) and/or 2 years imprisonment on indictment (i.e. at Crown Court).
WHBC has not caused the crassula to grow. Woolmer Green Parish Council through Grant Shapps MP contacted Defra for advice as to how to deal with this issue. The response from Defra is attached to this email.