This Briefing Note provides a summary of the protection and licencing arrangements for some protected species. In specific instances reference should be made to the law and detailed guidance or contact us for further advice.
Bats
All British Bats are protected by section 9 of the Wildlife and Countryside Act and are listed on Schedule 5, and also provisions of the Conservation (Natural Habitats) Regulations 1994. This makes it an offence to kill, injure or take bats and to possess or control any live or dead bat unless specially exempted. The legislation also protects structures or places bats use for shelter or protection making it an offence to damage, destroy or obstruct access to such places as well as to disturb bats while they are using such places. Where development is permitted and disturbance to bats or their roosts is a consequence, a 'development' licence can be granted by the Department for Environment, Food and Rural Affairs providing there is no satisfactory alternative and the action will not be detrimental to maintenance of the bat species populations. The application form and procedures are complex and require a method statement to demonstrate that mitigation proposed will be effective and monitored.
Birds
The Wildlife and Countryside Act protects wild birds, their nests and eggs and some species are afforded special protection with increased penalties. Game birds are covered by other legislation. It is an offence, with certain exceptions, to intentionally: kill, injure or take any wild bird; and to take, damage or destroy the nest of any wild bird while in use or being built. The best way to avoid an offence under the legislation is not to undertake works in areas where nesting birds might occur during the nesting season, unless a survey has been undertaken to check for the presence or absence of nesting birds. The nesting season is generally taken as March to July inclusive although some birds can continue to nest through August and even September.
Newts and Great Crested Newt
The two common newt species have no special protection but the Great Crested Newt is a European protected species and under the Conservation (Natural Habitats) Regulations 1994 it is an offence to intentionally kill, injure, disturb or take a great crested newt or its eggs or to damage, destroy or obstruct access to any structure or place used for shelter or protection by a great crested newt, or their breeding or resting places. As with bats, where development is permitted and disturbance to bats or their roosts is a consequence, a licence can be granted by the Department for Environment, Food and Rural Affairs providing there is no satisfactory alternative and the action will not be detrimental to maintenance of the population of great crested newts. The application form and procedures are complex and require a method statement to demonstrate that mitigation proposed will be effective and monitored.
Reptiles
All reptiles have some measure of protection. The European protected species, sand lizard and smooth snake have similar protection to the great crested newt (see above). Activities that might affect these species would be an offence unless licenced in the same way as for great crested newts. The commoner species, slow-worm, common lizard, grass snake and adder are protected against intentional killing and injuring. This means that they can be carefully collected up and transferred to another location without a licence if you wish to develop a site on which they occur. This is not as easy as it sounds. Reptiles are difficult to find and need specialised techniques if they are to be captured without injury. The new site also needs to be safe and to be capable of accepting numbers of new reptiles without disturbing existing populations.
Badgers
The Protection of Badgers of Act 1992 makes it an offence to wilfully kill, injure, take, possess or cruelly ill-treat a badger, or attempt to do so; to intentionally or recklessly interfere with a badger, or to attempt to do so; and to intentionally or recklessly interfere with a sett. Where matters relating to badgers have been considered during a planning application, and permission is granted, English Nature may issue a licence to interfere with setts for development purposes. Licences are not issued to capture badgers. |