Wildlife and Law

• Wilfully kill, injure, take, possess or cruelly treat a badger – or attempt to do so
• Intentionally or recklessly damage, destroy or obstruct access to a Badger sett (whether or not there is a Badger in it at the time)
• Disturb a Badger while it is occupying a sett
• Sell, keep or mark a healthy Badger or possess any dead badger or part thereof

Under the legislation not only setts are protected, but “ any structure or place which displays signs indicating current use by a badger ”. In addition to a more “ traditional ” sett, this can include parts of buildings, outbuildings, sheds, culverts, hollow trees etc.

Licensing for Development

Where development will interfere with a sett, an SNCO Badger Licence must be obtained from Natural England or the relevant SNCO. This will be granted only to a suitably-qualified ecologist and will depend on the evidence of adequate surveys and mitigation plans. Interfering with a badger sett includes damaging or destroying a sett, obstructing any entrance to a sett and disturbing a badger when it is occupying a sett licences can take up to 15 days or more to be granted by SNCOs.

Bats

Legal Protection

Without a European Protected Species Licence (EPSL), it is illegal to kill, injure, or disturb bats or to damage, destroy or obstruct bat roosts (whether occupied or not). Under the Wildlife and Countryside Act 1981 and the Habitats Regulation 1994 it is illegal to:

• Intentionally or deliberately kill, injure or capture bats
• Intentionally, deliberately or recklessly disturb bats
• Intentionally, deliberately or recklessly damage, destroy or obstruct any place used for shelter or protection, ie bat roosts (even if they are not currently occupied)
• Possess, sell or transport a bat, or anything derived from it.

The legislation applies to both adult and young bats.

Under the Habitat Regulation 1994 bat feeding areas receive legal protection where they have been designated as SACs. However, there may also be other, non-designated but important feeding habitats that should be safeguarded from destruction.

Licensing for development

Under the Habitats Regulation 1994 before any development works that will impact on bats or bat roosts can be carried out, a European Protected Species Licence must be obtained from Natural England, Countryside Council for Wales or Scottish Natural Heritage. Applications will require evidence of surveys and mitigation. Licences can take up to 30 days or more to be gained.

For an information sheet about EPSL's please e-mail us on info@acornecology.co.uk

Reptiles

Legal Protection

All native British reptiles are protected against intentional killing and injury under the Wildlife and Countryside Act 1981 (as amended) .

Furthermore the sand lizard and smooth snake are fully protected under the Wildlife and Countryside Act 1981 (as amended) and the Habitats Regulations 1994 , making it illegal to:

• Deliberately or intentionally kill, capture or injure sand lizard or smooth snakes
• Deliberately or intentionally or recklessly disturb sand lizards or smooth snakes
• Deliberately or intentionally or recklessly damage, destroy or obstruct a breeding site, resting place or other place used for shelter and protection
• Take or Destroy eggs
• Keep, Sell, or exchange sand lizards or smooth snakes (or their eggs).

In England, Scotland and Wales, slow-worm, common lizard, adder and grass snake are also protected against killing, injury or sale, barter or exchange, but their habitats or places of shelter are not specifically protected.

Licensing for Development

In England , Scotland and Wales , a development licence (EPSL) must be obtained from Natural England, Countryside Council for Wales or Scottish Natural Heritage before undertaking any development works that will affect sand lizards and smooth snakes or their habitat. Licences will be granted only to suitably experienced persons and will depend on evidence of adequate surveys and mitigation plans. Licenses take 30 days or more to be granted.

For Development sites in England, Wales or Scotland, to avoid prosecution under the Wildlife and Countryside Act 1981 (as amended) , wherever works will impact on slow worms, common lizards, adders and/or grass snakes there must be evidence that every reasonable effort was made to avoid breaking the law – including proof of adequate surveys and mitigation plans. Mitigation measures should, ideally, be agreed with the relevant SNCO

Hedgerows

Legal Protection

In England and Wales hedgerows are protected under the Hedgerow Regulation 1997 which require landowners and/ or tenants to submit a hedgerow removal notice to the LPA.

• For important hedgerows, LPA will issue a “hedgerow retention notice”, requiring the hedge to be preserved
• It is a criminal offence to remove a hedgerow without submitting a notice to the LPA and waiting for the decision. The regulations do not apply to hedges around private dwellings or where planning permission has been granted for a project that includes hedge removal.
• Individual trees (and Hedges) can be protected by Tree preservation Orders (TPOs)
• Hedgerows and individual trees can also be protected where they are within and SSSI, national nature reserve, local nature reserve or other protected area.
• Hedgerows may contain plants which are protected under the Wildlife and Countryside Act 1981 . it is an offence to intentionally pick, uproot or destroy these plants species without a licence.
• It is an offence to uproot any wild plant without the landowner's permission.
• A number of protected animal species are associated with hedgerows and trees. These include several bat species, which roost in cavities in trees, dormice, badger, reptiles such as adder, grass snake, slow worm and common lizard plus a wide range of nesting birds.

Birds

Legal Protection

All wild birds (ie resident visiting and introduced species) in the UK are protected by law under the wildlife and Countryside Act 1981 (as amended) making it illegal to:

• Kill, injure or take any wild bird
• Take, damage or destroy the nest of any wild bird while it is being built or in use
• Take or destroy the eggs of any wild bird
• Possess or control (eg for exhibition or sale) any wild bird or egg unless obtained legally.

To avoid committing an offence, no works should be carried out on a structure/feature that is being used by nestin birds. Nesting is deemed to be over when the young are fully fledged.

Wild bird that are found injured may be captured or humanely killed.

Certain species of bird which are listed on Schedule 1 of the Wildife and Countryside Act receive special protection. In these cases any form of intentional or recless disturbance when when they are nesting or rearing dependant young, constitues an offence.

Licensing for development

There is no provision for SNCOs to issue licences for development works that impact on birds. To avoid prosecution, it must be shown that all reasonable effort was made to avoid breaking the law. This requires adequate surveys and mitigation plans before undertaking any works that will impact on birds. Natural England should be consulted.
 
Dormice

Legal Protection

Dormice and their habitat are fully protected under the Wildlife and Countryside Act 1981 (as amended) and the Habitat Regulations 1994 , making it illegal to:

• Intentionally or deliberately kill, injure or capture dormice.
• Intentionally, deliberately or recklessly disturb dormice.
• Intentionally, deliberately or recklessly damage destroy or obstruct breeding or resting sites or places used for shelter or protection (whether occupied or not)
• Possess or transport a dormouse (or any part thereof) unless under licence.
• Sell or exchange dormice.

This legislation applies to both adult and juvenile dormice.

Licensing for Development

Before conducting any development or mitigation works that will affect dormice or their habitat, a development licence (EPSL) must first be obtained from Natural England, Countryside Council for Wales or Scottish Natural Heritage. These will be granted only to a suitably-qualified ecologist and will depend on evidence of adequate surveys and mitigation plans. Licences can take 30 days or more to be granted.

Great Crested Newt

Legal protection

Without a development licence (EPSL), it is illegal to kill, injure or disturb GCN or to damage, destroy or obstruct places they use for shelter or protection.

• The EA or SEPA must be consulted wherever works may impact on wetlands and watercourses. Consent may be required.
• Great Crested Newts and their habitat are fully protected under the Wildlife and Countryside Act 1981 (as amended), and the Habitat Regulations 1994.

It is illegal to:

• Intentionally or deliberately capture, kill or injure great crested newts
• Intentionally, deliberately or recklessly damage destroy or obstruct access to any place used for shelter or protection, including resting or breeding places (occupied or not).
• Deliberately, intentionally or recklessly disturb great crested newts when in a place of shelter
• Sell, barter or exchange or transport or transport or offer for sale great crested newts or parts of them.

Legislation covers all life stages: eggs, larvae, juveniles and adults.

Licensing for Development

Before undertaking and development or mitigation works that will affect great crested newts or certain parts of their habitat, a development licence must first be obtained from Natural England, Countryside Council for Wales or Scottish Natural Heritage. This will be granted only to a suitably-experienced person and will depend on evidence of adequate surveys and mitigation plans. Licences take 30 days or more to be granted.

Otter

Legal Protection

Without a development licence (EPSL) it is an offence to kill, injure or disturb otters or to damage, destroy or obstruct places used for shelter or protection.

Details of the legislation are as follows:

Otters and their habitat are fully protected under the Wildlife and Countryside Act 1981 (as amended) and the Habitats Regulation 1994 .

It is an offence to:

• Intentionally or deliberately kill, injure or capture Otters
• Intentionally or recklessly disturb otters.
• Intentionally or recklessly damage, destroy or obstruct breeding or resting sites or places used for shelter or protection (holts, couches etc) – whether occupied or not.
• Possess or transport an otter (or any part thereof) unless under licence
• Sell or Exchange Otters

Licensing for Development

Before undertaking any development or mitigation works that will impact on otters or any structures or places they use for shelter or protection, a development licence must be obtained from Natural England, Countryside Council for Wales or Scottish Natural Heritage. These will be granted only to a suitably-qualified person and will depend on evidence of adequate surveys and mitigation plans. Licences can take 30 days or more to be granted.

Water Voles

Legal Protection

The law regarding water voles was strengthened in April 2008 when the Wildlife and Countryside Act, 1981 was amended. It is nows an offence to:

• Kill, injure or take a water vole.
• Intentionally or recklessly damage or destroy it's place of shelter e.g. a burrow.
• Intentionally or recklessly disturb  a water vole when it is occupying a place of shelter
• Sell, buy or possess a water vole.

Licensing for development

The EA or SEPA must be consulted wherever works affect watercourses or wetlands. In many cases, consent will be required before works can go ahead.

There is no provision for SNCOs to issue licences permitting development or maintenance works affecting water voles. In order to avoid prosecution, it must be shown that all reasonable effort was made to avoid breaking the law. This requires evidence of adequate surveys and mitigation. As they are not a European Protected Species there is no requirement for Defra or the WA to issue a licence.

White-Clawed Crayfish

Legal Protection

“Taking” or capture of white-clawed crayfish is an offence unless done under a conservation license. Because crayfish spend the daytime sheltering among boulders, tree roots and in crevices (including man-made structures such as gabion baskets, bridges and walls) “taking” can very easily occur during engineering or routine maintenance works on watercourses and associated structures and vegetation.

Under the Wildlife and Countryside Act 1981 (as amended) it is an offence to intentionally take (ie capture), sell, barter or exchange White-Clawed Crayfish.

Controlled waters (rivers, streams, canals, groundwater's, coastal and territorial waters) are protected against pollution under the Water Resources Act 1991 . Under this Act and the Land Drainage Act 1991 , any works within 8m of a main river bank or flood-bank, or works that affect flow in any watercourse, require formal consent from EA or SEPA.

Under the Habitat Regulation 1994 , special areas of conservation (SACs) have been designed for the White-Clawed Crayfish. Works within these areas must be agreed with the relevant SNCO.

Licensing for Development

The EA or SEPA must be consulted wherever works affect watercourses or wetlands. Consent may be required.

A conservation licence should be obtained from EN before conducting any development works that could impact on white-clawed crayfish.

Conservation licences can be granted as long as a development activity is “properly planned and executed and thereby contributes to the conservation of the population”.

A conservation licence to capture white-clawed crayfish and remove them from a site will be granted only to a suitably-experienced person and then only if there is evidence of adequate surveys and mitigation plans, licences take 15 days or more to be granted.

Invasive Plants

Legal Situation

Section 14(2) of the Wildlife and Countryside Act 1981 prohibits the planting of certain species in the wild or otherwise causing them to grow there. Prohibited plants are listed on part 11 of schedule 9, and include Japanese Knotweed (Polygonum Cuspidatum) and Giant Hogweed (Heracleum Mantegazzianum)

• It is not an offence to have these plants growing on your land or land that you have an interest in.
• It is an offence to plant or otherwise to cause these species to grow in the wild. In effect this means that if they are growing on your site and there is danger of construction-related activities spreading them, either within or without the project area, then it is essential to put measures in place to stop this from happening.
• Some native species of plant, Common Ragwort for example, can cause problems for farmers, horse owners or other neighbours of development projects and are termed notifiable weeds under the Weeds Act 1959 . You may be required to control these plants.

Japanese Knotweed is extremely vigorous and once established it is difficult to eradicate. It is easily spread to new areas by earth moving or disposal of cut waste.

In the winter it is not visible above ground although the dead stems, which resemble a reddish brown bamboo, are often obvious. In the spring it emerges and by the summer has normally achieved a height of 2-3m. The leaves are shaped like a shield with a small pointed tip and are bright green, though are often reddish then they first emerge.

Giant hogweed can take four years to flower but when it does so it is unmistakable – up to 5m tall and with large umbels of flowers on top of each stem, rather like a giant version of cow parsley. It produces poisonous sap that can blister skin.

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