Species protection takes many forms in the UK. The strongest is legal
protection, but protection through policy, such as the UK Biodiversity
Action Plan, may also carry weight.
If you are concerned about a wood or tree under threat, then information
about protected species which could be affected is vital. There are many
examples of proposed developments which have been stopped because of the
presence of great crested newts, or even a rare snail.
There are two main legislative frameworks for species protection in the
UK:
- the Wildlife and Countryside Act 1981
- European directives, namely the Habitats and Species Directive
and the Birds Directive
UK legislation
Protection of birds: the Wildlife and Countryside Act 1981
gives statutory protection to all wild birds and implements the United
Kingdom’s obligations under the EC Wild Birds Directive. Under
Section 1 of the Act it is an offence to intentionally kill, injure or
take any wild bird, take damage or destroy the nest of any wild bird
while that nest is in use or being built, or take or destroy an egg of
any wild bird.
It is also an offence to disturb any wild bird included in Schedule 1
Part II of the Act while it is building a nest or is in, on or near a
nest containing eggs or young, or to disturb the dependent young. It
is also an offence to be in possession or control of any bird or egg
or any derivative of a wild bird, or to sell such an item, unless it
can be shown that it was taken legally from the wild.
Certain birds, listed on Schedule 2 Part III, can be hunted during the
open season, without the need for a licence, but a licence is needed
to take them for any reason during the close season.
Protection of animals: under Section 9 of the 1981 Act it is
an offence to kill, take or injure certain animals, to be in
possession or control of any live or dead specimen or derivative, or
to sell it, if it cannot be shown to have been taken legally from the
wild. It can also be an offence to damage a place the animal uses for
shelter, or to disturb the animal. There is a list of the animals
covered in Schedule 5 Part II of the Act. All British bats are listed
in this schedule.
The
Protection of Badgers Act 1992 protects badgers from being
killed, injured, taken, baited and interfering with setts. Licences
for killing or taking can be granted by statutory nature conservation
agencies in certain circumstances. If you suspect badgers are being
interfered with, contact your local office to find out if a licence
has been issued.
Certain animals may not be killed or taken by certain methods listed
in schedule 6.
Protection of plants: plants listed under Schedule 8 of the
1981 Act are protected from picking, uprooting or destruction. It is
illegal to sell these species, or to offer them for sale, unless it
can be shown that the species in question was legally taken from the
wild.
The Countryside and Rights of Way Act (CROW) 2000:
this Act provides some additional species protection measures to the
Wildlife and Countryside Act, by making certain changes and additions
to it. These include the addition of “reckless” disturbance of
birds and animals being an offence, as well as the existing
“intentional” disturbance. It also gives greater powers of
enforcement of wildlife crime through powers of inspection to protect
those species of plant, animals and birds protected by the Wildlife
and Countryside Act.
The
Criminal Justice (Scotland) Act 2003 includes sections which
strengthen the Wildlife and Countryside Act 1981, including possible
custodial sentences for perpetrators of wildlife crime.
The Nature Conservation (Scotland) Bill is proposing further
steps. These include the addition of “reckless” disturbance of
birds and animals being an offence, as well as the existing
“intentional” disturbance.
The Habitats Directive
The Habitats Directive, Council Directive 92/43/EEC, is transposed
into national legislation via the
Conservation (Natural Habitats, &c.)
Regulations 1994. Certain animals listed in Annex IV(a) of the
Habitats Directive are listed on Schedule 2 of the 1994 Regulations
and it is an offence to deliberately capture, kill, take or disturb a
European protected species or to damage or destroy a breeding or
resting site of such an animal. Annex IV(a) (Schedule 2) animals
include all British bats, great crested newts and dormouse – which
are all species known to use ancient woodland.
Licences: it is an offence to handle many protected species,
such as those listed above in schedule 2 of the Habitat Regulations,
without a licence. For more information about licences contact
English Nature, Scottish Natural Heritage, Countryside Council for
Wales or the Environment and Heritage Service.
UK Biodiversity Action Plan (BAP)
The UK BAP resulted from the UK’s commitment to the
Convention on Biological Diversity 1992,
which came out of the Rio Earth Summit. While it does not form
specific legal protection for species and habitats it does highlight
many species of conservation concern. However, in England and Wales
the CROW Act puts a duty on all ministers to “further the purpose of
conserving biological diversity in accordance with the Convention” (Section 74 (1)).
A potentially powerful tool to ensure BAP species and habitats are
protected through the planning system but one that is yet to be fully
realised.
What you can do
If you are aware that a wood or tree under threat is home to protected
or BAP species, it is vital that this is brought to the attention of
English Nature, Scottish Natural Heritage, Countryside Council for
Wales or the Environment and Heritage Service in Northern Ireland. If
the wood or tree is ancient then let us know that it also contains
rare or protected species.
If such species are not recorded on the site, but you believe the site may
support them, it may be worth getting a professional survey of the
site carried out. Your local
wildlife trust
may be able to help with this.
Include information about any rare or protected species in your
submissions to the local planning authority.
Ancient trees and ancient woodland often contain colonies of bats and
other protected species. We believe that this is another reason that
all ancient woods and ancient trees should be protected as they may
contain protected or rare species which simply have not been recorded.
Find out more
- For one of the most definitive guides to wildlife law in the UK
on the web, visit the PAW (Partnership for Action against Wildlife
Crime) website - click
here.
- To see all the animals protected under schedule 5 of the
Wildlife and Countryside Act - click
here.
-
To see all the
plants protected under schedule 8 of the Wildlife and Countryside Act click
here
or click
here.
-
UK
Biodiversity Action Plan: to see all the species which have Species
Action Plans written for them
click here.
- For lists of plants and animals protected under European
Legislation
click
here and see Annexes 2, 4 and 5.
-
The Conservation (Natural Habitats, &c.) Regulations 1994 - click
here.
-
Criminal Justice (Scotland) Act 2003 - click
here.
-
Nature Conservation (Scotland) Bill [as introduced] -
click
here.
Related sections
Disclaimer.
This information is based on the experiences of the
Woodland Trust and Ancient Tree Forum in dealing with cases of woods
and trees under threat. While its content is intended to broaden
understanding of the process, the Woodland Trust and Ancient Tree
Forum do not accept liability for any errors or omissions or for any
loss arising from use of the information contained herein by other
parties. In any circumstances outside the knowledge and competence of
an individual, he or she should always seek advice from an appropriate
qualified professional such as a surveyor or solicitor depending on
the case. None of the information on this web-page is to be relied
upon as a statement of fact.
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