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, 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. 

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.

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.

• 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.
   

• EU Directives: for lists of birds protected under European legislation visit the annexes 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.

• Felling licences
   
• Hedgerow trees and trees in fields