Bats
Legislation for Bat Species Protection
All bat species listed on Schedule 2 of Habitats Regulations 2010 (as amended). Regulation 41 prohibits:
Deliberate killing, injuring or capturing of Schedule 2 species (e.g. All bats).
Deliberate disturbance of bat species in such a way as:
a) To impair their ability to survive, breed, or reproduce, or to rear or nurture young;
b) To impair their ability to hibernate or migrate;
c) To affect significantly the local distribution or abundance of the species.
Damage or destruction of a breeding site or resting place.
Bats are also listed on Schedule 5 of the Wildlife and Countryside Act 1981 and are afforded protection against the following:
Intentional or reckless disturbance (at any level).
Intentional or reckless obstruction of access to any place of shelter or protection.
Development activities such as building renovations or demolition and tree pruning or felling could result in the damage, modification or destruction of bat roosts or disturbance to bats.
Badgers
Legislation for Badger Protection
Badgers Meles meles are protected under The Protection of Badgers Act 1992, which makes it an offence to:
Wilfully kill, injure, take, or attempt to kill, injure or take a badger.
Cruelly ill-treat a badger, including use of tongs and digging.
Possess or control a dead badger or any part thereof.
Intentionally or recklessly damage, destroy or obstruct access to a badger sett or any part thereof.
Intentionally or recklessly disturb a badger when it is occupying a badger sett.
Intentionally or recklessly cause a dog to enter a badger sett.
Sell or offers for sale, possesses or has under his control, a live badger.
Badger setts can extend 30m underground and therefore development activities within 30m of an identified active badger sett, particularly those which involve proposed earthworks, could result in damage, destruction or obstruction of badger setts and disturbance to badgers.
Otters
Legislation for Otter Protection
Otters Lutra lutra are listed on Schedule 2 of the Habitats Regulations 2010 (as amended). Regulation 41 prohibits:
Deliberate killing, injuring or capturing of Schedule 2 species.
Deliberate disturbance of species in such a way as:
a) To impair their ability to survive, breed, or reproduce, or to rear or nurture young;
b) To impair their ability to migrate;
c) To affect significantly the local distribution or abundance of the species.
Damage or destruction of a breeding site or resting place.
Otters are also listed under Schedule 5 of the Wildlife and Countryside Act 1981, protecting otters from:
Intentional or reckless disturbance (at any level).
Intentional or reckless obstruction of access to any place of shelter or protection.
Otters inhabit watercourses and surrounding riparian habitats. They breed in holts which are created in places such as natural rock crevices, under tree roots and in gaps in a riverbank. Development activities such as tree felling, vegetation clearance and excavations could damage or destroy a holt and disturb, injure or kill breeding otter.
Water Voles
Legislation for Water Vole Protection
The water vole Arvicola amphibius is fully protected under Schedule 5 of the Wildlife and Countryside Act 1981. This makes it an offence to:
Intentionally kill, injure or take (capture) water voles.
Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection.
Intentionally or recklessly disturb water voles while they are occupying a structure or place used for shelter or protection.
Water voles inhabit watercourses and riparian habitats, creating a network of burrows. Development activities such as vegetation clearance and excavations could result in the damage, destruction or obstruction of burrows and could result in the disturbance, injury or killing of water voles.
Reptiles
Legislation for Reptile Species Protection
The sand lizard Lacerta agilis and smooth snake Coronella austriaca receive full protection under Habitats Regulations 2010 (as amended) through their inclusion on Schedule 2. Regulation 41 prohibits:
Deliberate killing, injuring or capturing of Schedule 2 species
Deliberate disturbance of species in such a way as:
a) To impair their ability to survive, breed, or reproduce, or to rear or nurture young;
b) To impair their ability to hibernate or migrate;
c) To affect significantly the local distribution or abundance of the species.
Damage or destruction of a breeding site or resting place
These species are also listed on Schedule 5 of the Wildlife and Countryside Act 1981 and they are additionally protected from:
Intentional or reckless disturbance (at any level).
Intentional or reckless obstruction of access to any place of shelter or protection.
Selling, offering or exposing for sale, possession or transporting for purpose of sale.
Other native species of reptiles are protected solely under Schedule 5, Section 9(1) & (5) of the Wildlife and Countryside Act 1981, i.e. the adder Vipera berus, grass snake Natrix helvetica, common lizard Zootoca vivipara and slow-worm Anguis fragilis. It is prohibited to:
Intentionally or recklessly kill or injure these species.
Development activities such as vegetation clearance, dismantling of refugia and excavations could result in the loss of breeding sites or resting places or the disturbance, injury or killing of reptiles.