Species and Habitat
Badger (Meles meles)
Legal Protection
In the UK badgers are legally protected from harm under the Badgers Act 1992 and the Wildlife and Countryside Act 1981.
Legislation affords protection to badgers and their setts. Making it an offence to kill or injure a badger and damage, destroy or obstruct access to any entrance. Further it is an offence to disturb a badger while occupying a sett.
Any works likely to impact upon or disturb badgers will require a licence from Natural England.
Survey Timings
Optimal survey period is between February and April and then again in late autumn/early winter. During these times activity is at its peak and vegetation cover is minimal allowing maximum detection of field signs.
Surveys to identify the presence or absence of badgers can be undertaken at other times of the year but are more likely to miss evidence of activity and as such results may not be acceptable to statutory agencies.
Bats (Chiroptera)
Legal Protection
There are 17 known species of bats in the UK.
All species of bat and their roosts are fully protected under the Conservation (Natural Habitats, & c.) Regulations 1994 and the Wildlife and Countryside Act 1981 (as amended).
Seven species of bat are identified as priority species in the UK Biodiversity Action Plan and are considered as Species of Principal Importance for the Conservation of Biodiversity under Section 41 of the Natural Environment and Rural Communities Act 2006.
Four species of particular rarity in the UK are included in Annex II of the Council Directive on the conservation of natural habitats and of wild fauna and flora.
Taken together, the legislation makes it an offence to:
intentionally kill, injure or capture (take) bats;
recklessly disturb bats (whether in a roost or not); and/or
Damage, destroy or obstruct access to bats roosts.
A bat roost is considered to be any structure that a bat uses for protection or shelter. As bats frequently return to roosting sites year after year, a roost is legally protected whether bats are present or not (Mitchell-Jones 2004).
Any works likely to impact upon bats or their roosts will require a licence from Natural England.
Survey Timings
Optimal survey timing to determine the activity of roosting and foraging bats is generally, from April to September. It is noted however that timings will be different for different types of survey
Birds
Legal Protection
All wild birds are protected under the Wildlife and Countryside Act of 1981 (as amended) (WACA). They are protected from killing, injuring or taking. In addition it is an offence to intentionally take damage or destroy the nest of any wild bird while it is used or being built.
A number of species are also listed on Schedule 1 of WACA due to their increased need for protection. Schedule 1 birds are also protected from intentional or reckless disturbance in and around their nest, this includes any dependent young.
Survey Timings
Surveys for many resident species can be carried out at any time of the year but the optimum period is between March and September. This will however be dependent upon the species and weather conditions through the season.
Timings for wintering bird survey is between November and February.
Great Crested Newt (Triturus Cristatus)
Legal Protection
Great Crested Newts (GCN) are fully protected under Conservation (Natural Habitats, & c.) Regulations and the Wildlife and Countryside Act 1981(as amended).
GCN are identified as priority species in the UK Biodiversity Action Plan and are considered as Species of Principal Importance for the Conservation of Biodiversity under Section 41 of the Natural Environment and Rural Communities Act 2006.
Any works likely to impact upon them will require a licence from Natural England.
Survey Timings
The optimal timing for survey is between mid-March to mid-June (with two of the surveys required between mid-April and mid-May). This is the time GCN are most likely to be found in breeding ponds.
Otter (Lutra lutra)
The otter is fully protected under Conservation (Natural Habitats, & c.) Regulations 1994 and the Wildlife and Countryside Act 1981(as amended).
The otter is a priority species in the UK BAP and a Species of Principal Importance for the Conservation of Biodiversity under Section 41 of NERC Act 2006.
Survey Timings
Surveys for otter can be undertaken at any time of year. However this will be highly dependent upon bank-side vegetation which may restrict access to river banks in summer and also upon the weather and flow conditions in the river.
Reptiles
Legal Protection
There are six species of reptile native to the UK: Adder (Viper berus), grass snakes (Natrix natrix), smooth snake (Coronella austrica) and sand lizard (Lacerta agilis), common lizard (Lacerta vivipara) and slow worm (Anguis fragilis).
The smooth snake and the sand lizard are fully protected under the Conservation (Natural Habitats, & c.) Regulations 1994 and the Wildlife and Countryside Act 1981 (as amended).
The adder, slow worm, common lizard and grass snake are protected under the Wildlife and Countryside Act 1981 (as amended) from killing and injury.
All reptiles are considered Species of Principal Importance for the Conservation of Biodiversity under Section 41 of NERC Act 2006.
Timings
Optimal survey timing for presence/absence surveys is April, May and September. It may be possible to undertake surveys between these months but this will be dependent on weather conditions.
Water Vole (Arvicola terrestris)
Introduction
In April 2008 the water vole was afforded full protection under the Wildlife and countryside Act 1981(as amended). This makes it an offence inter alia to kill, injure, or take water vole from the wild. Further it is an offence to disturb, intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter.
The water vole is identified as a priority species in the UK Biodiversity Action Plan and is considered a Species of Principal Importance for the Conservation of Biodiversity under Section 41 of the Natural Environment and Rural Communities Act 2006.
A licence from Natural England may be required for works likely to impact upon water voles.
Timings
The optimal survey period for a water vole presence or absence survey is between March and June, but can be carried out until November.