New laws to protect animals and habitats

NEW legislation which seeks to strengthen conservation measures relating to European Protected Species and their habitats came into place on 21 August 2007.

The changes have been ordered by the EU in an effort to tighten UK regulation and close any loopholes which might conceivably allow offenders to avoid prosecution by claiming incidental damage.

Strict enforcement of the new legislation is likely, with prosecution penalties ranging from fines of up to £5,000 to a six-month prison sentence.

‘Developers, utility companies and other land users need to be aware of these changes,’ said Jon Abbatt, development sector manager with independent science-based research consultancy ADAS.

‘No longer will it prove an adequate defence to suggest that damage to any European Protected Species or their habitat was accidental, or down to the fact that the person concerned had no knowledge of the existence of a species on a specific site.

‘Given the growing list of species of both plants and animals now classified as protected, no area can be designated as ‘safe’ without a detailed survey,’ he said.

The types of animals classified as European Protected Species and most likely to be encountered in the UK include several types of bat, otters, dormice, water voles, great crested newts, natterjack toads and some butterflies.

However, while the presence of protected species can prove problematical, this need not completely rule out development or other planned work. According to Mr Abbatt, solutions can be delivered that mitigate for the impact of the development and may even result in improved habitats.