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Legislation and Policy

Legislation and Policy Overview

This page summarises legislation and policy that are enforced across England and Wales in relation to biodiversity. 


Different legislation and policy may be applicable for Scotland and Northern Ireland which are not included here.

  

Local planning policy is referenced in the relevant ecological reports, where applicable.

  

International Legislation

International Conventions

The UK is a Contracting Party to numerous environmental conventions, the commonest form of international agreements to encourage a coordinated response to managing the environment. Key environmental conventions ratified in the UK include:

  • The Convention on Wetlands of International Importance especially as Waterfowl Habitat ('Ramsar Convention' or 'Wetlands Convention') - provides the only international mechanism for protecting sites of global importance;
  • The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention) - imposes legal obligations on contracting parties, protecting over 500 wild plant species and more than 1,000 wild animal species;
  • The Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention or CMS) - provides strict protection for endangered migratory species. The UK has currently ratified four legally binding Agreements under the convention relating to bats (EUROBATS), African-Eurasian migratory birds (AEWA), small cetaceans in the Baltic, Irish and North Seas (ASCOBANS) and albatrosses and petrels (ACAP) in addition to five Memorandum of Understanding (MoU) and is non-party range state to a further Agreement and a further MoU;
  • The Convention Concerning the Protection of the World Cultural and Natural Heritage (UNESCO World Heritage Convention) - seeks to protect both cultural and natural heritage;
  • The Convention on Biological Diversity (Biodiversity Convention or CBD) - provides a legal framework for biodiversity conservation. Within the UK, delivery of the CBD and the Strategic Plan for Biodiversity 2011-2020 is guided by the UK Post-2010 Biodiversity Framework.


The legal obligations of the multiple Conventions to which the UK is a Contracting Party are enacted through a suite of national environmental legislation. The most relevant are described in the following paragraphs.


The Conservation of Habitats and Species Regulations 2017

The Conservation of Habitats and Species Regulations 2017 aims to promote the maintenance of biodiversity by requiring the Secretary of State to take measures to maintain or restore wild species listed within the Regulations at a favourable conservation status in the UK. 


The Regulations make it an offence (subject to exceptions) to deliberately capture, kill, disturb, or trade in the animals listed in Schedule 2, or pick, collect, cut, uproot, destroy, or trade in the plants listed in Schedule 4. However, these actions can be made lawful through the granting of licenses by the appropriate authorities. Licenses may be granted for a number of purposes (such as science and education, conservation, preserving public health and safety), but only after the appropriate authority is satisfied that there are no satisfactory alternatives and that such actions will have no detrimental effect on wild population of the species concerned.


Post Brexit

The Secretary of State for the Environment, Food and Rural Affairs and Welsh Ministers have made changes to parts of the 2017 Regulations so that they operate effectively in England and Wales post Brexit (2019 Regulations). Most of these changes involved transferring functions from the European Commission to the appropriate authorities in England and Wales. All other processes or terms in the 2017 Regulations remain unchanged and existing guidance is still relevant. 


National Legislation (England and Wales)

Wildlife and Countryside Act 1981

The Wildlife and Countryside Act (WCA) 1981 (as amended) implements the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention 1979, implemented 1982) and implements the species protection requirements of EC Birds Directive 2009/147/EC on the conservation of wild birds in Great Britain (the birds Directive) in England and Wales. The WCA 1981 has been subject to a number of amendments, the most important of which are through the Countryside and Rights of Way (CRoW) Act (2000). 


Countryside and Rights of Way Act 2000

The protection of Sites of Special Scientific Interest (SSSIs), already established in the Wildlife and Countryside Act, is strengthened in this legislation. The Act also allows for prosecution of third parties that damage or destroy a SSSI in England or Wales. 


Hedgerow Regulations 1997

The Hedgerow Regulations 1997 are designed to protect ‘important’ countryside hedgerows in England and Wales. Importance is defined by whether the hedgerow (a) has existed for 30 years or more; or (b) satisfies at least one of the criteria listed in Part II of Schedule 1 of the Regulations. 


Under the Regulations, it is against the law to remove or destroy hedgerows on or adjacent to common land, village greens, SSSIs (including all terrestrial SACs, NNRs and SPAs), LNRs, land used for agriculture or forestry and land used for the keeping or breeding of horses, ponies or donkeys without the permission of the local authority. Hedgerows 'within or marking the boundary of the curtilage of a dwelling-house' are excluded.


Protection of Badgers Act 1992

This animal welfare legislation protects badgers and their setts in England and Wales, and makes it illegal to:

  • Wilfully capture, injure or kill a wild badger
  • Be in possession of a live or dead badger
  • Destroy or obstruct access to an active badger sett


Wild Mammals (Protection) Act 1996

All wild mammals in England and Wales are protected against intentional acts of cruelty under the above legislation. This makes it an offence to mutilate, kick, beat, nail or otherwise impale, stab, burn, stone, crush, drown, drag or asphyxiate any wild mammal with intent to inflict unnecessary suffering.


To avoid possible contravention, due care and attention should be taken when carrying out works (for example operations near burrows or nests) with the potential to affect any wild mammal in this way, regardless of whether they are legally protected through other conservation legislation or not.


National Legislation and Policy (England)

Environment Act 2021

This legislation requires developments in England to demonstrate a measurable net gain in biodiversity and sets a target of a minimum of 10% biodiversity net gain for all developments (excluding exemptions). It also stipulates that a management plan with a minimum 30-year term, should be adopted to ensure biodiversity net gain can be delivered.

   

The Environment Act also introduces Local Nature Recovery Strategies (LNRS), a new system of spatial strategies for nature, covering the whole of England. LNRS are to be prepared and published by the ‘responsible authority’, namely the local authority, mayoral authority or National Park authority whose area is, or is within, the strategy area, the Broads Authority or Natural England. Section 40 of the NERC Act (duty to conserve biodiversity) makes provision about the duties of public authorities in relation to LNRS. 


Natural Environment and Rural Communities Act 2006

This legislation enabled the amalgamation of English Nature with the Countryside Agency and the Department for Environment, Food & Rural Affairs' Rural Development Service to form a new agency called 'Natural England', which came into existence in October 2006.


The importance of biodiversity conservation was given a legal basis, requiring government departments to have regard for biodiversity in carrying out their functions, and to take positive steps to further the conservation of listed species and habitats. Local government was given a statutory duty to further the conservation and enhancement of SSSIs, both in carrying out operations, and in exercising decision-making functions.


Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006, requires all public bodies to have regard to biodiversity conservation when carrying out their functions. This is commonly referred to as the ‘biodiversity duty’. 


Section 41 of the Act requires the Secretary of State to publish a list of habitats and species which are of ‘principal importance for the conservation of biodiversity’. This list is intended to assist decision makers such as public bodies in implementing their duty under Section 40 of the Act. Under the Act these habitats and species are regarded as a material consideration in determining planning applications. A developer must show that their protection has been adequately addressed within a development proposal.


National Planning Policy Framework 2025

The National Planning Policy Framework promotes sustainable development in England. 


Paragraph 187 states that planning policies and decisions should seek to protect and enhance sites of biodiversity value and minimise impacts on biodiversity as well as providing biodiversity net gains. 


Paragraph 192 states that in order to protect and enhance biodiversity, plans should identify, map and safeguard components of local wildlife-rich habitats and wider ecological networks and promote the conservation, restoration and enhancement of priority habitats, ecological networks and the protection and recovery of priority species; and identify and pursue opportunities for securing measurable net gains for biodiversity.


Government Circular 06/2005

Government Circular 06/2005 was produced in connection with the Planning Policy Statement 9: Biodiversity and Geological Conservation which has now been revoked and replaced by the National Planning Policy Framework.


The National Planning Policy Framework references the Circular and the guidance contained within, namely the statutory obligations for biodiversity and geological conservation and their impact within the planning system.


The Circular provides guidance on the protection of designated international and national nature conservation sites, non-designated sites, the conservation of species, and advice on the related issues and statutory powers.


Part IV relates to conservation of species protected by law and confirms the presence of such a species is a material consideration for planning decisions. Paragraph 99 states “It is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have addressed in making the decision”.


Paragraphs 104 to 117 summarise legal status of species afforded protection under the Habitats Regulations (now, the 2017 Regulations) and the licensing process while paragraphs 118 to 122 explain the same for species afforded protection under the Wildlife and Countryside Act. Paragraphs 123 and 124 summarise the protective status of badgers under the Protection of Badgers Act. 


National Legislation and Policy (Wales)

Environment (Wales) Act 2016 and the Biodiversity Duty 

The Environment (Wales) Act 2016 introduces a new biodiversity duty, which highlights biodiversity as an essential component of ecosystem resilience. This new duty replaces the biodiversity duty in the Natural Environment and Rural Communities Act 2006. Part 1 of the Act deals with Sustainable management of natural resources including Biodiversity and Resilience of Ecosystems Duty. The Environment Act enhances the current NERC Act duty to require all public authorities, when carrying out their functions in Wales, to seek to “maintain and enhance biodiversity” where it is within the proper exercise of their functions. In doing so, public authorities must also seek to “promote the resilience of ecosystems”. As under the NERC Act the new duty will apply to a range of public authorities such as the Welsh Ministers, local authorities, public bodies and statutory undertakers. This ensures that biodiversity is an integral part of the decisions that public authorities take in relation to Wales. It also links biodiversity with the long-term health and functioning of our ecosystems, therefore helping to align the biodiversity duty with the framework for sustainable natural resource management provided in the Act.


Planning Policy Wales (2021)

Paragraph 6.4.3 of the document refers to Biodiversity and Ecological Networks and states:


The planning system has a key role to play in helping to reverse the decline in biodiversity and increasing the resilience of ecosystems, at various scales, by ensuring appropriate mechanisms are in place to both protect against loss and to secure enhancement. Addressing the consequences of climate change should be a central part of any measures to conserve biodiversity and the resilience of ecosystems. Information contained in SoNaRR, Area Statements and species records from Local Environmental Record Centres should be taken into account. Development plan strategies, policies and development proposals must consider the need to:

  • support the conservation of biodiversity, in particular the conservation of wildlife and habitats;
  • ensure action in Wales contributes to meeting international responsibilities and obligations for biodiversity and habitats;
  • ensure statutorily and non-statutorily designated sites are properly protected and managed;
  • safeguard protected and priority species and existing biodiversity assets from impacts which directly affect their nature conservation interests and compromise the resilience of ecological networks and the components which underpin them, such as water and soil, including peat; and
  • secure enhancement of and improvements to ecosystem resilience by improving diversity, condition, extent and connectivity of ecological networks.


Biodiversity and Resilience of Ecosystems Duty (Section 6 Duty)

Planning authorities must seek to maintain and enhance biodiversity in the exercise of their functions. Planning authorities must also take account of and promote the resilience of ecosystems, in particular the following aspects:

  1. Diversity between and within ecosystems;
  2. The connections between and within ecosystems;
  3. The scale of ecosystems;
  4. The condition of ecosystems (including their structure and functioning); and
  5. The adaptability of ecosystems.


In fulfilling this duty, planning authorities must have regard to:

  1. The list of habitats of principal importance for Wales, published under Section 7 of the Environment (Wales) Act 2016;
  2. The State of Natural Resources Report (SoNaRR), published by Natural Resources Wales; and
  3. Any Area Statement that covers all or part of the area in which the authority exercises its functions.


Planning Authorities should also refer to up to date ecological survey information (where appropriate).


A proactive approach towards facilitating the delivery of biodiversity and resilience outcomes should be taken by all those participating in the planning process. In particular, planning authorities should demonstrate that they have sought to fulfil the duties and requirements of Section 6 of the Environment Act by taking all reasonable steps to maintain and enhance biodiversity in the exercise of their functions. 


The broad framework for implementing the duty and building resilience through the planning system includes addressing:

  • Diversity: to ensure mechanisms are in place to minimise further loss and that circumstances allow for species' populations to expand and recolonise their natural range (former range) or adapt to future change. This means development should provide a net benefit for biodiversity, and at the very least, with no significant loss of habitats or populations of species, locally or nationally and must provide a net benefit for biodiversity;
  • Extent: to ensure mechanisms allow for the maintenance of existing assets and networks and promote the restoration of damaged, modified or potential habitat and the creation of new habitat. This means that planning choices should incorporate measures which seek the creation and restoration of green networks and linkages between habitats and maintaining and enhancing other green infrastructure features and networks; 
  • Condition: Ecosystems need to be in a healthy condition to function effectively, to deliver a range of important ecosystem services. Planning decisions should not compromise the condition of ecosystems. By taking an integrated approach to development, for example, which considers both direct and wider impacts and benefits it should be possible to make a positive contribution. Planning for the long term management of retained habitats is key to maintaining condition through for example, the use of planning obligations;
  • Connectivity: to take opportunities to develop functional habitat and ecological networks within and between ecosystems and across landscapes, building on existing connectivity and quality and encouraging habitat creation, restoration and appropriate management. The opportunities could include enlarging habitat areas, developing buffers around designated sites or other biodiversity assets or corridors, including transport and river corridors, and the creation of ‘stepping stones’ which will strengthen the ability of habitats and ecological networks to adapt to change, including climate change; and
  • Adaptability to change: primarily in the form of climate change, for both species (diversity) and ecosystems requires action to protect the extent, condition and connectivity of habitats, features and ecological networks. Development plans, planning proposals and applications which build on protecting designated sites and securing and enhancing green infrastructure will be key ways of addressing the attributes of ecosystems resilience identified in the Environment Act as well as facilitating social and economic resilience aspirations of the Well-being of Future Generations Act.


Good Practice Guide GPG 3 (October 2015) NRW Approach to Bats and Planning

As explained in Planning Policy Wales (Chapter 5 - Conserving and Improving Natural Heritage and the Coast), the presence of a European protected species is a material consideration for a development proposal that would be likely to result in disturbance or harm to the species or its breeding sites or resting places. Planning Policy Wales also explains that planning authorities should seek the advice of Natural Resources Wales for all planning applications likely to result in disturbance or harm to bats and should always consult them before granting permission. Local Planning Authorities address this by screening applications to identify when there is a reasonable likelihood that bats may be present and, therefore, when to require a bat survey and report that will confirm if bats are present and if they likely to be disturbed or harmed by the proposal. The overall requirement on Local Planning Authorities, Natural Resources Wales and developers is to avoid harm or disturbance to bats and their breeding sites and resting places, unless Natural Resources Wales has given a licence to allow the harm or disturbance. Natural Resources Wales may only give a licence if the requirements for derogation are met, including that disturbance or harm to individual bats (or to their breeding sites and resting places) would not be detrimental to the maintenance of the population.

Implications for Developments


This section outlines the implications of the above legislation and policy in relation to designated sites, habitats, plants and protected species.


European Designated Sites

Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) are sites of European importance and are designated under the EC Habitats Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora (the Habitats Directive) and the EC Birds Directive 2009/147/EC on the conservation of wild birds (the Wild Birds Directive) respectively. Both form part of the wider Natura 2000 network across Europe and the National Site Network (sites within the UK, following Brexit).


Under the Habitats Directive Article 3 requires the establishment of a network of important conservation sites (SACs) across Europe. Over 1000 animal and plant species, as well as 200 habitat types, listed in the directive's annexes are protected in various ways:

  • Annex II species (about 900): core areas of their habitat are designated as Sites of Community importance (SCIs) and included in the National Site Network. These sites must be managed in accordance with the ecological needs of the species.
  • Annex IV species (over 400, including many Annex II species): a strict protection regime must be applied across their entire natural range, both within and outside the National Site Network.
  • Annex V species (over 90): their exploitation and taking in the wild is compatible with maintaining them in a favourable conservation status.


SPAs are classified under Article 2 of the Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds both for rare bird species (as listed on Annex I) and for important migratory species.


The Conservation of Habitats and Species Regulations 2017 (as amended) form the legal basis for the implementation of the Habitats and Birds Directives in terrestrial areas and territorial waters out to 12 nautical miles in England and Wales (including the inshore marine area) and to a limited extent in Scotland and Northern Ireland. 


Ramsar sites are designated under the Convention on Wetlands of International Importance, agreed in Ramsar, Iran, in 1971. The Convention covers all aspects of wetland conservation and recognises the importance of wetland ecosystems in relation to global biodiversity conservation. The Convention refers to wetlands as “areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres”. However, they may also include riparian and coastal zones. Ramsar sites are statutorily protected under the Wildlife & Countryside Act 1981 (as amended) with further protection provided by the Countryside and Rights of Way (CRoW) Act 2000. Policy statements have been issued by the Government in England and Wales highlighting the special status of Ramsar sites. The Government in England and Wales has issued policy statements which ensure that Ramsar sites are afforded the same protection as areas designated under the EC Birds and Habitats Directives as part of the National Site Network (e.g. SACs & SPAs). Further provisions for the protection and management of SSSIs have been introduced by the Nature Conservation (Scotland) Act 2004.


Nationally Designated Sites

Sites of Special Scientific Interest (SSSI) are designated by nature conservation agencies in order to conserve key flora, fauna, geological or physio-geographical features within the UK. The original designations were under the National Parks and Access to the Countryside Act 1949 but SSSIs were then re-designated under the Wildlife & Countryside Act 1981 (as amended). As well as reinforcing other national designations (including National Nature Reserves), the system also provides statutory protection for terrestrial and coastal sites which are important within the National Site Network.


Statutory Locally Designated Sites

Local authorities in consultation with the relevant nature conservation agency can declare Local Nature Reserves (LNRs) under the National Parks and Access to the Countryside Act 1949. LNRs are designated for flora, fauna or geological interest and are managed locally to retain these features and provide research, education and recreational opportunities.


Non-Statutory Locally Designated Sites

Non-statutorily designated sites can be designated by the local authority for supporting local conservation interest. Combined with statutory designation, these sites are considered within Local Development Frameworks under the Town and Country Planning system and are a material consideration during the determination of planning applications. The protection afforded to these sites varies depending on the local authority involved. There is variation as to how non-statutory designated sites are referred to by local authorities nationally and this may include (but not be limited to) Local Wildlife Sites (LWS), County Wildlife Sites (CWS), Sites of Biological Importance (SBI) or Biological Heritage Sites (BHS).


Protected Plants

With certain exceptions, all wild plants are protected under the WCA. This makes it an offence for an ‘unauthorised’ person to intentionally (or recklessly in Scotland) uproot wild plants. An authorised person can be the owner of the land on which the action is taken, or anybody authorised by them.


Certain rare species of plant, for example some species of orchid, are also fully protected under Schedule 8 of the Wildlife and Countryside Act 1981 (as amended). This prohibits any person from:

  • Intentionally picking, uprooting or destruction of any wild Schedule 8 species.
  • Selling, offering or exposing for sale, or possessing or transporting for the purpose of sale, any wild live or dead Schedule 8 plant species or part thereof. 


In addition to the UK legislation outlined above, several plant species are fully protected under Schedule 5 of The Conservation of Habitats and Species Regulations 2010. These are species of European importance. Regulation 45 makes it an offence to:

  • Deliberately pick, collect, cut, uproot or destroy a wild Schedule 5 species.
  • Be in possession of, or control, transport, sell or exchange, or offer for sale or exchange any wild live or dead Schedule 5 species or anything derived from such a plant.


Invasive Non-Native Plants

Part II of Schedule 9 of the WCA lists non-native invasive plant species for which it is a criminal offence in England to plant or cause to grow in the wild due to their impact on native wildlife. Species included (but not limited to):

  • Japanese knotweed Fallopia japonica
  • Giant hogweed Heracleum mantegazzianum 
  • Himalayan balsam Impatiens glandulifera


Injurious Weeds

Under the Weeds Act 1959 any landowner or occupier may be required prevent the spread of certain ‘injurious weeds’ including (but not limited to):

  • Spear thistle Cirsium vulgare
  • Creeping thistle Cirsium arvense
  • Curled dock Rumex crispus 
  • Broad-leaved dock Rumex obtusifolius
  • Common ragwort Senecio jacobaea


Amphibians and Reptiles

The sand lizard Lacerta agilis, smooth snake Coronella austriaca, natterjack toad Epidalea calamita, pool frog Pelophylax lessonae and great crested newt Triturus cristatus receive full protection under Habitats Regulations 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


With the exception of the pool frog, these species are also listed on Schedule 5 of the WCA 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 WCA, i.e. the adder Vipera berus, grass snake Natrix natrix, common lizard Zootoca viviparaand slow-worm Anguis fragilis. It is prohibited to:

  • Intentionally or recklessly kill or injure these species.


Badgers

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.


Bats

All species are fully protected by Habitats Regulations 2010 as they are listed on Schedule 2. 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 afforded the following additional protection through the WCA as they are included on Schedule 5:

  • Intentional or reckless disturbance (at any level).
  • Intentional or reckless obstruction of access to any place of shelter or protection.


Birds

With certain exceptions, all birds, their nests and eggs are protected under Sections 1-8 of the WCA. Among other things, this makes it an offence to:

  • Intentionally kill, injure or take any wild bird.
  • Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.
  • Intentionally take or destroy an egg of any wild bird.Sell, offer or expose for sale, have in his possession or transport for the purpose of sale any wild bird (dead or alive) or bird egg or part thereof. 


Certain species of bird, for example the barn owl, bittern and kingfisher receive additional protection under Schedule 1 of the WCA and are commonly referred to as “Schedule 1” birds. 

This affords them protection against:

  • Intentional or reckless disturbance while it is building a nest or is in, on or near a nest containing eggs or young.
  • Intentional or reckless disturbance of dependent young of such a bird.


Hazel Dormice

Hazel dormice Muscardinus avellanariusare fully protected under Habitats Regulations 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.


Dormice are also protected under the WCA through their inclusion on Schedule 5. Under this Act, 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.


Otters

Otters Lutra lutra are fully protected under the Conservation Regulations 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.


Otters are also currently protected under the WCA through their inclusion on Schedule 5. Under this Act, 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.


Water Voles

The water vole Arvicola amphibius is fully protected under Schedule 5 of the WCA. 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.


White Clawed Crayfish

There is a considerable amount of legislation in place in an attempt to protect the White-clawed crayfish Austropotamobius pallipes. This species is listed under the European Union’s (EU) Habitat and Species Directive and is listed under Schedule 5 of the Wildlife and Countryside Act (1981). This makes it an offence to:

  • Protected against intentional or reckless taking.
  • Protected against selling, offering or advertising for sale, possessing or  transporting for the purpose of sale. 

Last Updated

14 January 2025


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