Legislation for Reptiles
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:
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.
These species are also listed on Schedule 5 of the Wildlife and Countryside Act 1981 and they are additionally protected from:
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 natrix, common lizard Zootoca vivipara and slow-worm Anguis fragilis. It is prohibited to:
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.
Survey Methodology
Artificial refugia will be deployed at the site and allowed to “bed-in” for at least two weeks. The refugia may comprise steel ‘tins’ (corrugated steel sheets of approximately 50cm x 50cm square) and sheets of bitumen felt (approximately 100cm x 50xm square). The steel tins are regarded to have better habitat value for certain species (particularly snakes) due to their superior thermal retention. The number of refugia depends on the size of the site and the area of suitable habitat. Seven visits to check the refugia will be undertaken and the presence of any reptiles will be recorded.
Following the surveys, if reptiles are present a population size estimate will be determined which ranges from low to exceptional and these thresholds differ between species.
The site will also be evaluated to see if it qualifies as a ‘key reptile site’ by meeting at least one of the following criteria:
a) Supports three or more reptile species.
b) Supports two snake species.
c) Supports an exceptional population of one species.
d) Supports an assemblage of species scoring at least 4.
e) Does not satisfy criteria a-d but is of regional importance due to local rarity.
Key Survey Considerations
The survey period is April to October, though the optimal period is April to May and September to October as during the summer months reptiles are very active early in the day and can be difficult to spot.
Reptile surveys must be undertaken at a suitable time of day and in appropriate weather conditions.
Additional Requirements
Where sand lizard or smooth snake will be impacted, a reptile mitigation licence may be required from the relevant statutory authority. No mitigation licence is required for other reptile species.
The level of mitigation that will be required is dependent upon the impact. Some development activities may be subject to seasonal restrictions to avoid impacting hibernating reptiles.
Further Survey Information
The survey will be undertaken in accordance with the following publications:
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