Wildlife and Countryside Act 1981

What is Biodiversity?

Biodiversity: The UK Steering Group Report 1995:
Biodiversity includes all living things: the rich variety of species, habitats and whole ecological systems that make up the living earth. We share this small planet with an uncounted number of other organisms living in an incredible variety of places - we need to protect and conserve the widest variety of them for our sake as well as theirs. Biodiversity is fundamentally important to our well-being and to our very existence:

It is everywhere and affects all of us. Biological activity maintains the Earth as an environment fit for life. Wildlife is a key indicator of the health of our environment. Biodiversity provides us with resources, food, clothes, homes, medicines and a source of inspiration. We have a duty to sustain our biodiversity so that we can leave the next generation a fair share. We have a moral and ethical responsibility to protect the wildlife that we also have the power to destroy.

Conserving Biodiversity

Conserving and enhancing biodiversity is now recognised as being a local, national and global responsibility. The United Kingdom was one of 150 countries that signed the Convention on Biological Diversity after the Rio Earth Summit in 1992. This requires each country to produce a national Biodiversity Action Plan to spell out how it intends to conserve its living heritage and protect biological resources for the future.

Such a national plan has now been produced. This sets out targets for the conservation, enhancement and expansion of our biodiversity. However, this alone is not sufficient, we now need to develop local targets and actions by means of a Sussex Biodiversity Action Plan.

Wildlife & Countryside Act 1981 and the Habitats Regulations 1994

Many animals and plants are protected by the above Acts including:

• Birds (sections 1 & 2 of the W&C Act)
• Other animals (sections 9 & 10 of the W&C Act)
• Plants (section 13 of the W&C Act)
• Badgers (the Protection of Badgers Act 1992)

On the 21August 2007 changes were made to the Habitats Regulations (1994), which in effect makes it an offence to damage or destroy a breeding site or resting place of a protected species. It is no longer a defence that the damage or harm was incedental or unintended. 

Trees are a valuable habitat for wildlife and any hollow or crevice within a tree is likely to be harbouring nesting birds and/or roosting Bats at certain times of the year. Many other animals and plants not listed here are protected by the Wildlife & Countryside Act. You must no check for protected species before commencing tree cutting operations. Where protected species are found consideration must be given to alternative solutions before accepting that damage to a protected species or its habitat is inevitable. A licence is required when there is no alternative to the proposed works that will result in an offence being committted. 

Birds (general)

All wild birds, their nests and eggs are protected by law and it is thus an offence to disturb or kill any wild bird while it is nest building, or at a nest containing eggs or young, or to disturb the dependent young of such a bird, Therefore, it is recommended that works to trees should not be undertaken during the breeding season (normally February to September).

The leaflet 'Tree Damage Alert' gives further information.

Barn Owls

With the introduction of the Wildlife and Countryside Act 1981 all previous laws relating to the protection of Barn Owls were repealed and re-enacted with amendments. It is an offence to or attempt to kill, injure, or take (handle) any wild Barn Owl; Take, damage or destroy any wild Barn Owls nest whilst in use or being built, or take or destroy wild Barn Owl eggs. If you are working on or near trees or trees near buildings that harbour or contain Barn Owls you must first contact English Nature. Alternatively the Barn Owl Trust will be able to offer advice where appropriate.

For more information, see the leaflets 'Barn Conversions' and Safeguarding Wild Sites'.

Badgers

The following is a summary of the offences contained within The Protection of Badgers Act 1992 but the Act itself should always be referred to for the exact wording. It is an offence to interfere with a sett by damaging or destroying it; obstruct access to, or any entrance of a badger sett; or disturb a badger when it is occupying a sett.

If you are working near to a Badger Sett the leaflet ‘Badgers & Forestry’ may be useful. In any event, if you want to work on trees which are adjacent to, or likely to affect a badger sett you may need to apply for a licence. Details and an application form can be obtained from:

The Licensing Officer
English Nature Licensing Section
Northminster House
Peterborough
PE1 1UA
Telephone 01733 455142

Bats

Bats rest, give birth, raise young, form groups and hibernate in natural holes, crevices and sheltered places. Such conditions occur in old trees, but most commonly in Oak, Ash, Beech and Scots Pine. The destruction or obstruction of a Bat roost, is also an offence under the above mentioned Acts. Ideally, work on trees suspected of being bat roosts should be undertaken during the Spring and Autumn months with guidance from a licened operative. This avoids periods when bats are particularly vulnerable – during hibernation or when non-flying young are present. The Bat Trust would be able to offer advice where appropriate.

Always check tree(s) for the presence of bats before commencement of tree works. The leaflet ‘Looking Out for Bats’ is a useful reference source. The leaflet ‘Bats & Trees ‘outlines how to manage trees for the benefit of bats.

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