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POLICY
Legislative protection for the UK’s herpetofauna - England and Wales
Wildlife legislation in the UK is complicated, both through its steady evolution and amendment creating numerous different acts, regulations and statutory orders, etc, but also because the Environment is a devolved function for the different country administrations in the UK. Therefore different legislation (and policy) has developed in the different countries of the UK. It is also further complicated by the interaction between national, European and international legislation and jurisprudence. Different levels of protection apply to different species.
The summary below identifies the protection afforded to reptile and amphibian species in England and Wales through nature conservation legislation; we have not addressed site/habitat protection mechanisms. Some additional protection can be afforded through animal welfare legislation and through other measures, such as land use planning regimes.
Protection for herpetofauna in England and Wales
A. European Protected Species (i.e. smooth snake, sand lizard, natterjack toad and great crested newt and marine turtles) are protected via a combination of Regulation 39 of the Habitats Regulations 1994 (as amended 2007), and via s. 9(4) b & c and s. 9(5) of the Wildlife & Countryside Act 1981 (as amended) against:
(a) deliberate capturing, injuring or killing
(b) deliberate disturbance in such a way as to be likely significantly to affect—
(i) the ability of any significant group of animals of that species to survive, breed, or rear or nurture their
young; or
(ii) the local distribution or abundance of that species;
(c) deliberate taking or destroying the eggs of such an animal; or
(d) (i) damaging or destroying a breeding site or resting place of such an animal
and/or
(ii) intentionally or recklessly -
(a) disturbing any such animal while it is occupying a structure or place which it uses for shelter or
protection; or
(b) obstructing access to any structure or place which any such animal uses for shelter or protection.”
(e)* any person—
(i) having in their possession or control;
(ii) transporting;
(iii) selling or exchanging; or
(iv) offering for sale or exchange, any
(a) live or dead animal or part of an animal—
(i) which has been taken from the wild; and
(ii) which is of a species or subspecies listed in Annex IV(a) to the Habitats Directive; and
(b) part of, or anything derived from, such an animal or any such part of an animal;
unless the animal from which the part or the thing in question is derived, was lawfully taken from the wild (i.e. taken from the wild in the European Union without contravention of appropriate domestic legislation and before the implementation date of the Habitats Directive (in that Country e.g. 1994 in UK) or if it was taken from elsewhere).
* This section also covers all other species listed on Annex IV of the Habitats Directive.
These relate to ‘wild animals’ and apply regardless of the stage of the life of the animal in question. Unless the contrary is shown, in any proceedings for an offence under paragraph the animal in question is to be presumed to have been a wild animal. Note that different defences and licensing regimes are appropriate under the Wildlife & Countryside Act 1981 as amended (which relates only in the context of intentional & reckless damage & disturbance whiles occupying a place used for shelter & protection (d) (ii) a-c above) and the Habitats Regulations 1994 as amended (relating to all other provisions described above.
The legislation & section numbers, and amendments:
Regs 39 of Conservation (Natural Habitats, etc) Regulations 1994 [http://www.opsi.gov.uk/SI/si1994/Uksi_19942716_en_1.htm] as amended by Reg 13 of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 [http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf]
Section 9 (4) a-c only of The Wildlife & Countryside Act 198 [http://www.jncc.gov.uk/page-3614] as amended:-
(i) Inclusion of Marine turtles on Sch 5 were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I.1988/288. http://www.opsi.gov.uk/si/si1988/Uksi_19880288_en_1.htm
(ii) Inclusion of Reckless disturbance via Section 9(4) of the Wildlife and Countryside Act 1981 (c.69) was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). http://www.opsi.gov.uk/acts/acts2000/20000037.htm
(iii) Full amendment of Section 9(4) via Reg 62 (/) of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf
(iv) Amendment of Sch 5 to include EPS only with regards to section 9(4)(b) and (c) and (5) only through Reg 62 of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf – with effect 21 August 2007
Note: although the Pool Frog is listed on Annex IV of the Habitats ulective it has not yet been added to Schedule 2 of the Habitats Regulations or Sch 5 of Wildlife & Countryside Act 1981 and therefore is not protected by this legislation.
B. Widespread reptiles and amphibians (i.e. reptiles (adder, grass snake, common lizard and slow worm) and amphibians (common frog, common toad, smooth newt, palmate newt).
Reptiles only (adder, grass snake, common lizard and slow worm) are protected via part of S 9(1) of the Wildlife & Countryside Act 1981 (as amended) against:
(a) intentional killing and injuring (note the provision in section 9(1) of Wildlife & Countryside Act 1981 prohibiting “taking” does not apply to reptiles)
Both reptiles (adder, grass snake, common lizard and slow worm) and amphibians (common frog, common toad, smooth newt, palmate newt) are protected via part of S 9(5) of the Wildlife & Countryside Act 1981 (as amended) against:
(b) (i) selling, offering or exposing for sale, or having in possession or transporting for the purpose of sale,
any live or dead wild animal or any part of, or anything derived from, such an animal; or
(ii) publishing or causing to be published any advertisement likely to be understood as conveying buying
or selling, or intending to buy or sell, any of those things.
The legislation relates only to ‘wild animals’, but in any proceedings the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
This protection is solely through the Wildlife & Countryside Act 1981 as amended and defences and licensing provisions are provided within that Act.
The legislation & section numbers, and amendments:
Section 9 (4) a-c only of The Wildlife & Countryside Act as amended:-
(i) Inclusion of common lizards, grass snakes, slow worms on Sch. 5 were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I.1988/288. http://www.opsi.gov.uk/si/si1988/Uksi_19880288_en_1.htm
(ii) Inclusion of Adder: article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1991 S.I. 1991/361 http://www.opsi.gov.uk/SI/si1991/Uksi_19910367_en_1.htm
Further advice and guidance:
Habitats Directive: JNCC
http://www.jncc.gov.uk/page-1374 and
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31992L0043:EN:HTML
Habitats Regulations 1994 and amendment 2007:
DEFRA: http://www.defra.gov.uk/wildlife-countryside/ewd/ewd09.htm
Natural England has a web page with guidance on the changes, including some notes on herp species, at: http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/habsregs.htm
Forestry Commission:
http://www.forestry.gov.uk/eps
http://www.forestry.gov.uk/england-protectedspecies
European Commission Guidance on Article 12 of the Habitats ulective:
Wildlife & Countryside Act 1981
JNCC: http://www.jncc.gov.uk:80/page-1377
A summary of the protection afforded to amphibians and reptiles for each country in the
UK
can be obtained by clicking on the links below:
Scotland.
>>>
Northern Ireland.
>>>
More on:
The UK Biodiversity Action Plan.
>>>
Species Action Plans.
>>>
Legislative protection for the UK’s herpetofauna - England and Wales
Wildlife legislation in the UK is complicated, both through its steady evolution and amendment creating numerous different acts, regulations and statutory orders, etc, but also because the Environment is a devolved function for the different country administrations in the UK. Therefore different legislation (and policy) has developed in the different countries of the UK. It is also further complicated by the interaction between national, European and international legislation and jurisprudence. Different levels of protection apply to different species.
The summary below identifies the protection afforded to reptile and amphibian species in England and Wales through nature conservation legislation; we have not addressed site/habitat protection mechanisms. Some additional protection can be afforded through animal welfare legislation and through other measures, such as land use planning regimes.
Protection for herpetofauna in England and Wales
A. European Protected Species (i.e. smooth snake, sand lizard, natterjack toad and great crested newt and marine turtles) are protected via a combination of Regulation 39 of the Habitats Regulations 1994 (as amended 2007), and via s. 9(4) b & c and s. 9(5) of the Wildlife & Countryside Act 1981 (as amended) against:
(a) deliberate capturing, injuring or killing
(b) deliberate disturbance in such a way as to be likely significantly to affect—
(i) the ability of any significant group of animals of that species to survive, breed, or rear or nurture their
young; or
(ii) the local distribution or abundance of that species;
(c) deliberate taking or destroying the eggs of such an animal; or
(d) (i) damaging or destroying a breeding site or resting place of such an animal
and/or
(ii) intentionally or recklessly -
(a) disturbing any such animal while it is occupying a structure or place which it uses for shelter or
protection; or
(b) obstructing access to any structure or place which any such animal uses for shelter or protection.”
(e)* any person—
(i) having in their possession or control;
(ii) transporting;
(iii) selling or exchanging; or
(iv) offering for sale or exchange, any
(a) live or dead animal or part of an animal—
(i) which has been taken from the wild; and
(ii) which is of a species or subspecies listed in Annex IV(a) to the Habitats Directive; and
(b) part of, or anything derived from, such an animal or any such part of an animal;
unless the animal from which the part or the thing in question is derived, was lawfully taken from the wild (i.e. taken from the wild in the European Union without contravention of appropriate domestic legislation and before the implementation date of the Habitats Directive (in that Country e.g. 1994 in UK) or if it was taken from elsewhere).
* This section also covers all other species listed on Annex IV of the Habitats Directive.
These relate to ‘wild animals’ and apply regardless of the stage of the life of the animal in question. Unless the contrary is shown, in any proceedings for an offence under paragraph the animal in question is to be presumed to have been a wild animal. Note that different defences and licensing regimes are appropriate under the Wildlife & Countryside Act 1981 as amended (which relates only in the context of intentional & reckless damage & disturbance whiles occupying a place used for shelter & protection (d) (ii) a-c above) and the Habitats Regulations 1994 as amended (relating to all other provisions described above.
The legislation & section numbers, and amendments:
Regs 39 of Conservation (Natural Habitats, etc) Regulations 1994 [http://www.opsi.gov.uk/SI/si1994/Uksi_19942716_en_1.htm] as amended by Reg 13 of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 [http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf]
Section 9 (4) a-c only of The Wildlife & Countryside Act 198 [http://www.jncc.gov.uk/page-3614] as amended:-
(i) Inclusion of Marine turtles on Sch 5 were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I.1988/288. http://www.opsi.gov.uk/si/si1988/Uksi_19880288_en_1.htm
(ii) Inclusion of Reckless disturbance via Section 9(4) of the Wildlife and Countryside Act 1981 (c.69) was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). http://www.opsi.gov.uk/acts/acts2000/20000037.htm
(iii) Full amendment of Section 9(4) via Reg 62 (/) of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf
(iv) Amendment of Sch 5 to include EPS only with regards to section 9(4)(b) and (c) and (5) only through Reg 62 of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf – with effect 21 August 2007
Note: although the Pool Frog is listed on Annex IV of the Habitats ulective it has not yet been added to Schedule 2 of the Habitats Regulations or Sch 5 of Wildlife & Countryside Act 1981 and therefore is not protected by this legislation.
B. Widespread reptiles and amphibians (i.e. reptiles (adder, grass snake, common lizard and slow worm) and amphibians (common frog, common toad, smooth newt, palmate newt).
Reptiles only (adder, grass snake, common lizard and slow worm) are protected via part of S 9(1) of the Wildlife & Countryside Act 1981 (as amended) against:
(a) intentional killing and injuring (note the provision in section 9(1) of Wildlife & Countryside Act 1981 prohibiting “taking” does not apply to reptiles)
Both reptiles (adder, grass snake, common lizard and slow worm) and amphibians (common frog, common toad, smooth newt, palmate newt) are protected via part of S 9(5) of the Wildlife & Countryside Act 1981 (as amended) against:
(b) (i) selling, offering or exposing for sale, or having in possession or transporting for the purpose of sale,
any live or dead wild animal or any part of, or anything derived from, such an animal; or
(ii) publishing or causing to be published any advertisement likely to be understood as conveying buying
or selling, or intending to buy or sell, any of those things.
The legislation relates only to ‘wild animals’, but in any proceedings the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
This protection is solely through the Wildlife & Countryside Act 1981 as amended and defences and licensing provisions are provided within that Act.
The legislation & section numbers, and amendments:
Section 9 (4) a-c only of The Wildlife & Countryside Act as amended:-
(i) Inclusion of common lizards, grass snakes, slow worms on Sch. 5 were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I.1988/288. http://www.opsi.gov.uk/si/si1988/Uksi_19880288_en_1.htm
(ii) Inclusion of Adder: article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1991 S.I. 1991/361 http://www.opsi.gov.uk/SI/si1991/Uksi_19910367_en_1.htm
Further advice and guidance:
Habitats Directive: JNCC
http://www.jncc.gov.uk/page-1374 and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31992L0043:EN:HTML
Habitats Regulations 1994 and amendment 2007: DEFRA: http://www.defra.gov.uk/wildlife-countryside/ewd/ewd09.htm
Natural England has a web page with guidance on the changes, including some notes on herp species, at: http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/habsregs.htm
Forestry Commission: http://www.forestry.gov.uk/eps
http://www.forestry.gov.uk/england-protectedspecies
European Commission Guidance on Article 12 of the Habitats ulective:
Wildlife & Countryside Act 1981 JNCC: http://www.jncc.gov.uk:80/page-1377
A summary of the protection afforded to amphibians and reptiles for each country in the
Scotland.
>>>
Northern Ireland.
>>> More on:
The UK Biodiversity Action Plan.
>>>
Species Action Plans.
>>>|
|
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