Protected Species

All wildlife is important, but some rare and threatened species and habitats have extra protection in law or policy.
 

The Habitats Regulations: Some species, including Great Crested Newt, all bats, Dormice, Otter and Sand Lizard are protected on Schedule 2 of the Conservation of Habitats and Species Regulations 2017. It is an offense to deliberately catch, injure, kill or disturb these species, and it is also an offense to damage or destroy their breeding and resting places. Species listed on Schedule 2 are often referred to as European Protected Species.

Wildlife & Countryside Act: All wild birds, (with certain exceptions for game birds and pests) are protected by the wildlife and countryside act. It is an offense to intentionally catch, kill or injure them, or disturb them when they are nesting or raising young. There are stronger penalties for birds listed on Schedule 1, including Barn Owl, Red Kite, Peregrine falcon, Cettis Warbler and Kingfisher.

Animals listed on Schedule 5 of the Wildlife & Countryside Act, such as Red Squirrel, Common Toad, Adder and Water Vole are protected from intentional catching, killing, injury and sale. Note that some animals on Schedule 5 are only partially protected.

Protection of Badgers Act: This animal welfare legislation protects badgers and their setts. It is an offense to catch, kill or injure a wild badger and also to destroy or block access to a sett.

Hedgerow Regulations: Hedgerows are protected from removal, unless the local authority has granted permission. Hedgerows that are important for historic, biodiversity or landscape reasons should be kept.

Environment (Wales)Act: This legislation places a duty (sometimes called the Section 6 duty or Biodiversity Duty) on public bodies to maintain and enhance biodiversity and promote the resilience of ecosystems when they carry their functions. Under the Act, Welsh Ministers must produce a list of species and habitats that are of principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales (often called the Section 7 list). Welsh Ministers must take all reasonable steps to maintain and enhance these species and habitats and encourage others to do the same.

How protected species and habitats should be treated within the planning system is explained within National Planning Policy - Planning Policy Wales (PPW) and TAN 5. The following policies are relevant to the protection of habitats and species:

• Development should not cause any significant loss of habitats or populations of species, locally or nationally and must provide a net benefit for biodiversity (PPW 6.4.5)
• Presence of a species protected by European or UK legislation, or under Section 7 is a material consideration (PPW 6.4.22)
• Developers must comply with legislation, and may need to apply to Natural Resources Wales for licenses (PPW 6.4.22, TAN 5: 6.2)
• Effect of a development on a habitat listed on Section7 is capable of being a material consideration (TAN 5: 6.5.1)
• Trees, woodlands and hedgerows should be protected where they have ecological value, or contribute to the character or amenity of a particular locality (PPW 6.4.25)
• Ancient woodland, semi-natural woodland and individual ancient or veteran trees are considered irreplaceable, and should be protected (PPW 6.4.26)
• Where developments or plans affect Section 7 habitats or species, the same principles apply as to locally designated sites (TAN 5: 5.5.4)