Wildlife licensing and wildlife offences: what do organisations need to know?

A wildlife offence is any action which contravenes current legislation governing the protection of wild animals and plants. It does not cover domestic animals and it does not include wild animals which have been involved in road traffic accidents. Authorisation to undertake activities which would otherwise be unlawful, can be obtained by receiving a wildlife licence from the regulator, usually Natural England.

The primary legislation which protects the conservation of wildlife and natural habitats in the UK is the Wildlife and Countryside Act 1981. However, other important legislation for specific offences includes the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine habitats and Species Regulations 2017.

In recent years, the National Wildlife Crime Unit, a specialist police team with a focus on wildlife crime, has seen an increase in resources and capabilities. With an ever increasing recognition of the importance of environmental protection, organisations must be alive to their legal duties and responsibilities to the natural world, or face prosecution. 

In this article, we highlight the most comment wildlife offences for organisations and identify when a landowner or developer may require a wildlife licence.

The most common wildlife offences

The most common wildlife offences which organisations risk committing, relate to:

Protection of wild birds, their nests and eggs 

• Under section 1 of the Wildlife and Countryside Act 1981, it's an offence to: 
  
  • Intentionally kill, injure or take any protected wild bird
  • Take, damage or destroy nests or eggs
  • Special offences apply when they occur in a Special Protection Area designated under the Birds Directive to protect wild birds and their habitats (section 3)

Protection of certain animals and plants

• Under sections 9 and 13 of the Wildlife and Countryside Act 1981, it's an offence to: 
  
  • Intentionally kill, injure or take certain wild animals listed in schedule 5  (section 9(1)) including some species of bat, frog, newt, butterfly, dormice, fish, snake, voles and moths.
  • Intentionally or recklessly damage, destroy or obstruct access to any structure or place that an animal uses for shelter or protection (section 9(4))
  • Intentionally picking, uprooting or destroying the species of wild plants included in schedule 8  (section 13)

Enforcement: under section 21(1), a person guilty of the above offences is liable on summary conviction to up to six month’s imprisonment or an unlimited fine, or both. Under section 21(5), where an offence is against more than one bird, egg or nest, each can be treated as a separate offence for the purpose of determining the fine or penalty.

• Under The Conservation of Habitats and Species Regulations 2017, it's an offence to: 
  
  • Deliberately capture, injure, disturb or kill a wild European protected species of animal (including birds), their eggs or breeding site or resting place (regulation 43)
  • Deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species (regulation 47)

Enforcement: under regulation 47(7), A person guilty of the above offences is liable on summary conviction in a magistrates' court to up to six months' imprisonment or an unlimited fine, or both. 

The Conservation of Offshore Marine Habitats and Species Regulations 2017 implement similar offences for the UK offshore marine area.

When might a landowner or developer require a wildlife licence?

Authorisation to undertake activities which would otherwise be unlawful, can be obtained by receiving a licence from the regulator (usually Natural England) which permits activities that disturb or remove wildlife, or damage their habitats. For example, a developer will require a licence to permit them to move a protected species, such as a crested newt, to an alternative location. In addition to understanding the licences required and obtaining them, organisations should also ensure that they have in place the appropriate polices and procedures to ensure compliance with the licence conditions. 

Whether a landowner or developer, people and organisations should be aware of any potential protected species on their site and take appropriate measures to protect the area. This is particularly important if any land is identified to be a Special Area of Conservation, Special Protection Area or Site of Specific Scientific Interest. Where organisation plans any form of development, a habitat regulations assessment is required. 

From initial planning, through to final construction, the presence of protected species and habitats must be considered to ensure adherence to relevant legislation. 

Should you have any questions about wildlife licensing or the enforcement of wildlife offences, please contact Lara Moore or Zoe Hunt.