(20 August 2009) Natural England has produced a statement
welcoming the recent judicial review judgement in Woolley vs Cheshire East Borough Council & Millennium Estates. The judgement clarifies the responsibilities of competent authorities in discharging their duties in relation to European Protected Species.
(29 June 2009) New guidance on “disturbance” and “current use” in the Protection of Badgers Act 1992.The Wildlife Management & Licensing Service has produced new guidance on interpretation of “current use” and “disturbing” in the context of the Protection of Badgers Act 1992 in relation to the definition of a badger sett and the offence of disturbing a badger whilst it is occupying a sett. See the badgers page for details.
(09 June 2009) Natural England has revised the EPS Mitigation Licensing guidance. ‘How to get a licence
’ has changed to take account of customer feedback and staff ideas for improvements. View a short summary
of what has changed.
(09 June 2009) Non-native and former native species web-page update – the Wildlife Management & Licensing Service ‘non-native species’ web-pages now give more information on this area of licensing, which includes reintroductions of former native species, and tells you how you can comment on current reintroduction applications.
(14 May 2009) EPS Mitigation Licences – Is your licensed activity or development affected by the current economic downturn? Natural England has produced some guidance for developers
.
(28 April 2009) It is a myth that applications proposing ‘over-mitigation’ or ‘over compensation’ will stand a better chance of obtaining a Great crested newt mitigation licence. Natural England’s latest guidance
addresses this misconception.
(20 February 2009) New guidance has been launched for applicants for EPS Mitigation licences on the requirements for Master Plans for proposals involving phased and multiplot developments. This guidance
deals specifically with applications affecting Great crested newts, but the principles can be applied to applications affecting other species.
(19 February 2009) Natural England announces streamlining of the process for EPS Mitigation Licensing.
Read the notice for more detail. To coincide with this change, we also launch a comprehensive new guidance document for applicants, How to get a Licence, a new Reasoned Statement template, and new versions of the application forms. Applications on the new forms will be accepted and dealt with under the new process from 16 March 2009. Until then, please use the existing forms.
(30 January 2009) Defra announces changes to the Habitats Regulations and Offshore Marine Regulations.
These changes clarify the wording of the regulations and any effect on landowners and sea users will be minimal. For more information see Defra website.
(7 January 2009) Natural England calls for voluntary restraint on licensed shooting during the severe cold weather spell.
For the duration of the severe cold weather period we are currently experiencing, Natural England is requesting that its licensees and members of the public show restraint to avoid activities that may cause unnecessary disturbance to wildfowl and other water birds already suffering as a result of the cold weather. Similar requests have been made to the public by the RSPB, BASC and the BTO.
(11 December 2008) Natural England has launched a consultation on general licences.
The closing date for responses is 13 March 2009. More information
The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 came into force on 1st October 2008. These Regulations added three new species to the list of European protected species in Schedule 2 of the 1994 Regulations. The three new species are Pool FrogRana lessonae, Fisher's Estuarine MothGortyna borelii lunata, and Lesser Whirlpool Ramshorn SnailAnisus vorticulus.
These three species are now protected against acts including the deliberate capturing, disturbing, injuring or killing and damage or destruction to their breeding sites or resting places (note that this is a simplified summary of the legislation). See further guidance.
Increased legal protection for the water vole
From 6 April 2008 the water vole, Roman snail, spiny and short-snouted seahorses and the angel shark receive an increased level of protection under the Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008. The water vole is now fully covered by the provisions of section 9 of the Act and this increased protection adds prohibitions against intentional killing, taking or injury, possession and sale.
The water vole has suffered one of the most catastrophic declines of any British mammal this century and its widespread survival is now seriously threatened. The reasons for this include loss and fragmentation of habitat and the introduction and spread of the American mink. Natural England welcomes the increased level of protection.
Water voles: the law in practice; guidance for planners and developers [911 kB]
and Water voles and development: licensing policy
provide advice on our approach to licensing the capture and translocation of water voles that are affected by development or riparian management work. If you wish to apply for a licence please see form WML-A29
.
We continue to encourage water vole surveys by experienced ecologists and have produced guidance
explaining that a licence is not needed to undertake normal water vole surveys.
Natural England General Licences
From the 1st January 2008 all Wildlife & Countryside Act 1981 (as amended) general licences will be issued by Natural England, including those previously issued by Defra - see General licences.
General licences are issued to allow certain actions to be carried out that would otherwise be illegal under the legislation, without the need for people to apply for a specific licence.
Changes to deer legislation
From 1 October 2007, under the Deer Act 1991, all wild deer with the exception of Muntjac (Muntiacus reevesi) are protected by a close season. The Regulatory Reform (Deer) (England and Wales) Order 2007 (No.2183)
amends the original Act and will improve deer welfare in a number of ways. Further amendments include changing the close seasons for female deer to a common start date of 1 April, changing the minimum rifle calibres permitted for muntjac and Chinese water deer and introducing new licensing provisions.
Licences can now be issued by Natural England to allow deer to be shot in England during the close season, or at night, for preserving public health or public safety or for conserving the natural heritage, and at night for the prevention of serious damage to property. Licences can only be issued where there is a serious risk of deer causing the problems concerned and where there is no satisfactory alternative for resolving the problem.
Apply for a licence (in England).
Guidance on deer and deer management is available from The Deer Initiative. Further background and information on deer and the deer action plan is available from Defra.
European Protected Species
On 21 August 2007 an amendment to the Conservation (Natural Habitats &c.) Regulations 1994 came into force. This will have a variety of consequences for the protection of European Protected Species and for Natural England's licensing processes.