LEGISLATION

Bats and the Law

Bats are protected by a number of pieces of legislation: •

Wildlife and Countryside Act 1981 (WCA) (as amended) – Schedule 5 Bats

•

The Conservation (Natural Habitats, &c.) Regulations 1994 – Schedule 2

• These two implement the

Council Directive 92/43/EEc on the Conservation of Natural Habitats and of Wild Fauna and Flora

European protected species of animals.

, better known as the Habitats Directive, which defines

Other pieces of legislation protecting bats are: •

The Town & Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

•

Countryside and Rights of Way Act 2000 (CRoW)

, which amends the WCA regarding powers and penalties.

• The main changes are the word ‘reckless’ has been added to the WCA; offences are now ‘arrestable offences’; the time limits for some prosecutions have increased, with increased penalties of up to £5000 per offence; extended use of search warrants.

OFFENCES

It is illegal to: • Intentionally or deliberately kill, injure or capture (or take) bats; • Deliberately disturb bats (whether in the roost or not); • Recklessly disturb roosting bats or obstruct access to their roosts; • Damage or destroy bat roosts; • Possess or transport a bat or any part of a bat, unless acquired legally; • Sell (or offer for sale) or exchange bats, or parts of bats.

Roosts

• ‘Roost’ is not used in the legislation, but is used here for simplicity.

• The actual wording used is ‘any structure or place which any wild animal…uses for shelter or protection’ (WCA) or ‘breeding site or resting place’ (Habitats Regs.) • Because bats tend to re-use the same roosts after periods of vacancy, legal opinion is that the roost is protected whether or not the bats are present at the time.

Definition of ‘intentionally’

• ‘a result is intended when it is the actor’s purpose’.

• It can be inferred by a court when the result is a virtually certain consequence of the act and the actor knows that it is a virtually certain consequence.

More definitions

•

‘deliberately’

is not well defined in law, although the House of Lords has equated it with ‘wilfully’.

• A person acts

recklessly

if he deliberately takes an unacceptable risk (recognises the risk but takes it anyway) or fails to notice or consider an obvious risk (does not consider whether there is a risk).

Defences in law

1. Injured or disabled animals may be taken and possessed solely for the purpose of looking after them and releasing them once they are no longer disabled; similarly, badly injured animals may be killed legally.

2. Within dwelling-houses, bats may be disturbed and bat roosts may be damaged, destroyed or obstructed. However, bats may not be killed, injured or taken.

3. Killing, injuring, taking or disturbing bats, or damaging, destroying or obstructing roosts are not offences if these were the incidental result of a lawful operation and could not reasonably have been avoided.

• These three statements apply to any species on Schedule 5 of the WCA, or any ‘European protected species’, but there is one special provision which applies only to bats.

• This states that defences 2 and 3 cannot be relied on (except within the living area of a dwelling house) unless the Statutory Nature Conservation Organisation (SNCO) had been notified and allowed a reasonable time for a Licenced Bat Worker to advise on whether the proposed action should be carried out and, if so, the method to be used.

• Therefore householders with bats in their houses (other than the living area) or trees etc. must notify the SNCO.

Prosecution

• Prosecution for offences must be brought within 6 months of the date upon which sufficient evidence became available to the prosecutor, subject to a time limit of 2 years after the commission of the offence.

• Penalties for most offences are up to level 5 on the standard scale per offence (£5000 per offence in 2003) and/or a custodial sentence of up to 6 months.

Licences

• SNCOs can issue licences to Licenced Bat Workers to allow otherwise prohibited actions, such as catching and handling bats, for scientific or educational reasons, ringing and marking, conservation, photography or protecting zoological collections. This covers bat-roost visiting and hibernacula visiting.

• Licences in connection with public health or safety, prevention of the spread of disease or the prevention of serious damage to livestock, crops or other property may be issued by DEFRA, NAW Countryside Division, SE or NI E&HS.

Licences under Habitats Regulations

• SNCOs can issue licences under HR to permit otherwise prohibited acts where this is considered to be for imperative reasons of overriding public interest (primarily development). This includes building and re-roofing, pest control, remedial timber treatment or cavity-wall insulation.

• Licences only issued if there is no satisfactory alternative and when the action authorised will not be detrimental to the maintenance of the populations of the species concerned at favourable conservation status in their natural range.

• Mitigation works can be prescribed, such as providing an alternate roost site etc.

Site of Special Scientific Interest

• Acts or operations that take place in a SSSI are covered by Part II of the WCA.

• SNCOs have a particular role in the enforcement of this part of the legislation and should be contacted if you believe something illegal is taking place.

Where do bats roost?

Buidings

(roof spaces, under soffit boards, in cellars, in cracks/crevices in brickwork/stonework).

Bridges

(in cracks/crevices in brick/stone).

Trees

(hollows/cavities, old woodpecker holes, cracks/splits, under loose bark/ivy).

Caves/Mines/Tunnels

(usually hibernate in underground sites).

Evidence of bats

• Apart from actually seeing the bats entering/exiting the roost, the most likely sign will be droppings beneath a roost (roof floor, window sills etc.) • Other signs include shiny oil deposits around tree holes, musty smell due to urine, dark urine stains on bark beneath hole, flies around hole entrance, noise of chattering on warm summer days.

How many bat species?

• Worldwide, bat species account for one fifth of all mammal species (approx.1000 bat species).

• Megabats (fruit bats/flying foxes) and Microbats (use echo-location).

• There are 17 UK species of bat

Barbastelle

Bechstein’s

Brandt’s

Brown Long-eared

Common Pipistrelle

Daubenton’s

Greater Horseshoe

Grey Long-eared

Greater Mouse-eared

Leisler’s

Lesser Horseshoe

Nathusius’ Pipistrelle

Natterer’s

Noctule

Serotine

Soprano Pipistrelle

Whiskered

Tree roosts

• Most UK bats may use trees as summer roosts. Often the bats move between a number of roost sites.

• In winter only a few UK bats use tree roosts as hibernation sites. These include Common Pipistrelle, Leisler’s, Nathusius’ Pipistrelle, Noctule and Soprano Pipistrelle