Ecology

In England, there are three main pieces of legislation providing statutory protection for certain species of animal and plant:

• The Wildlife & Countryside Act 1981
• The Conservation (Natural Habitats) Regulations (1994)
• The Protection of Badgers Act (1992)

All new building, refurbishment and maintenance projects need to comply with this legislation and, if possible, achieve benefits for wildlife.

Species that are widely distributed in Kent, such as great crested newts, dormice and bats are European Protected Species and as such are protected against:

• deliberate disturbance, capture or killing
• deliberate taking or destruction of their eggs
• damage or destruction of their breeding site or resting places.

This protection also applies to all birds.

Any work that could potentially impact on the above species requires a licence from the Department of Environment, Food and Rural Affairs (Defra). Undertaking work without a valid licence, or other offences against protected species, could result in a fine of up to £5,000 or six months in prison per offence. For example destroying two active nests could result in a fine of up to £10,000.

To ensure the legislation is adhered to ecological surveys should be undertaken, prior to commencing development, by a company qualified to undertake them. Property & Infrastructure Support can arrange surveys and any necessary mitigation measures for KCC managed schemes, however this responsibility lies with the school/building user when managing their own projects.

For more details please contact property.enquiries@kent.gov.uk.