New rules have recently come into force in the UK which oblige civil engineers to take even more care of protected species and habitats during construction works. Jon Abbatt of environmental consultancy ADAS explains the ever-tightening legislation and what it means for the profession.
Tough new legislation came into force in Britain in August 2007 to strengthen conservation measures relating to all listed European protected species and their habitats. Ordered by the EU, it tightens existing UK regulations and also closes any loopholes which might conceivably have allowed offenders to avoid prosecution through a claim of incidental damage.
The Department for Environment, Food and Rural Affairs (Defra) has also since moved to strengthen existing national legislation by vastly extending the list of priority species and habitats requiring protection. This new and expanded list is based upon the most comprehensive analysis of endangered species and habitats ever undertaken in the UK, and will be used to guide future government-approved conservation action throughout the country, including Scotland, Wales and Ireland.
The new and revised UK Biodiversity Action Plan now contains 1149 species and 65 habitats as listed for priority conservation action (www.ukbap.org.uk). This compares with the 577 species and 49 habitats listed under the previous 1997 plan. New to the list are some once-common species such as hedgehogs, house sparrows and starlings.
Strict enforcement warning
For civil engineers and other construction professionals not only does this mean more species and habitats to worry about, but Natural England—the statutory conservation agency for England—has already issued a warning that it intends strict enforcement of the new legislation.
Any defence claiming accidental damage to protected habitats or species through a lack of knowledge of their existence now stands little or no chance of success. Whereas prosecution penalties may not be considered as extreme, ranging from fines of up to £5000 to a six-month prison sentence, for most reputable companies the unwanted publicity likely to emanate from any prosecution may prove far more damaging.
The types of animals classified as European protected species which civil engineers are most likely to encounter in the UK include several types of bat, otters, dormice, water voles, great crested newts, natterjack toads and some butterflies (see table). Combine this with the ever growing list of UK protected species—including badgers, lizards and the like—and the risks multiply further.
Need for detailed surveys
It is thus more vital than ever to carry out a thorough environmental survey prior to the start of any new construction works. The growing number of protected species and habitats means that no area can possibly be designated as ‘safe’ without undertaking a detailed survey.
Common lizards are among the 1149 species now protected in the UK—resident colonies need to be satisfactorily captured and relocated before construction work can begin
Common lizards are among the 1149 species now protected in the UK—resident colonies need to be satisfactorily captured and relocated before construction work can begin
Discovering protected species and habitats on a site is undoubtedly problematic and can certainly cause delays, but it need not be the end of planned works. By employing protected species licence holders, solutions can be found and implemented. Relocation is still allowable, hence alternative habitats can be identified or created, and well-planned mitigation measures often result in improved habitats for affected species.
Early planning advisable
For the construction industry, tighter environmental protection undoubtedly means challenging times ahead. Early planning must be advisable if costly delays are to be avoided. Even where a problem is deemed to exist, however, solutions can be found, although they might sometimes involve some innovative thinking.
| European protected species found in UK | European protected plants found in UK |
|---|---|
| Bats, horseshoe (all species) | Creeping marshwort |
| Bats, typical (all species) | Early gentian |
| Common otter | Fen orchid |
| Dolphins, porpoises and whales (all species) | Floating leaved water plantain |
| Dormouse (but not edible or fat dormouse) | Killarney fern |
| Great crested newt (or warty) | Lady's slipper |
| Large blue butterfly | Shore dock |
| Marine turtles | Slender naiad |
| Natterjack toad | Yellow marsh saxifrage |
| Sand lizard | |
| Smooth snake | |
| Sturgeon | |
| Wild cat |
FOR FURTHER INFORMATION CONTACT, Jon Abbatt, TEL +44 1772 703070, EMAIL jon.abbatt@adas.co.uk WEB www.online-ecosurvey.co.uk
