Recent changes to the protection measures for wildlife and their habitats will have an impact on the way that utility tree work should be carried out. Arboricultural companies must ensure that their staff are familiar with protected species and the habitats they are likely to come across.
Last year’s amendments to the Wildlife and Countryside ACT 1981 (as amended), and the Conservation (Natural Habitats, &c.) Regulations 1994 were the latest in a series of protection measures for wildlife and their habitats. Additional species have received protection, defences have been withdrawn, penalties have increased and definitions have been refined.It is no longer an adequate defence to suggest that damage to a European Protected Species or its habitat was accidental, or due to a lack of knowledge of its existence on a specific site.
Protected species most likely to be encountered when carrying out utility tree work include nesting birds, Bats, and Common Dormice, but other species, including Badgers, Great-Crested Newts and reptiles, may be affected by other work on the ground. The problem for most arborists is that whilst they are likely to be very familiar with obvious signs of protected species e.g. bird’s nests and Badger setts, other species such as Bats and Dormice are less easy to detect. So where, for instance there are Bat habitats present e.g. cracks and crevices in trees, it may be necessary to call in a Bat specialist to carry out a proper survey to determine whether bats are present or not.
The first line of defence for arboricultural companies is to make sure that both they are their staff are familiar with all the protected species and their habitats they are likely to come across. This is likely to involve some basic training.
It is then essential to inspect all work sites and any affected trees or vegetation in advance of the work. Where swathes of trees need to be cleared beneath electricity lines, the potential damage to protected species and/or their habitats is obviously increased.Whilst all this may mean extra expense for arborists, some or all of the expense can and should be passed directly on to the clients. In addition, the costs are low when compared to the alternatives or not complying with environmental legislation. Up to six months imprisonment can result and fines up to £5,000 per offence - that is per creature injured, killed or disturbed, can be incurred!
For more information please contact Roy Dyer by e-mail roy.dyer@adas.co.uk or telephone 01483 212951.