Bat species are fully protected in England, Scotland and Wales under the Wildlife and Countryside Act 1981, as amended by the EC Habitats and Species Directive 1992 (brought into force via the Habitats and Species Regulations 1994), Schedule 5 and it is therefore illegal to carry out any of the following actions:
• deliberately kill, injure or capture (take) bats.
• deliberately disturb bats (whether in a roost or not).
• damage, destroy or obstruct access to bat roosts.If bats or roosts (a structure or place which a wild animal uses for shelter or protection) are found at a site where construction work is to be carried out it can cause major problems and possibly delay work. (We have recently experienced long delays with one of our current projects).
There are however three defences in the law allowing what would otherwise be illegal acts:
2. within dwelling houses bats may be disturbed and bat roosts damaged, destroyed or obstructed.
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.
Points 2 and 3 can only be relied upon if the appropriate Statutory Nature Conservation Organisation (SNCO) has been notified and have been allowed a reasonable time to advise on the proposed action and the method, if acceptable, to be used - unless the findings are in the living area of a dwelling house.
There are many techniques available for the detection of bats, but these are often labour intensive and realistically bats are often present with very little or even no evidence at all. It is essential that when any work on a building or structure is planned including site clearance, tree felling and demolition that advice is sought from the relevant SNCO.
Some examples of detection techniques are:
• Sign surveys:
* Faeces and urine particularly at roost entrances. Bat faeces looks like mouse droppings but is dry and powdery, containing insect exoskeletons.
* Food remains; with some species the wings of butterflies, moths and other food may be found.
• Visual location: bats may be seen at dusk and dawn entering and exiting roosts, but many bats are timid and may not be seen.
• Audible location: some bats emit audible social calls.
• Building occupants: often building occupants are aware of bats and may provide useful data.
• Ultrasonic location: detectors are available which make the inaudible ultrasound emitted by bats as echolocation audible to humans.
Please remember the legislation that protects bats is wide-ranging; all buildings, whether they are existing or planned, are potential roosts and therefore entail liability. It is best to assume that there are always bats present until proved otherwise.
Useful Info:
Useful Contacts:
English Nature Northminster House, Peterborough, PE1 1UA 01733 455000
Scotland
Scottish Natural Heritage 12 Hope Terrace, Edinburgh, EH9 2AS 0131 4474784Wales
Countryside Council for Wales Plas Penrhos, Ffordd Penrhos, Bangor, Gwynedd, LL57 2LQ
01248 370444
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