Wildlife ManagementStatuory Protection - The Wildlife and Countryside Act of 1981, amended by the Countryside and Rights of Way Act (CRoW) of 2000, provides statutory protection to bird, bats and many other species that inhabit trees.

Legislation has also been enacted in Europe (EC Habitat Directive 1992) that ensures that protection has also been put into place for many different flora and fauna. Schedule 2 of the Conservation of Habitats and Species Regulations 2010 provides the necessary protection to all species of bats.
In order to ensure that any tree works are in compliance with the above legislation, it is essential to know whether there are any nesting birds, bat roosts, badgers, hedgehogs or other hibernating animals within the tree. There is a clear distinction in the law in how a bird’s nest can be dealt with in relation to a bat roost.
- Protection for birds - Section 1 of the Wildlife and Countryside Act makes it an offence to intentionally or recklessly take, damage or destroy a birds nest while it is in use or being built. However, the act does not preclude the removal of an unused nest, for example during winter months. It is clear that the timing of any tree works must be carefully planned so as not to disturb birds during the nesting season.
- Protection for bats - The requirements for bats are noticeably more stringent, and the offence is committed for either taking, injuring or killing a bat, disturbing a bat, and/or damaging, destroying or obstructing access to a bat roost. The important aspect point here is that the roost does not need to be in current use for the offence to be committed. A roost is interpreted as any structure or place which is used for shelter or protection, whether or not bats are present at the time. If a roosting site is identified, and it is necessary to move the roost, consent needs to be obtained from Natural England (in England) and a suitably qualified expert in bats should be employed to supervise the moving of the roost.
At Tree Frontiers we are able to provide you with the necessary assistance to confirm the presence (or not) of birds nest, and to identify the likely locations of bat roosts. However we do not hold the necessary licences or expertise to undertake full bat surveys or to supervise the relocating of bat roosts.

