Legislative protection for the UK’s herpetofauna

England               and                Wales

Wildlife legislation in the UK is complicated, both through its steady evolution and amendment creating numerous different acts, regulations and statutory orders, etc, but also because the Environment is a devolved function for the different country administrations in the UK. Therefore different legislation (and policy) has developed in the different countries of the UK. It is also further complicated by the interaction between national, European and international legislation and jurisprudence. Different levels of protection apply to different species. The summary below identifies the protection afforded to reptile and amphibian species in England and Wales through nature conservation legislation; we have not addressed site/habitat protection mechanisms. Some additional protection can be afforded through animal welfare legislation and through other measures, such as land use planning regimes.

A. European Protected Species (i.e. smooth snake, sand lizard, natterjack toad, pool frog (note: this species not covered by section (d) (ii) below) and great crested newt and marine turtles) are protected against:

(a) deliberate capturing, injuring or killing

(b) deliberate disturbance in such a way as to be likely significantly to affect—

(i) the ability of any significant group of animals of that species to survive, breed, or rear or nurture their young; or

(ii) the local distribution or abundance of that species;

(c) deliberate taking or destroying the eggs of such an animal; or

(i) damaging or destroying a breeding site or resting place of such an animal and/or

(ii) intentionally or recklessly -

(a) disturbing any such animal while it is occupying a structure or place
which it uses for shelter or protection; or (b) obstructing access to any
structure or place which any such animal uses for shelter or protection."

(e)* any person—

(i) having in their possession or control;

(ii) transporting;

(iii) selling or exchanging; or

(iv) offering for sale or exchange, any

(a) live or dead animal or part of an animal—

(i) which has been taken from the wild; and

(ii) which is of a species or subspecies listed in Annex IV(a) to the Habitats Directive; and

(b) part of, or anything derived from, such an animal or any such part of an animal;

unless the animal from which the part or the thing in question is derived, was lawfully taken from the wild (i.e. taken from the wild in the European Union without contravention of appropriate domestic legislation and before the implementation date of the Habitats Directive (in that Country e.g. 1994 in UK) or if it was taken from elsewhere). * This section also covers all other species listed on Annex IV of the Habitats Directive.

These relate to ‘wild animals’ and apply regardless of the stage of the life of the animal in question. Unless the contrary is shown, in any proceedings for an offence under paragraph the animal in question is to be presumed to have been a wild animal. Note that different defences and licensing regimes are appropriate under the Wildlife & Countryside Act 1981 as amended (which relates only in the context of intentional & reckless damage & disturbance whiles occupying a place used for shelter & protection (d) (ii) a-c above) and the Habitats Regulations 1994 as amended (relating to all other provisions described above.

The legislation & section numbers, and amendments:

Regs 39 of Conservation (Natural Habitats, etc) Regulations 1994 http://www.opsi.gov.uk/SI/si1994/Uksi_19942716_en_1.htm as amended by Reg 13 of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf

Section 9 (4) a-c only of The Wildlife & Countryside Act 1981 text version (& some amendments) HERE  or, in PDF format HERE as amended:-

(i) Inclusion of Marine turtles on Sch 5 were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I.1988/288. http://www.opsi.gov.uk/si/si1988/Uksi_19880288_en_1.htm

(ii) Inclusion of Reckless disturbance via Section 9(4) of the Wildlife and Countryside Act 1981 (c.69) was amended by section 81(1) of, and paragraph 5(a) of Schedule 12 to, the Countryside and Rights of Way Act 2000 (c.37). http://www.opsi.gov.uk/acts/acts2000/20000037.htm

(iii) Full amendment of Section 9(4) via Reg 62 (/) of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf

(iv) Amendment of Sch 5 to include EPS only with regards to section 9(4)(b) and (c) and (5) only through Reg 62 of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 http://www.opsi.gov.uk/si/si2007/uksi_20071843_en.pdf – with effect 21 August 2007

(v) Statutory Instruments 2008 no. 2172: The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 ; see http://www.opsi.gov.uk/si/si2008/uksi_20082172_en_1 Amends the Habitats Regulations to add Pool Frog to Schedule 2. There is no corresponding amendment to Wildlife & Countryside Act, so this species does NOT receive the same protection as other EPS  herpetofauna

B. Widespread reptiles and amphibians i.e. reptiles (adder, grass snake, common lizard and slow worm) and amphibians (common frog, common toad, smooth newt, palmate newt)

Reptiles only (adder, grass snake, common lizard and slow worm) are protected against:

(a) intentional killing and injuring (note the provision in section 9(1) of Wildife & Countryside Act 1981 prohibiting “taking” does not apply to reptiles)

Both reptiles (adder, grass snake, common lizard and slow worm) and amphibians (common frog, common toad, smooth newt, palmate newt) are protected against:

(b) (i) selling, offering or exposing for sale, or having in possession or transporting for the purpose of sale, any live or dead wild animal or any part of, or anything derived from, such an animal; or

(ii) publishing or causing to be published any advertisement likely to be understood as conveying buying or selling, or intending to buy or sell, any of those things.

The legislation relates only to ‘wild animals’, but in any proceedings the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

This protection is solely through the Wildlife & Countryside Act 1981 as amended and defences and licensing provisions are provided within that Act.

The legislation & section numbers, and amendments:

Section 9 (4) a-c only of The Wildlife & Countryside Act 1981 text version (& some amendments) HERE  or, in PDF format HERE as amended:-

(i) Inclusion of common lizards, grass snakes, slow worms on Sch. 5 were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988, S.I.1988/288. http://www.opsi.gov.uk/si/si1988/Uksi_19880288_en_1.htm

(ii) Inclusion of Adder: article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1991 S.I. 1991/361 http://www.opsi.gov.uk/SI/si1991/Uksi_19910367_en_1.htm

Further advice and guidance:

Habitats Regulations 1994 and amendment 2007:

DEFRA: http://www.defra.gov.uk/wildlife-countryside/ewd/ewd09.htm 

Natural England has a web page with lots of guidance on the changes, including some notes on herp species, at: http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/habsregs.htm

Forestry Commission: http://www.forestry.gov.uk/eps

http://www.forestry.gov.uk/england-protectedspecies

European Commission Guidance on Article 12 of the Habitats ulective: 

JNCC: http://www.jncc.gov.uk:80/page-1377

This information can also be found in a printable (Microsoft Word document) format here.