Answers to Our Quick Quiz Questions!

1) Which species shown on this page, are protected?    

     The simple answer is that they all benefit from some degree of legal protection, but      the level of protection varies considerably, from the full legal protection afforded to      the kingfisher, to the protection against trading for the stag beetle.

    Badger (Meles meles)
     The Protection of Badgers Act, 1992, makes it an offence to kill, injure or take a      badger (Section 1), cruelly treat or dig for badgers (Section 2) or interfere with a      badger sett (Section 3) including damaging, destroying or obstructing a sett or to      have possession of or to trade in badgers (Section 4). Furthermore, the badger is      included in Schedule 6 of the Wildlife and Countryside Act, 1981, which in addition      to the above, makes it an offence to seek to trap or snare a badger. There are      however exceptions, where with the consent and or a licence from the appropriate      authority, badgers can be killed or moved.

    Palmate Newt (Triturus helveticus)
     Is included in Schedule 5 of the Wildlife and Countryside Act, 1981, and is protected      therefore by Section 9(5) of that Act which makes it an offence to trade in the      species, or to take or keep the newts for sale. However, other than this, the species      does not benefit from any other protection.

    Adder (Vipera berus)
     The adder is a Schedule 5 species under the Wildlife and Countryside Act and      benefits from protection under Sections 9(1) and 9(5) of that act. Section 9(1)      makes it an offence to “intentionally kill, injure or take” an adder .Furthermore, under      Section 9(5) it is an offence to sell or take or possess for sale an adder.

    Stag Beetle (Lucanus cervus)
     As with the palmate newt, the stag beetle benefits only from protection against trade      in the species under Section 9(5) of the Wildlife and Countryside Act, 1981.It is      therefore an offence to sell, or take or possess for sale.

    Kingfisher (Alcedo atthis)
     The kingfisher has full protection under the law. As a Schedule 1 species under the      Wildlife and Countryside Act, 1981, it is protected by virtue of Section 1 of the Wildlife      and Countryside Act 1981, which makes it an offence to kill, injure or take any wild      bird, take, damage or destroy the nest (whilst it is in use),take or destroy the eggs,      to be in possession of the bird or its eggs, dead or alive, or disturb birds whilst      building a nest or  in on or near the nest, or to disturb the young.

    Roe Deer (Capreolus capreolus)
     The roe deer does not benefit from any specific legal protection, but like all wild      mammals, is given some protection under the Wild Mammals (Protection) Act,      1996.This act makes it an offence to cruelly treat or inflict unnecessary suffering on      a wild mammal, including mutilating, beating, impaling, stabbing, burning, stoning,      crushing, dragging or asphyxiating the mammal.    

    Bluebell (Hyacinthoides non-scripta)
     The bluebell is a Schedule 8 species under the Wildlife and Countryside Act, 1981      and is given some protection under Section 13(2) of that act in that it is an offence to      sell or offer for sale any wild bluebell plants or bulbs. Furthermore, the bluebell      benefits from the general protection afforded all wild plants under Section 13 (1) b      of the act in that it is an offence for an unauthorised person to intentionally uproot      any wild plant.

    Bee Orchid (Ophrys apifera)
     Despite its exotic appearance and relative scarcity, the bee orchid does not in fact      have the benefit of any specific legal protection. It does however benefit from the      general protection against uprooting afforded all wild plants under Section 13(1) b      of the Wildlife and Countryside Act, 1981.

If you would like to check which species of plants and animals in the UK are protected or endangered, the Joint Nature Conservancy Council has collated a comprehensive list.

2) What is an Appropriate Assessment?

    An Appropriate Assessment is one required under Regulation 48 of the       Conservation (Natural Habitats &c.) Regulations,1994.  A ‘competent authority’       (e.g. a local authority for the purposes of planning applications)”before deciding to       undertake or give any consent, permission or other authorisation for, a plan or       project”, must first undertake an “appropriate assessment of the implications for the       (European) site in view of that site’s conservation objectives”, either alone, or in       combination with other plans or projects, if it is not directly connected with, or       necessary for the management of the European site.

      European sites are those notified as Special Areas of Conservation (SAC) or       candidates (cSAC)under the terms of the EC Habitats Directive and Special       Protection Areas (SPA) and potential areas (pSPA)under the terms of the EC Birds       Directive, as well as Ramsar sites designated under the Ramsar Convention.

      In strict legal terms, an Appropriate Assessment is only required if the competent       authority has first determined that the plan or project is “likely to have a significant       effect” on a European site (see ODPM Circular 06/2005,’Biodiversity and       Geological Conservation – Statutory Obligations And Their Impact Within The       Planning System’, paragraph13). This assessment must be taken on a       precautionary basis and based on the probability or risk of a significant effect. In       practice however, the “assessment of likely significant effect” is seen as the first       step in a three step process of Appropriate Assessment, as set out in ‘Planning for       the Protection of European Sites: Appropriate Assessment,’ DCLG, August 2006.