Is your UK business likely to be affected by the Great Crested Newt? This amphibian species, legally protected in the UK under the Wildlife and Countryside Act, is common in many parts of Southern and Eastern England. In addition to the animals themselves, their habitat, consisting of ponds and ditches where they breed and land up to 500m from their breeding ponds/ditches, is protected by legislation. The legislation was strengthened in 2000 and the implications are still filtering through to business, with increasing impacts being felt particularly on business activities involving development and use of land, including brownfield sites.

If you undertake an activity that harms this species or its habitat without having first obtained a site licence from DEFRA, you are likely to break the law and potentially face a significant fine. This applies regardless of whether you already have planning consent for a development activity.

So if you have a pond, ditch or other water body on or near some land you are planning to develop, are you likely to have this species? Some factors that increase the risk of Great Crested Newts being present in a particular water body in England are as follows (in approximately decreasing order of importance):

1. Water body close to (within 1km) of other ponds;
2. Any combination of hedgerows, scrub, woodland, rough grass, derelict land connecting, or nearly connecting, the water body to other nearby ponds;
3. Any of the following: scrub, hedges, shrubberies, woodland within 200m of water body;
4. Water clear;
5. Fish absent;
6. Water body largely unshaded.

Legal implications of the species being present on a site depend on the activities proposed, and professional advice should always be sought before taking any decisions that may involve protected species. For indicative purposes only, some of the offences relating to the Great Crested Newt can include:

• Intentionally or deliberately capture or kill;
• Intentionally injure;
• Deliberately disturb, or intentionally or recklessly disturb in a place of shelter or protection;
• Damage or destroy a breeding site or resting place;
• Intentionally or recklessly damage, destroy or obstruct access to a place used for shelter or protection.

Many businesses have to deal with the implications of having the Great Crested Newt and other protected species present on their land, and are able to successfully address the issue to enable their proposed activities to proceed legally and profitably.

However, surveys and mitigation actions for this species, in common with other protected species, are limited to certain seasons of the year, so it is worth starting the process of addressing any protected species issues as soon as possible to save time and money.

Richard Sands helps businesses address wildlife and ecology issues. For further information on assessment, survey and implications relating to Great Crested Newts, and links to practical information on other protected species, visit: http://www.AdonisEcology.co.uk/newtsurv.html