Supporting Documentation - Renfrewshire Council

a large number of wildlife species which are protected in Scotland and they should be identified and
included in any ecological assessment of an area. Many are protected under one or more of a number of
key pieces of legislation which cover protected species, with further legislation also in place for the
increased protection of certain species.
The Habitats Directive was drawn up to help in the protection of Europe’s nature. To implement this
European legislation, the Habitat Regulations 1994 (as amended in Scotland) were drawn up to ensure
that the species listed under the above directive, in Annex IV, were protected adequately in Scotland.
These are namely European Protected Species such as otters, bats and wild cats. However, the
regulations also encompass protected plants and other species. These regulations ensure that species
onshore and those living in inshore waters are protected, if listed under the above directive. The
regulations are applicable in Scotland only and therefore, do not mirror the regulations in England and
Wales.
The Habitats Regulations, also known as The Conservation (Natural Habitats &c) Regulations 1994 are
made up of a number of schedules including:
• Schedule 2 – ensures the protection of European Protected Species of animals
• Schedule 3 – ensures the protection of those animals in Annex V of the Habitats and Species
Directive whose natural range includes Great Britain
• Schedule 4 – ensures the protection of European Protected Species of plants.
Under the above regulations for European Protected Species, it is an offence, except as permitted under
the Regulations, to deliberately or recklessly:
• Capture, injure, or kill a wild animal of a European Protected Species;
• Harass an animal or group of animals;
• Disturb such an animal while it is rearing or otherwise caring for its young;
• Obstruct access to a breeding site or resting place, or otherwise deny the animal use of the
breeding site or resting place;
• Disturb such an animal while it is occupying a structure or place used for shelter or protection;
• Disturb such an animal in a manner that is, or in circumstances which are, likely to significantly
affect the local distribution or abundance of the species to which it belongs;
• Disturb such an animal in a manner that is, or in circumstances which are, likely to impair its
ability to survive, breed, or reproduce, or rear or otherwise care for its young;
• Take or destroy the eggs of such an animal;
• Damage, or destroy a breeding site or resting place of such an animal.
If disturbance of a European Protected Species is necessary, a licence for the activity is likely to be
needed which is sought from the Scottish Government or Scottish Natural Heritage (SNH).
SNH provide a search tool for locating species in an area. Table 2 below indicates those which have been
recorded in the area since the 1960s. It should be noted that this database is not completely up to date and so
the table below gives merely an indication of what could be on the site.
Waterman Group, Renewable Energy, 2/4 Canning Street Lane, Edinburgh, EH3 8ER T:0131 221 7020
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