Forthbank Wind Energy Development - Partnerships for Renewables

Forthbank Wind Energy Development
The Wildlife and Countryside Act 1981
11.2.7 The Wildlife and Countryside Act 1981 provides protection to a range of species and habitats.
The Nature Conservation (Scotland) Act 2004 amends the Wildlife and Countryside Act in
Scotland.
11.2.8 Section 9 of the Act provides protection to certain animal species. Enhanced protection is
provided for species listed in Schedule 5. Those species potentially present in close proximity
to the proposed wind energy development include water vole.
11.2.9 It is an offence to recklessly kill, injure or take animals listed in Schedule 5, with the exception
of water vole. Water voles are protected in respect of section 9(4) only, meaning that water
vole habitat is protected, although the animals themselves are not.
11.2.10 It is also an offence to recklessly damage, destroy or obstruct access to any place used for
shelter or breeding. Any works which may potentially cause disturbance to these species
requires prior consultation with SNH.
11.2.11 Section 13 provides protection to wild plants. It is an offence to uproot or posses or offer for
sale certain species listed in Schedule 8. It is also an offence to allow or encourage certain
species such as Japanese knotweed and giant hogweed to grow in the wild.
11.2.12 Part two of the Wildlife and Countryside Act provides protection for certain areas which are
considered to be of special interest for their flora, fauna, geology or physiographical features.
It is an offence to damage any sites designated as Sites of Special Scientific Interest (SSSI).
Any works which may potentially cause disturbance to these sites requires prior consultation
with SNH.
The Protection of Badgers Act 1992
11.2.13 The Protection of Badgers Act 1992 provides full legal protection to badgers and their resting
places. In Scotland, this legislation was updated by the Nature Conservation (Scotland) Act
2004.
11.2.14 It is an offence to recklessly take, injure or kill a badger, or destroy or cause disturbance to
their setts. SNH interprets the legislation in such a way that any sett within an active badger
territory is afforded legal protection, whether it shows signs of recent use or not. In addition,
badgers are afforded protection from cruel ill-treatment. This has been defined to include
preventing badgers access to their setts as well as causing the loss of significant foraging
resources within a badger territory.
11.2.15 Licences are available for the disturbance or destruction of setts. SNH must be consulted prior
to any works which could cause disturbance to badgers.
Consultations
11.2.16 To ensure comprehensive coverage of ecological issues, key conservation organisations and
statutory bodies were contacted during the consultation and scoping process. The purpose of
November 2010 Chapter 11 Page 4
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