Environmental Statement volume 4 - Chiltern Evergreen3

Chiltern Line, Oxford - Bicester August 2009Otter and Water Vole ReportLegislation and Planning Policy1.8 As Water Vol es a re li sted on Sched ule 5 of The Wil dlife and Countryside Act (19 81), th eyreceive protection under Section 9 of this Act. Thi s Act ha s been amended several times,most recently by the Countryside and Rights of Way Act 2000 which added ‘or recklessly’ toSection 9(4) (a) and (b). In summary it is an offence to;intentionally kill, injure or take a Water Volepossess or control any live or dead specimen or anything derived from a Water Voleintentionally or reckle ssly damag e, de stroy o r ob struct a ccess t o any st ructure o rplace used for shelter or protection by a Water Voleintentionally or recklessly disturb a Water Vole while it is occupying a structure whichit uses for that purposetransport for sale or exchange, or offer for sale or exchange a live or dead Water Voleor any part of a Water Vole.1.9 As Otters are listed on Schedul e 5 of The W ildlife and Countryside Act (19 81), they receiv eprotection under S ection 9 of this Act. Thi s Act has been am ended several times, m ostrecently by the Cou ntryside and Ri ghts of Way Act 2000 which added ‘o r reckle ssly’ toSection 9(4) (a) and (b). In summary it is an offence to;intentionally kill, injure or take an Otterpossess or control any live or dead specimen or anything derived from an Otterintentionally or reckle ssly damag e, de stroy o r ob struct a ccess t o any st ructure o rplace used for shelter or protection by an Otterintentionally or reckle ssly disturb a n Ot ter while it is occupyin g a stru cture which ituses for that purposetransport for sale o r exchange, or offe r for sal e or exchange a li ve or dead O tter orany part of an Otter.1.10 They are also listed in Schedule 2 of t he Conservation (Natural Habitats, & c.) Regulations(known as the Habitats Regulations) and as such receive prote ction under Regulation 39 ofthese Regulations which make it an offence to;deliberately capture or kill an Otterdeliberately disturb an Otterdamage or destroy a breeding site or resting place of an Otterkeep, transport, sell, exchange or offer for sale or exchange a live or dead Otter orany part of an Otter.1.11 The Conservation (Natu ral Habitats, &c.) (Am endment) Re gulations 2 007 (th e 20 07Regulations) have up dated the Conservation (Habitats &c.) Regulations 1994. Th e ma inchanges b rought ab out by this legi slation in clude the re moval of the ‘in cidental re sultdefence’. In other words it is no longer a defence to show that the killing, capture o rKeystone Environmental 2