Most statutes allow for the legal protection to be circumvented under a licensing regime.
At the European level, our in-house team of ecology consultants has a wealth of practical experience of working with great crested newts, bats, dormice, reptiles, crayfish, and otters, and the team is able to secure European Protected Species Licenses (EPSL) that will facilitate development. In order to gain an EPSL, three strict legal tests have to be met and Baker Consultants is experienced in helping clients to meet these tests; one of which is ecological in nature. Andrew Baker has considerable expertise in nature conservation law and, in fact, has taught species protection law to many of the regulators’ species licensing teams.
Baker Consultants’ team is also experienced in badger mitigation and the associated licensing process. Badger setts are protected under the Badger Act 1992, which states that a sett is protected where there are signs of current use. Baker Consultants now use heat trigger cameras as a means of proving current use. By using photographic evidence, we have been able to prove to Natural England’s satisfaction that setts were abandoned and, therefore, could be excluded without the need for a license (see our Network Rail case study on remote monitoring of a badger set).
Protected Species Licensing