Most, if not all, British bat species are believed to be in decline, and all of the sixteen or seventeen species* are protected by European and UK legislation: the Conservation (Natural Habitats) Regulations 1994 and amendments and Schedule 5 of the Wildlife and Countryside Act 1981. This affords complete legal protection to all bats and their roosts.

Offences:

• The protection provided by these laws means that it is illegal to:
• Kill, injure or handle a bat
• Disturb bats when they are roosting
• Obstruct, damage or destroy the places where bats live (this applies even if the bats are not in residence)
• Possess, control, transport, sell, exchange or offer for sale/exchange any live or dead bat or any part of a bat
• Keep bats in captivity

If any activities are undertaken that result in any of above an offence would be committed under the law.  If prosecuted fines of about £5,000 (per bat) can be applied or 6 months imprisonment.

Exceptions:

There are a number of exceptions where such activities can be undertaken without an offence being committed:

• You can tend to an injured bat in order to relase it when it recovers or you can kill a bat that is so seriously injured it has no reasonable chance of recovery.
• If any actions or works, such as household maintenance or development work, are likely to impact on bats then a (derogation) licence may be able to be obtained from the Welsh Assembly Government.  This will allow works to be undertaken, dependent upon the implementation of certain conditions and methods of working.  Mitigation may be required to be provided, especially in the case of developments, where for example roosts are removed.  New roost spaces are normally required to be provided if any are lost.
• Examples of work that could impact upon bats:
• Developments that include demolition of buildings or other structures, removal of trees and hedges.
• Re-roofing
• Remedial timber treatments in residential houses
• Maintenance or alterations to residential houses
• Re-wiring
• Control of wasps, bees, flies etc in residential houses

If you are intending to carry out any of the work above and have concerns about bats please contact the Countryside Council for Wales www.ccw.gov.uk

Development and Planning:

Where development sites have suitable features for bats to utlise, such as buildings and trees, a bat survey will be required to be undertaken to inform the determination of any planning application.  As bats are European and Nationally Protected Species they are a material planning consideration and relevant information about any possible impacts on such species will be required up-front.  It should be noted that limited survey work can be undertaken in the winter months (Oct-April) as bats are hibernating during this period.  Works undertaken during this time are limited to initial assessments to rate the suitability of trees and structures for bats.  If such features have a reasonable potential to support bats further work over the summer months (end of May - end of Sept) will be required.  If bats are discovered then a mitigation plan may need to be provided, the implementation of which may then be a requirement of any permission granted.  In addition, a licence from the Welsh Assembly Government may also be needed.  All survey work should be undertaken by a licensed bat consultant and should meet Bat Conservation Trust Guidelines.  For further detail in relation to planning please refer to the Biodiversity Supplementary Planning Guidance and associated documents.

Further Information:

For further information please try the following websites:

• www.bats.org.uk
• www.ccw.gov.uk
• www.wales.gov.uk

For further information and an overview of other biodiversity law please follow this link.

If you have any further queries please contact the Conservation Section.

* Greater Mouse-Eared Bat Myotis myotis had been declared extinct in 1991 but a few individual bats have been found since in South East England