Amphibians and Reptiles
Under the Wildlife & Countryside Act 1981
& Habitat Regulations 1994 certain reptiles and amphibians have
special protection.
Offences
It is an offence to:-
- Intentionally kill, take or injure these animals.
- Damage, destroy or obstruct a place such an animal uses for
breeding, resting, shelter or protection or to disturb an animal in
such a place.
- Possess or control these animals alive or dead, or any part of
them, or anything derived from them.
- Sell, offer for sale, advertise for sale or offer to buy these
animals, or a part of them or anything derived from them.
- Deliberately disturb or deliberately take or destroy the eggs
of an animal listed in the Habitats Regulations.
Exceptions
- Apart from intentional killing or taking, amphibians and
reptiles are not protected if they are in a house where someone is
living.
- Where an animal is sick or injured it can be taken in order to
treat it with the intention of releasing it when fit or to kill it
if it is so badly injured that it will not recover.
- Where an offence happens unintentionally during a lawful action
and could not be reasonably avoided.
- If you can prove that a protected animal was obtained lawfully,
for instance after a road traffic accident.
Licence
A licence should always be sought to carry out activities
affecting protected species. Licences can be issued for specific
purposes including scientific study, photography, conservation
management and development.
Protected amphibians and reptiles can in certain circumstances
be killed, taken, or disturbed under the authority of a
licence.
Where a licence authorising an activity has been granted by the
Countryside Council for Wales or the Welsh Assembly Government, the
activity can be carried out legally as long as the conditions of
the licence are followed.