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Method Statement For Pondsv2
Method Statement For Pondsv2
2.0 Legislation
Great crested newts (GCN) are subject to both UK and EU legislation, being
protected under the Wildlife and Countryside Act and the Conservation of Habitats
and Species Regulations 2010. As well as the animals themselves being protected
the legislation also makes it illegal to damage or destroy their breeding site (ie,
pond) or resting place (ie terrestrial habitat). Habitat is protected up to 500m from
their breeding ponds.
A conviction under the Wildlife & Countryside Act or the Conservation of Habitats &
Species Regulations can result in a fine of up to level 5 on the standard scale
(£5,000 in 2004) and/or up to six months imprisonment for each offence. Harm to
more than one animal may be taken as separate offences. The police can also
confiscate any item, such as equipment, vehicles or machinery, used to commit the
offence.
3.0 Licensing
In most situations a mitigation licence is required from Natural England in order to
undertake any actions affecting GCN which would otherwise be prohibited by law.
Following a site meeting on 11th June 2013 with Natural England (NE) it was agreed
that due to the relatively low impact of the proposed works and tight time constraints
the works could be undertaken without the need for a licence provided that the works
were strictly controlled and the risk to GCN could be reduced to an absolute
minimum.
It has been agreed that a licence application will be submitted to NE in due course to
cover the main construction works and associated mitigation.
6.0 Mitigation
The proposed works are of a small scale , are of a short duration and will result in
temporary disturbance to largely sub-optimal terrestrial habitat. Given this a
reasonably straightforward approach to mitigation can be adopted to reduce the risk
of encountering or harming GCN.
A ‘Toolbox Talk” will be prepared to familiarise all contractors with the legislation in
respect of GCN, their identification and welfare. The following safe working practices
will be undertaken as described below :
• Prior to any heavy machinery being used within the works area the area is to
be checked by an experienced GCN ecologist . Particular attention is to be
paid to any objects/materials/features that may provide shelter for GCN.
• Once it has been confirmed that no GCN are within the working area heavy
machinery can be brought into the area.
• Where the ponds are to be excavated the turfs should be saved to dress the
bare edges of the pond.
• Any open excavations/trenches for the cabling or drainage are to be backfilled
by end of the day to avoid GCN migrating into the excavations overnight.
• If it is necessary to leave trenches/excavations open overnight pieces of
timber are to be left in the trenches to allow GCN to crawl out. The trenches
are to be inspected by an experienced ecologist immediately prior to
backfilling.
• Unwanted spoil from the pond excavations etc must be removed from the
field by the end of the day.
• If spoil is to be stored it must be placed on ply boards supported at the edges
by battens to raise the edges of the board off the ground.
• Any other materials must be stored off the ground (ie on pallets) if left
overnight.
IMPORTANT NOTE :
Any GCN that are encountered will be immediately released into areas of suitable
cover away from the works. The Toolbox talk will include instructions should
contractors encounter GCN when the ecologist is off site.
6.0 References
Kemp (July 2013) : Ecological Method Statement for mobile classroom installation at
Hankham C of E Primary School.
Natural England (June 2013) : Hankham Church of England Primary School, East
Sussex – Classroom extension and repositioning project -Natural England pre-
licence application advice : Great Crested Newts