National Legislation

Otter (small)Legal protection of species in England is provided mainly under the Wildlife and Countryside Act 1981 (as amended). Schedules 5 and 8 are reviewed on a five-yearly basis.
  • Schedule 1 protects certain bird species that are rare, endangered, declining or vulnerable;
  • Schedule 5 protects animal (other than bird) species from certain actions, such as intentional killing, injury, destruction or possession;
  • Schedule 8 protects certain plant species from actions including intentional picking, destruction or trade.

The Conservation (Natural Habitats, etc) Regulations 1994 (as amended) transpose the EC Habitats Directive into national law. In addition to enabling the designation of Special Protection Areas, the regulations also provide species protection:

  • Schedule 2 protects the listed animals from deliberate capture, killing, disturbance or trading in;
  • Schedule 4 protects the listed plants from picking, collecting, uprooting, destroying or trading in.
These actions can be made lawful through the granting of licences by the appropriate authorities.

The Protection of the Badgers Act prohibits the killing, injuring or taking of badgers and damage or interference with a badger sett, unless licensed to do so by a statutory authority.


For more information on protected and designated species see: