the online meeting place for all who love our amphibians and reptiles
Home Page Live Forums Archived Forums Site Search Identify Record Donate Projects Links
Forum Home Forum Home > Herpetofauna Native to the UK > Great Crested Newt
  New Posts New Posts RSS Feed - ú8,400 fine for flouting newt law
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

ú8,400 fine for flouting newt law

 Post Reply Post Reply Page  <12
Author
Message
badgerboy View Drop Down
New Member
New Member
Avatar

Joined: 15 Dec 2006
Location: United Kingdom
Status: Offline
Points: 9
Post Options Post Options   Thanks (0) Thanks(0)   Quote badgerboy Quote  Post ReplyReply Direct Link To This Post Posted: 28 Aug 2008 at 9:06am

Andy

 

Although I understand its just your wishful thinking, the law currently does not allow for your proposal to go ahead. Even if it did, the site would likely having full planning consent and a licence would already have been issued or be applied for from NE so bottom line is that the site would be developed in time. Why then wait until it had become a much better habitiat before effectively destroying it again? Much better to argue the case for an increase to the maximum sentence which is currently ú5000 and or six months in prison. So even if you were the judge, you would be limited to three zeros at the end of anything and would have to take in to account early guilty pleas etc.

Badgerboy
Back to Top
badgerboy View Drop Down
New Member
New Member
Avatar

Joined: 15 Dec 2006
Location: United Kingdom
Status: Offline
Points: 9
Post Options Post Options   Thanks (0) Thanks(0)   Quote badgerboy Quote  Post ReplyReply Direct Link To This Post Posted: 18 Mar 2010 at 9:33pm
Another prosecution. NE press release:

Construction company fined for damaging resting place of
newts
8 March 2010

On 8 March 2010 at Lowestoft Magistrates Court, Barnes
Construction Limited of Ransomes Europark, Ipswich, was
fined ?700 with ?200 costs and a victim surcharge of ?15
after pleading guilty to damaging or destroying a resting
place of great crested newts at the construction site for
a new Travelodge in Leisureway, Lowestoft.

The owners of the land at Potters Kiln had employed
professional consultant ecologists to do a wildlife
survey and apply to Natural England for a licence to trap
and move any great crested newts to a new reserve set up
specially to take them on land immeadiately adjoining the
site. This land is now owned and managed by the Suffolk
Wildlife Trust.

As part of the licenced trapping programme, a special
amphibian-proof fence was erected around the entire site
to help catch the newts but also to prevent them from
returning to the site once they had been transferred to
the adjacent site.

Natural England officers visited the site on 23 May 2008
following a complaint to find that the fence had been
removed in some areas and damaged in others. This would
allow newts to re-entre the site and potentially be
killed or injured by the construction work which had
already started on the site.

The company pleaded guilty to damaging or destroying a
resting place of great crested newts under Regulation 39
(1) (d) of the Conservation (Natural habitats, &c)
Regulations 1994.

Following the verdict, Natural England Wildlife
Enforncement Specialist Paul Cantwell, said:

"This case highlights the need for construction companies
to comply with the law in relation to protected species.
In this particular case, the defendant failed to ask any
questions of the site owner in relation to protected
species and failed to ascertain the purpose of the
amphibian fencing. Had it done so, they may not have
ended up with a criminal conviction today. The
aggravating feature in this case was that they were told
by the Suffolk Wildlife Trust, the landowner's ecologist,
the Poilce and Natural England to stop works because of
the risk to newts but failed to heed these warnings and
carried on."

A spokesperson for Suffolk Wildlife Trust added: "We are
pleased that the law protecting great crested newts,
which are protected at both a national and European
level, has been proven to work. Great crested newts are
legally protected from trade, transport, possession,
capture, injury, killing or disturbance. Their habitat
also receives protection from disturbance."
Badgerboy
Back to Top
Liz Heard View Drop Down
Senior Member
Senior Member


Joined: 27 Apr 2010
Location: South West
Status: Offline
Points: 1429
Post Options Post Options   Thanks (0) Thanks(0)   Quote Liz Heard Quote  Post ReplyReply Direct Link To This Post Posted: 12 May 2010 at 8:12pm
hi all, depressing this.
the defences case is pitiful and its clear that future fines were assimilated into not-quite bob the builders costings. the "this is not a man who..." speech is nauseating and so unconvincing as to be laughable if the joke wasnt on us.
so is the attempt to paint black white.
angel McHugh my foot. he knew what he was doing.

i didnt know tadpoles could jump OUT of water either.
ill look out for that. thanks herp barrister!

im sure everyone agrees penalties are way too low and presently NO DETERRENT.
dig a pond and apply pressure.
we need more weapons.

ben
Back to Top
Suzi View Drop Down
Senior Member
Senior Member


Joined: 06 Apr 2005
Location: United Kingdom
Status: Offline
Points: 1025
Post Options Post Options   Thanks (0) Thanks(0)   Quote Suzi Quote  Post ReplyReply Direct Link To This Post Posted: 13 May 2010 at 6:05pm
Whilst it is all very laudable to prosecute these people I think that as big, or bigger, a villains are local councils, reserve managers, wildlife maintenance organisations etc. They are gradually chipping away at our wildlife by their misguided actions. I could quote you examples, but then everyone on here could!
Suz
Back to Top
 Post Reply Post Reply Page  <12
  Share Topic   

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 11.06
Copyright ©2001-2016 Web Wiz Ltd.

This page was generated in 0.219 seconds.