A number of changes are about to be made to legislation that will increase the legal protection given to protected species in England and Wales. Several of these species are found in woodland, and the new lawas will have a effect on how UK woodland are managed and used, accroding to a Forestry Commission statement made this weekend.

In changes made to UK law by a decision in the European Court of Justice,  the level of protection given to European Protected Species (EPS) which are rare or declining across the EU will be increased. The changes will be transposed into UK law over the next few months by amendment to the ‘Habitats Regulations’, and will come into full effect by 21 August 2007.

It has been an offence for many years, under these Regulations, deliberately to kill or to disturb one of the protected species, or to destroy their eggs. It has also been an offence to ‘damage or destroy a breeding site or resting place’ used by them (such as a bat roost in a tree or a dormouse nest on the woodland floor). However, until now people have been exempt from these offences if their actions were ‘an incidental result of a lawful operation…and could not reasonably have been avoided’. The European Court required the UK to remove this exemption and as a result woodland managers and users will therefore be more liable to prosecution. It is also important to note that an offence will have been committed even if the damage to a breeding site or resting place was accidental.

While the new laws clearly have an impact on woodland managers, the removal of the exemption may mean that those who use UK's woodlands for outdoor pursuits, including bushcraft training or for adventure pursuits will need to be more aware of the wildlife habitats around them, and be careful not to disturb or damage those areas.  Whereas incidental damage caused during a legal activity could once be overlooked, soon all damage to a protected species on the EPS list will constitute an offence.  Bushcraft groups, who often use woodlands to build shelters or learn survival skills will need to be aware of the new law and how it effects them.