RAUK - Archived Forum - 8,400 fine for flouting newt law

ú8,400 FINE FOR FLOUTING NEWT LAW

A BUILDER has been fined ú8,400 for damaging the habitat of great crested newts.

Gerald McHugh, of King Street, Seagrave, admitted damaging or destroying a place used by the protected creatures, between March 2005 and June 2006 and damaging or destroying a breeding site or resting place used by them.

He also admitted the same charges on behalf of his company, McHugh Construction Ltd, when he appeared at Melton Magistrates' Court on Thursday.

The court was told some land in King Street, Nether Broughton, which included a paddock and pond, was bought for development in 2004.

Neighbour Karen Shipside told McHugh (52) numerous times about the presence of great crested newts at the site. He was visited by a County Hall ecologist, police wildlife officer Neil Hughes and a newt expert who advised him about the presence of newts in the pond.

Sue Lawley, prosecuting, said: "The defendant was advised he should see an ecology survey before any work was carried out on the pond or paddock.

"The survey revealed adult great crested newts and eggs and he was advised not to carry out work until he had obtained a licence from the Department for Environment, Food and Rural Affairs."

But when officials revisited the site they saw work had been carried out which would have affected the newts.

She added: "The pond water was black and foul smelling and there was no presence of newts. The pond was little more than a hole in the ground. No licence was issued to allow work to be carried out."

Mr Patel, defending, said a survey revealed only four newts in the pond. And when it came to light newts were present, McHugh fenced it off.

Mr Patel said: "He wasn't aware of conservation regulations though ignorance is clearly no defence. He was unaware if he moved some soil there could be some newts in it."

Mr Patel said most of a hedge was removed before McHugh came on site. "Some was left near the pond. He didn't appreciate it was a habitat. He removed it and put some new hedging in."

Mr Patel added McHugh had been advised by council officials a fallen fruit tree at the site should be coppiced.

"This is not a man who could see frogs and tadpoles jumping out of the pond and thought to hell with this I'm going to fill it in."

However, magistrates' chairman David Penny said: "We consider this was intentional rather than wreckless. There was acceptable evidence of great crested newts on that site and that you and your company worked to damage the environment over a period of time.

"The removal of the hedge and tree was contrary to the council's coppice order."

McHugh was personally fined ú1,400 for the offences and his firm ú7,000. An order was also made for ú70 costs.

Speaking afterwards police wildlife officer Neil Hughes said: "It shows magistrates will treat seriously and deal effectively with people who flout conservation laws. I hope this will send out a message to others to comply with legislation to conserve our wildlife."


Great crested newt numbers have plummeted across Europe over the last century, with an estimated 40,000 breeding pond losses in Britain during the 1960s to 1990s alone.

Such declines are largely due to loss of ponds and surrounding habitat through agricultural intensification in the countryside, but residential, industrial and commercial development around towns and inappropriate management of ponds has also played a part. A similar pattern of decline is happening throughout the European range of the species, with England emerging as one of the strongholds for great crested newts. As a result, the newts and the places they use for breeding, resting, shelter and protection are safeguarded under UK and European law.

Taylor Woodrow Developments Limited based in Solihull, were fined ú2,000 with ú87 costs after pleading guilty to damaging or destroying a resting place of great crested newts at a development site in Stansted Mountfitchet, Essex following a hearing at Harlow Magistrates Court yesterday (20 June).

The company were aware of the legally protected newts on their site and had been granted a licence by Natural England to enable ecologists to capture the newts to allow the development to go ahead. The captured newts were placed in a temporary reserve while new ponds were being created for them nearby. Once the ponds were suitable for the newts to live in they, and the temporary reserve, were to be joined to form a larger reserve.

However, in December 2006 a manager from the company instructed contractors to excavate the new ponds. The contractors drove machinery over special fencing which protected the newt reserve and placed soil from the excavation on top of where the newts had been released.

Wildlife Management Advisers from Natural England and PC Andrew Long, the Force Wildlife Crime Officer for Essex Police, visited the site after being informed by an ecologist working for the company.

The visit confirmed a breach of the law and led to yesterdayÆs case.

Paul Cantwell, Wildlife Management Adviser with Natural England, said: ôThis case highlights why developers must take extra care when dealing with their contractors who are working where there are protected species. I believe this situation was completely avoidable. I would like to commend PC Long and the Crown Prosecution Service for bringing this case to Court.ö

PC Andrew Long, the Wildlife Crime Co-ordinator for Essex Police said: "This case demonstrates that Essex Police, working with agencies such as Natural England can have a positive impact on wildlife crime. Essex Police will, where possible, investigate matters of wildlife crime, and if there is sufficient evidence refer the matter to the Crown Prosecution Service.ö

Ends

Notes for editors:

1. Natural England works for people, places and nature to conserve and enhance biodiversity, landscapes and wildlife in rural, urban, coastal and marine areas. We conserve and enhance the natural environment for its intrinsic value, the wellbeing and enjoyment of people, and the economic prosperity it brings.

2. The offence prosecuted was the damage or destruction of a breeding site or resting place of a European protected species under Section 39(1) of The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended).

3. Great crested newts and their habitat are protected by the Wildlife and Countryside Act 1981 (as amended) and the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). They breed in ponds but spend much of their lives on land, sometimes venturing several hundred metres from the pond. They often depend on several ponds close together, linked by suitable land habitats. Great crested newts are found in rural, suburban and urban areas. A licence is required to undertake actions affecting great crested newts which would normally be prohibited by law (such as capturing newts, or filling in their breeding ponds).

4. Information on protected species licensing and the law regarding protected species in England can be found on the Natural England internet site.

For further information contact: Natural EnglandÆs Press Office on 0845 603 9953, press@naturalengland.org.uk."

Just as wishful thinking really, maybe when ever a developer does damage or destroy GCN (or any other species) Development is halted for say 3-5 years to allow the species affected to get a foot hold it would certainly make developers think before flouting the Law.

 

 

 

I'm sure I'd make a good Judge in these case's at the very least there would be a few more zero's added to the fine