HS2 may be guilty of wildlife crime by felling trees illegally.
Lawyers have warned High Speed Two (HS2) Ltd (“HS2”) might be felling trees illegally, after an ecology report found evidence of one of the UK’s rarest bat species in an area of ancient woodland being cleared for the high-speed rail line.
Legal firm Leigh Day has written to HS2 to urge the company to cease activity at Jones’ Hill Wood near Wendover in Buckinhamshire, as it does not have a licence to carry out work that could disturb rare barbastelle bat roosts. According to Leigh Day, by continuing to do so, HS2 Ltd may be committing a criminal offence.
Three ecologists used bat detector equipment to track the Western barbastelles (known as the barbastelle or barbastelle bat), a protected species listed as “near threatened” on the global IUCN red list and compiled a report. Kevin Hand, the vice-president of the Cambridge Natural history Society and one of the author’s of the the report’s authors said:
“It is such a rare bat that we really need to protect every colony, and the law is very clear about that: every colony is protected. The last thing any of us wants are bats destroyed, whether you’re for HS2 or against HS2 is irrelevant really”
Paul Powlesland, a barrister at Garden Court Chambers and founder of Lawyers for Nature, who is also involved in the case, commented: -
“This is the best evidence that Lawyers for Nature have seen of protective wildlife being interfered with by HS2 without a licence. [We] don’t really like to cry wolf about these things. We’ve asked them to stop work and get an independent ecologist, who’s separate from HS2, to do a proper survey of the woods. If they don’t, then they would appear to be happy going ahead in circumstances in which they may be committing a wildlife crime.”
Tom Short, a solicitor with Leigh Day, said: -
“It is our understanding that although HS2 Ltd holds a ‘class licence’ from Natural England in respect of bats Natural England has confirmed that Jones’ Hill Wood has not been registered under the class licence and thus that licence does not authorise works at this site. In any event, the class licence does not cover any operations affecting barbastelle bats, whether at this site or any other.”
Dave Slater , National Operations Director of Natural England provided further insight, stating: -
“Any works that impact bats or other protected species can only take place under licence, and it is for HS2 to determine if their proposed works can be carried out without causing harm. If not, then they need to apply for a licence from Natural England. If a member of the public is concerned that a wildlife crime is being committed, they should report the incident to their local police force.”
HS2 has stated that it takes its legal obligations seriously, and all ecology work is carried out in accordance with the law. It is designed to minimise disturbance to wildlife, including bats, in accordance with the HS2 phase one code of construction practice and all relevant wildlife legislation. If bat roosts are identified, HS2 will seek licences from Natural England to ensure that we have the right safeguarding in place. Professionally qualified environmental staff are also on site during operations and all works are overlooked by an ecological clerk of works.
HS2 responded that it had not identified any bat roosts on its land in Jones’ Hill Wood and that its personal surveys over the past six months had been limited by unlawful trespassers protesting to protect the woods. HS2 also stated that while finishing up additional surveys, the trespassers had since been evicted. Furthermore, one of the trees identified in the report as a barbastelle roost had been climbed by protesters, which may have disturbed the animals.
In Hong Kong, the Agriculture, Fisheries and Conservation Department is responsible for conserving local flora, fauna and natural habitats, developing proposals and planning strategies, enforcing the Forests and Countryside Ordinance (Cap.96) (“FCO”), and identifying areas that need conversation work.
The FCO is the main legislation that regulates the illegal felling of trees in Hong Kong. Under section 21(d) of the FCO, “any person who, without lawful authority or excuse, in any forest or plantation- fells, cuts, burns or otherwise destroys any trees or growing plants shall be guilty of an offence” The penalty for any person who contravenes section 21 of the FCO shall be liable on summary conviction to a fine of $25,000 and to imprisonment for 1 year.
Courtesy of Arial Ng
Main Source: The Guardian