Considering Hibernation?
Posted: Friday 12 November 2010
At this time of year, many of us might feel inclined to avoid the cold dark winter months by going into hibernation – and that’s exactly what the lucky bat species are doing. Even if we cannot avoid the winter chill the way they do, we do need to be wary of where they have chosen to settle.
The possibility that bats have chosen to roost in a property may be a pitfall that does not immediately spring to mind when a property owner or developer is about to commence works or fell trees to clear a site. However, the unwitting owner or developer who proceeds regardless of the discovery of bats may find he faces prosecution.
Bats and their roosts are protected by law in Scotland by the Conservation (Natural Habitats etc) Regulations 1994 (as amended). Under this legislation it is an offence to intentionally or recklessly, kill, injury, capture or take a bat, or to deliberately disturb bats, whether in a roost or not. It is also an offence to damage or obstruct access to a bat roost, which means that even an uninhabited roost is protected.
There have been a number of prosecutions under this legislation since it was brought into force with significant fines imposed. To avoid problems with a property or site where bats may affect proposals, it is important to identify this at an early stage.
Various detection techniques are available, but some of these can be quite laborious. Bats may be present with little evidence, although the presence of bat droppings can be an indicator. Ultrasonic detectors are a more scientific method. These transform the inaudible ultrasound emitted by bats to make this audible to humans. However, as they rely on the bats emitting the ultrasound, they will be of little use during the hibernation season!
If bats are discovered, there is a legal obligation to consult Scottish Natural Heritage which is allowed time to advise on the proposed action and method. Following consultation, a developer or property owner may remove the bats under a licence issued by Scottish Natural Heritage.
The consultation process may result in changes to the proposed development scheme. The chemicals to be used for certain types of timber treatment may also need to be changed to avoid older types of insecticides which leave poisonous deposits. Bat roof tiles, grilles and bricks may need to be incorporated in the design to retain access points. A compromise between the conflicting interests of the bats and the works proposed can almost always be reached. This should be a preferable course of action to potentially facing prosecution.
