Bat Courses ideally West Yorkshire

[AA Teccie (Paul)]

Hi all, interesting thread.

 

I quote: "Plus if you dont attend the course and do come across bats on a job you can claim you had no idea, whereas if you do the course and distub a bat you are opening your self up to prosecution."

 

This whole Bat issue is potnetially a bit of a nightmare and I really don't know how best to advise people. Natural England recently produced a very usful guidance note rgarding 'Disturbing Badgers', also a protected species, and, to some extent, what you can and can't do. I contacted them and asked if they could produce something for 'Disturbing Bats in Trees' but it fell obn 'deaf ears' with no response...perhaps they're equally unsure themselves how best to advise us in light of the recent(ish), 2007, significnat 'upgrading' of bat protecetion under the 'Habitat Regs.'

 

Going back to the post 'quote' above my understanding (PLEASE 'Chris G' confirm or otherwise) is that ignorance or unawareness is NO DEFENCE, even if "acting in accordnace with an otherwise lawful act", or summat similar, so I really would NOT rely on this as a 'Get Out of Jail Free' card. Better, I would suggest, to attend a 'recognised' bat awarness course, even if only for one-day, when actually it reinforces your existing knowledge and them put in place 'reasonable measures', including a specific 'wildlife risk assessment process' (luv that'un eh?!) probably involvuing referal to a bat specilist / ecologist where a site/tree is identified as being 'at risk' from your initial site specific RA...OTT = too right BUT, IMO, this is your best defence OR 'mitigation' if you get caught short but I don't know if it will really help as it's not yet been tested in the courts as far as I'm aware.

 

Good luck n go careful..!

Paul

[David Humphries]

Ted Green recently put out there for discussion (last ATF at Broadway) the idea that leaving a decrepid lappsed pollard untouched due to the presence of bats could & possibly would be completely detremental to the hundreds of future bat generations that will use it as a roost, if it were to collapse and cease to provide habitat.

 

Fair point, and one I have the impression that is again not being addressed anytime soon.

 

Talking in terms of hedgerow pollards here, not main public access ones.

 

Balance & freedom to explore & prioritise the situation, is where the regs should be working. Not at the expense of the habitat, imo.

 

Chicken - Egg, scenario

 

 

.

[ChrisG]

Wise words Paul,

In my experience, disturbing a roost or destroying a roost (not that I have ever done any of those), even if the bats are not there, then claiming you did not know what you were looking for, is no excuse & more damaging to the business. This just shows the lack of experience/knowledge of the people running it, resulting in a very unhappy client, an over expensive job & possible legal action/fines.

 

I am not saying everybody needs to spend 2-3 years becoming a licensed bat worker, just become aware through recognised training and know what to look for to avoid something that may cost you your business, have the relevant paperwork in place to show you have considered any risks involved, and if in doubt consult a bat specialist, Much better than stepping on the wrong side of the law.