ENV/Carbon Sustainability/TBT-ENV-053

Protection of Plants and Animals

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Protection of Plants and Animals

Toolbox Talk Record

Ref: TBT-ENV-053  |  Issue: 1  |  Date: April 2026
PresenterProject
LocationDate

What?

  • Construction sites frequently border or contain habitats for protected wildlife and established plant species.
  • The Wildlife and Countryside Act 1981 makes it a criminal offence to disturb or harm protected species.
  • Protected species commonly found on UK construction sites include bats, great crested newts, badgers, and nesting birds.
  • All wild birds, their nests, and eggs are protected by law — nesting season typically runs March to August.
  • Trees may be protected by Tree Preservation Orders (TPOs) or by being within a Conservation Area.
  • Hedgerows over 30 years old may be protected under the Hedgerows Regulations 1997 and cannot be removed without consent.
  • An Ecological Clerk of Works (ECoW) may be appointed to monitor works and advise on ecological constraints.
  • Invasive species such as Japanese Knotweed, Giant Hogweed, and Himalayan Balsam have legal control requirements.
  • Penalties for wildlife offences include unlimited fines and up to six months' imprisonment per offence.
  • Pre-construction ecological surveys identify constraints — their conditions must be followed throughout the project.

Why?

Legal obligationDisturbing protected species or destroying habitats without a licence is a criminal offence with severe penalties.
Project delaysDiscovering protected species during works can stop a project for months while licences and mitigation are arranged.
Environmental dutyConstruction must leave the natural environment in a better condition — biodiversity net gain is now a legal requirement.
Client reputationEnvironmental prosecutions generate negative publicity that damages client relationships and future tender opportunities.
Do Don't
  • Check the site environmental plan for ecological constraints before starting any new activity.
  • Respect all tree protection fencing, exclusion zones, and ecological buffer areas on site.
  • Report any discovery of wildlife, nests, burrows, or unusual plants to the site manager immediately.
  • Follow seasonal restrictions — avoid vegetation clearance during bird nesting season March to August.
  • Attend the ecological briefing and follow the ECoW's instructions where one is appointed.
  • Use designated haul routes and compound areas to avoid encroaching on sensitive habitats.
  • Store materials, fuels, and waste well away from watercourses, hedgerows, and tree root zones.
  • Install silt fencing and sediment traps to prevent runoff entering watercourses and ponds.
  • Cover excavations or provide escape ramps overnight to prevent animals becoming trapped.
  • Record and photograph any ecological finds before contacting the ECoW or site manager.
  • DON'T remove, cut, or damage any tree, hedgerow, or vegetation without prior approval.
  • DON'T enter tree protection zones with plant, vehicles, or stored materials at any time.
  • DON'T disturb or handle any wildlife, nests, eggs, or animal burrows found during works.
  • DON'T discharge site water, silt, or chemicals into any ditch, stream, pond, or drainage.
  • DON'T spread invasive species — clean boots, tools, and plant before leaving affected areas.
  • DON'T assume a dead-looking tree is unprotected — it may host bat roosts or be TPO-protected.
  • DON'T ignore ecological exclusion zones marked on drawings even if they appear empty.
  • DON'T carry out night works with uncontrolled lighting near known bat roosts or watercourses.
  • DON'T leave open excavations, trenches, or voids uncovered overnight without escape ramps.
  • DON'T attempt to relocate any animal or plant species — only licensed ecologists may do this.

See also: Protected Species Awareness | Tree and Hedgerow Protection

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