European protected species licensing
Certain animals and plants in Scotland are given strict protection as European Protected Species. Find out more about licensing and these species:
- bats (all species)
- wildcat
- otter
- whales, dolphins and porpoises (cetaceans)
- Marine turtles
- Natterjack toad
- Great crested newt
- Sturgeon
- Killarney fern
- Slender Naiad
- Yellow marsh saxifrage
When European protected species are present, licences to permit development can only be granted subject to three strict tests being met.
Test 1 : The reason for the licence must relate to one of several specified purposes listed in Regulation 44(2) of the The Conservation (Natural Habitats &c.) Regulations 1994 (as amended);
- *NEW* Test 1 Guidance for applicants
- on licence purpose
Test 2 : There must be no satisfactory alternative;
- *NEW* Test 2 Guidance for applicants
- on demonstrating no satisfactory alternative.
Test 3 : The proposed action must not be detrimental to the maintenance of the species at 'favourable conservation status'.