Legislation and reptiles

All six native reptile species receive protection under Section 9 of the Wildlife and Countryside Act 1981 as amended. The four more common species (common lizard Lacerta vivipara, slow-worm Anguis fragilis, adder Vipera berus and grass snake Natrix natrix) receive protection in respect of part of Section 9(1) and all of Section 9(5). 

This makes it an offence to:

• intentionally kill or injure a reptile unless it was the incidental result of an otherwise lawful operation and could not reasonably have been avoided

This clause permits the development of land with planning permission what would otherwise have been prevented because of the presence of protected reptiles. If a protected species is known to be present before the start of development, or is found after development starts, to continue without taking their presence into account would be considered reckless under the Countryside and Rights of Way Act (CROW) 2000.  In this case, a reasonable effort has to be made to avoid affecting the reptiles or to catch them and provide an alternative place to inhabit.

Smooth snakes and sand lizards receive additional protection, including under European legislation (Habitats and Species Directive (92/43/EC), enacted in the UK through the Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (the Habitats Regulations).

Under the provisions of Section 9 it is an offence to:

• intentionally kill or injure or take a sand lizard or smooth snake
• intentionally or recklessly damage, destroy, or obstruct access to, any structure or place a sand lizard or smooth snake uses for shelter or protection
•  disturb a sand lizard or smooth snake while it occupies such a structure or place

Under regulation 39 of the Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 it is an offence to:

• deliberately capture or kill a smooth snake or sand lizard
• deliberately disturb a smooth snake or a sand lizard
• deliberately take or destroy the eggs of a sand lizard, or
• to damage or destroy a breeding site or resting place of a sand lizard or smooth snake

Licences can be granted by the appropriate statutory nature conservation organisation for otherwise unlawful activities affecting smooth snakes and sand lizards, associated with conservation, science and education. These include the various survey techniques that might need to be used in association with development projects.

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