Statutory guidance

Licence to allow internal drainage boards to intentionally displace water voles for work on flood defences, water courses or drainage systems (CL24)

Updated 1 January 2024

Applies to England

Class licence CL24: Intentional disturbance of water voles and damage or destruction of water vole burrows by means of displacement (Internal Drainage Boards).

Overview

This licence permits intentional damage or destruction of water vole burrows, and / or disturbance to water voles occupying burrows, by use of the mitigation method known as ‘displacement’. This method is used to displace water voles away from areas where potentially harmful operations are planned to take place.

This licence permits use of displacement as a technique to facilitate certain works to flood defences, water courses or drainage systems:

• to prevent serious damage
• that prevent risks to public health or safety
• for reasons of overriding public interest, including the purpose of river restoration

For the purposes of this licence, ‘displacement’ means removal of vegetation followed, where appropriate, by a destructive search of the burrows, where the intention is to displace water voles from their burrows. Water draw-down or removal may be used in parallel with vegetation cutting, where appropriate.

This licence is not intended to cover the risk of incidental disturbance or damage resulting from other activities, such as routine mowing of water course banks (see Annex B for further information). It is Natural England’s view that such operations can proceed lawfully under the Wildlife & Countryside Act 1981 (as amended) section 10(3)(c) defence “an incidental result of a lawful operation…”, so long as works are justified and undertaken in accordance with best practice that minimises the risk of any adverse impact on water voles.

Licence users must comply with licence terms and conditions at all times when taking action under this licence.

Registration: Only employees, contractors or consultants acting on behalf of the Internal Drainage Boards are entitled to register to use this licence.

Recording and reporting: There are data recording and annual reporting requirements.

Reference: WML – CL24.

Legislation

Statutes: Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’).

Sections: This licence is issued under sections 16(3) (f), (h) and (j) and section 16(5).

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: All counties of England (landward of the mean low water mark).

This licence can only be used:

• to preserve public health or safety
• to prevent serious damage to livestock, animal feed, crops, growing timber, fisheries or any other property
• for reasons of overriding public interest

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purposes stated above, this licence permits Registered Persons, Accredited Agents and their Assistants to: Intentionally disturb water vole (Arvicola amphibius/terrestris) whilst occupying a structure or place of shelter or protection, or to intentionally damage, obstruct or destroy such a structure or place, and to temporarily take water vole whilst undertaking these activities by means of:

• removing vegetation back to bare earth
• water draw-down or removal
• carrying out a destructive search of water vole burrows after an appropriate monitoring period following vegetation removal
• destroying water vole burrows

Who can use this licence

This licence can only be used by Registered Persons* and their Accredited Agents* and Assistants* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or
• a court has made an order discharging them absolutely.

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

Definitions used in this licence

“Registered Person” is a person who has successfully registered to use this licence.

“Accredited Agent” is a suitably trained and experienced person (such as, field staff or contractor) who is able to carry out work under a licence without the personal supervision of the Registered Person, in accordance with Condition 1. If required, the Registered Person can authorise Accredited Agents to undertake certain activities under this licence, such as supervising vegetation removal following appropriate training and instruction.

“Assistant” is a person assisting a Registered Person or Accredited Agent. Assistants are only authorised to act under this licence whilst they are under the direct supervision of either the Registered Person or Accredited Agent.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. To use this licence you must either:
   
   a) be a Registered Person (see Information and Advice notes h-l for registration procedures and Definitions)
   
   b) be authorised as an Accredited Agent (see Definitions) by a Registered Person, in which case you are only permitted to act under the authority of this licence if you are in possession of a letter signed by the Registered Person appointing you by name as a duly Accredited Agent for the purpose of this licence. Accredited Agents shall carry a copy of the said letter when acting under the licence and shall produce it to any police or Natural England officer on request, or
   
   c) be authorised by a Registered Person or their Accredited Agent to act as an Assistant (see Definitions), in which case you may act under the authority of this licence so long as you are doing so under the direct supervision of a Registered Person or their Accredited Agent.
   
   
2. The Registered Person is responsible for all activities carried out under this licence, including activities carried out by their Accredited Agents and their Assistants.
   
   
3. This licence can only be relied upon where there is no alternative but to displace the water voles and destroy their burrows, that is, when alternative measures that do not require a licence have been considered and proved to be either impractical or impossible.
   
   
4. All relevant animal welfare legislation must be complied with at all times, including the Animal Welfare Act 2006 and the Wild Mammals (Protection) Act 1996 (see Information and Advice note g).
   
   Removal of vegetation including marginal vegetation (with water drawdown if required) to displace water voles
   
   
5. Before vegetation cutting takes place, the location of known water vole burrows, suitable adjacent refuge areas for water voles, and compensatory habitat measures (where possible) must be identified (see Information and Advice note b).
   
   
6. The initial cutting of vegetation including marginal vegetation (see Information and Advice note d) must take place and be completed during the periods 15 February to 15 April and 15 September to 31 October, inclusive. In the counties of Northumberland, County Durham, Tyne and Wear, North Yorkshire, Cumbria and Lancashire, the spring period of initial vegetation removal (starting 15 February) can be extended until 30 April if this is necessary to ensure displacement only takes place in suitable weather conditions and when there is sufficient forage available to support the displaced water voles (see Information and Advice note c).
   
   
7. Removal of vegetation including marginal vegetation after the periods specified in Condition 6 must only take place where the vegetation has initially been removed between 15 February and 15 April (30 April for northern counties listed in Condition 6) or 15 September and 31 October, and where it is necessary to maintain a previously cut area. Any re-growth must be removed and maintained as short as possible, through cutting or herbicide use, at a height no greater than 10 cm (4 inches) above ground level.
   
   
8. Removal of vegetation in accordance with Conditions 6 and 7 must be in accordance with the following:
   
   a. Where both banks of the same section are being cut, the cut sections must be limited to continuous lengths not exceeding 150 m in length; and A minimum of 150 m of un-cut bank providing suitable habitat for water voles must be left between cut sections. There must be no more than two cut sections of bank separated by 150 m of un-cut vegetation, or
   
   b. Where only one bank is being cut, an unlimited length of bank may be cut provided that the opposite bank and/or other immediately adjacent area(s) provide suitable and sufficient good quality water vole habitat.
   
   
9. Cut vegetation, weed cuttings and arisings must not be deposited or burned on the bank where there are retained water vole refuge areas or be left where they will prevent access to water vole burrows.
   
   
10. Where water draw-down / removal is to be used in parallel with vegetation removal, this must be limited to the same lengths of habitat specified in Condition 8, and the same times of year specified in Conditions 6 and 7.
    
    Monitoring presence / absence of water voles
    
    
11. Before commencing works that will damage or destroy water vole burrows it is necessary to confirm that water voles have been successfully displaced. Following the final vegetation removal (in accordance with Conditions 5 to 9) prior to destructive works, the stripped area must be monitored for fresh signs of water vole activity for a minimum period of seven days. Monitoring can include the use of an endoscope.
    
    Where monitoring finds fresh signs of water vole activity, the monitoring period must be extended for a minimum of a further seven days and vegetation removal or water draw down/removal repeated. If there are signs that water voles are still present, a destructive search by hand must be carried out and water voles allowed to escape or captured temporarily (see Condition 15 and Information and Advice note f).
    
    
12. Once water vole absence is confirmed (in accordance with Condition 11) works must begin as soon as practicable to minimise the risk that water voles recolonise the stripped area.
    
    
13. If the works will result in permanent loss of water vole habitat (for example, installation of a culvert or construction of a head wall), then each burrow affected must be carefully excavated and searched, and destroyed once the search is completed. This will minimise the risk that any water voles remaining in burrows will be harmed.
    
    
14. A destructive search is not required, if it is judged that it is neither safe nor technically feasible to do so (for example, due to engineering constraints such as destabilisation of the bank that would occur as a result of the destructive search, presence of a road or other permanent structure, or no safe access from which to undertake a destructive search). Justification for not undertaking a destructive search or modifying the methodology to account for any of the above constraints must be provided in the annual report for this licence.
    
    
15. Any water voles found during excavation of burrows must be allowed to escape to an adjacent refuge area. If necessary, water voles may be captured by hand, net or other suitable container, but only by persons who are trained and competent to do this. A trap must not be used under this licence. Captured water voles must be kept in an appropriate animal container with suitable bedding material and food provided (see Information and Advice note c), for release at an adjacent refuge area on the same day.
    
    Monitoring after completion of works
    
    
16. Sites that have undergone displacement must be monitored for the presence / absence of water voles in the immediate vicinity of where works were carried out for up to three years following displacement or until it is confirmed that water voles are present (whichever is sooner). Monitoring records must be kept and provided to Natural England as part of the annual licence return and on request.
    
    Recording and reporting requirements
    
    
17. The Registered Person must maintain a record of all activities carried out under the authority of this licence. This record must include the information required for each annual report to Natural England as specified in Annex A. Records are to be kept for at least 24 months after the licence expires and made available for inspection at any reasonable time by Natural England.
    
    
18. The Registered Person must send an annual report to Natural England Wildlife Licensing (contact details below) even if the licence is not used. Report form WML-LR-CL24 and monitoring form MON-CL24 (except in the event of nil return) must be submitted for the period from 1 January to 31 December, inclusive, by no later than 31 January of the following year.
    
    
19. If Conditions 17 and 18 are not met then the Registered Person will, by default, no longer be considered registered to act under this licence.
    
    
20. The Registered Person must inform Natural England of any breach of this licence as soon as practicable after it becomes known to them.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the 1981 Act or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the 1981 Act is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996.

If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

This licence is not a consent for the purposes of Part II of the Wildlife and Countryside Act 1981 (as amended) in respect to SSSIs. It is your responsibility to get consent or assent if required before this licence can be used on any SSSI. See Advice (s - u) for further information.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

a. Dean, M., Strachan, R., Gow, D. and Andrews, R. (2016). The Water Vole Mitigation Handbook. Eds. Fiona Mathews and Paul Chanin, The Mammal Society, Southampton, should be referred to for guidance on best practice. In particular, persons acting under this licence should take account of best practice guidance and factors, such as local climate and prevailing weather conditions, which may influence the optimum time for carrying out displacement.

b. Ideally, all vegetation in the cut areas will be removed to bare ground (see Condition 7). Cutting of vegetation must include marginal vegetation as this can provide refuge for water voles if not removed.

c. Before commencing work, the presence of other protected species, including white-clawed crayfish, certain reptiles and badgers, should be considered. Given the timing of actions permitted by this licence, particular account needs to be made of the bird nesting season.

d. Destructive searches must not be undertaken when the temperature is less than five degree centigrade (see Information and Advice note c).

Relevant legislation and good practice

e. Persons acting under a licence should have regard to legislation and good practice relevant to the action(s) undertaken, including animal welfare and the Animal Welfare Act 2006 (2006 Act). It is an offence to cause any unnecessary suffering to an animal (including birds) under the control of man (section 4 of the 2006 Act). This applies to the humane dispatch of captured animals and the treatment of animals held in traps or nets, including decoy birds and non-target animals. The application of Animal Welfare Act 2006 to wildlife management activities is explained in Natural England leaflet Wildlife Management Advice Note: The Animal Welfare Act 2006: what it means for wildlife (WML-GU02).

Registering to use this licence

f. Only Registered Persons, their Accredited Agents or persons directly supervised by a Registered Person or an Accredited Agent may act under this licence. Anyone seeking to become a Registered Person must apply to Natural England by email or post (contact details below). Applications require supporting evidence indicating appropriate knowledge and experience of the species covered by this licence and the management techniques permitted.

g. Once registered, a person is entitled to use this licence so long as they satisfy the licence’s terms and conditions; annual re-registration is not required. Failure to comply by the terms and conditions, including the recording and reporting requirements, will, by default, render registration null and void. The annual reporting process is used to verify a person’s desire to remain registered.

h. It is the responsibility of Registered Persons to maintain their expertise at an appropriate level to act under this licence and it is also their responsibility to ensure that their Accredited Agents and Assistants have appropriate training, experience and instruction, including on mitigation measures commonly employed, to act under this licence.

i. Anyone seeking to confirm whether a person is registered to use this licence should contact Natural England Wildlife Licensing (contact details below).

j. A person’s registration may be revoked by Natural England; for example, if that person breaches the conditions of this licence. In these circumstances Natural England will normally give 28 days’ notice of our intention to revoke a person’s registration.

Information and advice for all class and general licences

General information

k. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

l. Ordinarily, licences will be reissued on 1 January each year. Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

m. The common name of the species given in a licence is included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

n. Licences permit action only for the purposes specified on that licence.

o. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

p. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Protected sites

q. You can search for and view details about all SSSIs by using Natural England’s Designated Sites system. The notification documents for each SSSI contain a list of operations that require Natural England’s prior consent. Owners and occupiers of land notified as SSSIs are required to give written notice to Natural England before either beginning any of these operations, or allowing someone else to carry out those operations. SSSI consent can only be given to a SSSI owner or occupier. It may be given with or without conditions, or in some cases, consent may not be granted. A similar process applies to public bodies and statutory undertakers (as defined under Section 28G of the Wildlife and Countryside Act 1981 (as amended)) and this obligation applies even where the operations are carried out on land outside of the SSSI.

r. Please note that as the licensee you will not be able to undertake the licensed activity on a SSSI until the owner or occupier of the SSSI has applied for, and received, Natural England’s written SSSI consent. If you do so, you may be at risk of committing an offence. As the licensee, if you wish to exercise this licence on a SSSI you must contact the relevant owners or occupiers of the SSSI and ensure they give written notice to Natural England of their proposal to permit you to carry out licensed activity on their SSSI. You should wait until a SSSI consent decision has been received by the SSSI owner/occupier before you begin to exercise this licence on a SSSI. See GOV.UK for further information on how to get SSSI consent from Natural England.

s. In considering whether to issue consent or assent for activities likely to affect a SSSI that is a European site, in other words a Special Protection Area (SPA) or Special Area of Conservation (SAC), Natural England will carry out a Habitats Regulations Assessment, as required by the Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’) to ensure there will be no adverse effects on the European site.

Using and sharing your information

t. There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

Coronavirus - Best practice

To avoid transmitting COVID-19 from people to wild mammals, you should: stay at least 2 metres from live wild mammals at all times; only capture or handle live wild mammals if necessary. If you cannot follow these guidelines, then you should minimise the time spent in close proximity and handling mammals; limit the number of people that come into close proximity or handle mammals, and keep animals separate from other individuals as far as possible.

Persons acting under this licence should follow good hygiene practices, including wearing of disposable gloves, or clean and disinfected non-disposable gloves; wearing a face covering when handling and in close proximity to any mammal, and washing hands before and after close proximity or handling of any mammal. Face coverings, non-disposable gloves and overalls or other clothing should be washed and disinfected between uses when handling mammals.

You should not carry out activities under this licence if you feel unwell, test positive for COVID-19 or live with someone who has or might have COVID-19.

Any products used to clean and disinfect equipment should be safe for use where there could be contact with animals and used at an effective and safe dilution rate. ‘Safe4’ is considered to be an appropriate disinfectant for this purpose and is considered effective against the virus at a dilution of 1:50. Other products can be used to clean and disinfect equipment

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: [email protected]

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service.

Telephone: 0300 060 3900

Email: [email protected]

Annex A - Recording and reporting requirements

Records and reporting

The Registered Person must maintain a record of the following information for all displacement activities undertaken using this licence (this also includes works conducted by Accredited Agents and Assistants acting under their authority):

1. Maintaining registration
   
   

To maintain your registration you are required to complete an annual report. The report will ask you to confirm whether any works have been carried out in the preceding 24 months (nil returns are required) for each location where the licence has been used:

i. personnel acting under the licence

ii. purpose of the licensed activity (eg preserving public health and safety)

iii. location (site name, county and six-figure (minimum) Ordnance Survey grid references for the start and finish of the water course)

iv. total length of the bank affected by the displacement activities, and whether it is a single bank or both banks of the water course

v. whether the habitat loss to water voles is temporary or permanent

vi. the water vole population size affected by the displacement activity

vii. the date vegetation was first removed

viii. whether water draw-down was carried out

ix. the date displacement was completed

x. the number of water voles seen or found during the displacement activity, including location (eg in a burrow or in the water)

xi. the number of dead or injured water voles seen or found during the displacement activity and the circumstances surrounding each occurrence

xii. confirmation that a destructive search was undertaken prior to destroying a water vole burrow(s) or a justification for why a destructive search was not undertaken

xiii. any other information such as details of water voles found, predator control, etc. Whether you wish to continue to be registered

2. Submitting water vole observation information

Records of water vole observations should be submitted to the relevant Local Records Centre for each site where the licence is used by 31 January each year. To find out where your nearest Local Record Centre is visit the Association of Local Environmental Records Centres (ALERC) website.

3. Commercial confidentiality

If you encounter difficulties releasing data due to client confidentiality restrictions then you are advised to remind your client that it is a condition of using this licence that licensed activities are reported. Furthermore, the licence may only be used if this condition is met and withholding information may lead to a licence breach.

To help avoid such difficulties, it is recommended that your contractual terms and conditions make it clear that submitting records to Natural England and other bodies specified in licences is a legal requirement. If a client is not prepared to accept such terms and conditions then you may not use this licence. You may then have to apply for an individual licence.

Records must be kept, and available for inspection, for at least 24 months beyond the expiry date of this licence.

Annex B – Management activities

Activities not requiring a licence	Comments
Vegetation control - mowing, flailing, hedge and tree management, pollarding, planting, chipping and other routine vegetation management works within and alongside a waterbody.	Provided that water voles can gain access to their burrows. Bankside sward vegetation should be cut to a minimum length of 100mm.
Burning on top of a bank.	Provided that this is not undertaken within 20 metres of known water vole burrows.
Spreading vegetation and sediment on the top of a bank.	Provided that water voles can gain access to their burrows.
Removal of obstructions, debris and rubbish within and alongside a waterbody.	Provided that water voles can gain access to their burrows.
Bankside support and enhancement works, for example, installation of coir rolls and use of wooden faggots and toe boards.	Provided that water vole burrows are not directly impacted and access for water voles is maintained. Where erosion or slips occur, repairs should be undertaken as soon as possible to minimise the risk that water voles colonise these areas.
Temporary sluices.	Provided there are no water vole burrows impacted in the working footprint.
Desilting	Provided that, where water vole burrows are present, the banks, including the toe, are undamaged by machinery.
Access alongside watercourses, including tracking.	Provided no ground penetration/digging takes place over known water vole burrows.
Erection of a temporary clear span bridge.	Provided that no works are required on the banks where water vole burrows are present.
Fencing: fence construction, repair and removal alongside a waterbody.	Repair and replacement (in situ) of existing fencing would not require a licence. Where possible, the erection of new fence lines should avoid areas where it is known there may be burrows beneath. Such fences should be erected sufficiently far back on the bank to avoid tunnels, or posts knocked in at least two metres from burrow entrances.
Routine/seasonal changes of water levels, including temporary reduction of water levels for desilting.	-

Activities that may require a licence	Comments
Access - creation of temporary crossings for access alongside or within a waterbody.	If creation of the access route or crossing impacts directly on water vole burrows, a licence may be needed to displace the water voles before works begin.
Installing culverts.	A licence may be needed where the installation of a culvert impacts directly on water vole burrows.
Permanent clear span bridge.	A licence may be needed where the working footprint and/or concrete lining (if used) directly impacts water vole burrows.
Operation and routine maintenance of control structures, for example pumping stations, trash screens, flap valves, weirs and sluices.	These activities are likely to be undertaken on the structures themselves, so a licence would only be needed to displace water voles if the activity impacts directly on water vole burrows.
Erosion management, bank stabilisation, and reforming water course banks.	This depends on the nature of the operation and its impact on water vole burrows. For major works such as reforming or re-profiling banks a licence to displace water voles before works begin would normally be required.

WML-CL24 [version January 2024]