Amendments to the Wildlife and Countryside Act 1981: implications for UK health and safety law and regulatory compliance for duty holders

Amendments to the Wildlife and Countryside Act 1981: implications for UK health and safety law and regulatory compliance for duty holders

What has changed in law or regulation

The update amends Schedule 9 to the Wildlife and Countryside Act 1981 and Schedule 2 to the Conservation of Habitats and Species Regulations 2017, strengthening protections for species and habitats and clarifying licensing requirements for operational activities near sensitive sites.

Why this matters for UK health and safety law and business regulation

While primarily environmental law, the changes intersect with HSE expectations around lawful operations, site governance and risk controls. Protecting wildlife and habitats reduces ecological harm and helps organisations avoid regulatory action that could delay projects or increase costs.

Key duties for duty holders and steps to comply

Duty holders should:

• Conduct biodiversity risk assessments as part of project risk management and planning
• Engage competent ecological professionals to carry out species surveys and habitat assessments
• Review construction schedules and site access to avoid disturbance during sensitive periods
• Obtain necessary licences or approvals for operations that may affect protected species or habitats
• Implement site controls to protect wildlife, including exclusion zones and monitoring
• Ensure contractors are aware of biodiversity requirements and consequences of non compliance
• Integrate biodiversity considerations into management systems such as ISO 45001

Compliance steps should be coordinated with your competent person and, where relevant, external ecological consultants. Synergos Consultancy can support in mapping the changes to your risk assessments and management systems, including ISO 45001 health and safety management.

Enforcement and sanctions

Penalties for non compliance can include fines and project delays, with potential review of licences or permits. The exact sanctions depend on the breach type and scale, and enforcement priorities reflect the biodiversity framework in force.

What organisations should do next

1. Update risk assessments to include biodiversity and habitat protections and ensure alignment with the amended Schedule 9 and Schedule 2 of the relevant regulations
2. Engage qualified ecologists to undertake surveys and obtain any required licences
3. Review project programmes to avoid sensitive periods for protected species and habitats
4. Update contractor management to include biodiversity obligations and monitoring
5. Integrate biodiversity controls into your health and safety management system and overall governance
6. Provide training to relevant staff and contractors about new requirements and consequences of non compliance

For organisations seeking structured support, Synergos Consultancy offers guidance on risk assessment updates and management system alignment, including ISO 45001 health and safety management.

Wrap-up

The amendments to wildlife and habitat protection require proactive governance and timely action. By integrating biodiversity considerations into health and safety governance and risk control, organisations can maintain compliant operations, protect ecosystems and reduce the risk of regulatory action. Early engagement with ecological professionals and alignment with management systems supports effective compliance and continuous improvement.