... this activity threatens the rest of the water body and the meta population of Great Crested Newts, as well as Smooth and Palmate newts, frogs and toads which use this mill pond to reproduce...
I was going off your original request John, youve used present tense and stated there is a population of Great Crested Newts and 4 other species of Amphibian that use the pond to breed. I was assuming from that comment that you actually know they are there, and if so, a simple phone call to the police would probably be sufficient.
Section 9 (5) of the Wildlife and Countryside Act 1981 - yes you are correct that it mainly deals with the sale of those species, but it also mentions possession and transportation. If that pond has purposely been drained knowing those species are there, and assuming they just didnt clear out overnight when the water disappeared so to speak, the person(s) responsible for that act could have physically collected and moved the animals themselves which would come down to being in possession of and the transportation of those animals with the possible intention of sale. In that case, the law states that the animals would be considered to have been Wild.
I could be grasping at straws for you but Just a thought!
Also worth considering Environmental Damage Regulations.
John Rowland said
Mon Dec 9 12:34 PM, 2019
Hi Rob, you are right to a point, in so much as frogs, toads, palmate and smooth newt are listed as having protection under schedule 5 of the Wildlife and Countryside Act 1981, but this only extends to the sale of said species and does not apply to anything else (pond, eggs, habitat or indeed the animals themselves). the other issue is that the pond has not been surveyed so there are no current records other than the report of the pond being a receptor pond during the building of the M60.
photos of it being a pond (full of water) after 2002 would be most useful.
cheers, JR
Rob Creek said
Fri Dec 6 9:18 PM, 2019
A few years back, developers were trying to build on one of the last bits of green space in Dane Bank, Denton. We used to have Great Crested Newts there when I was younger but the ponds dried up back in the 80s, so it wasnt something we could use against the plans. But as luck would have it, they are not going ahead due to other circumstances.
Rob Creek said
Fri Dec 6 8:43 PM, 2019
Hi John, I hope what I tell you as well as whats been said below will be of help to you.
In your initial help request you state that 5 Amphibian species were currently using this pond, and that, in my view could be of real interest to both the Police and PAW UK (Partnership for Action against Wildlife Crime UK).
Firstly Great crested newts are a European protected species. They and their eggs, breeding sites and resting places are all protected by law. The work being carried out around the pond and not just the filling in of the pond can also be under scrutiny as this comprises resting areas for the Newts. Failure to comply with strict guidelines laid out for protected species such as these can lead to heavy fines and / or a prison sentence. You can find all this on the .GOV website.
Smooth Newts, Palmate Newts, Common Frogs and Common Toads are also all protected by Section 9 of the UK Wildlife and Countryside Act 1981 which admittedly isnt as high as the protection given to the Great Crested Newts but they are all protected nonetheless!
John Watson said
Fri Dec 6 9:58 AM, 2019
Not been there, and I'm not sure where the Mill Pond is
However, surely Google Earth, Streetview & OS maps will prove the pond exists Google Earth in particular shows historical satellite imagery (see the View drop-down menu)
Also, how can a feature with the word "Pond" in its name not be a pond ?
Has planning permission been given? I doubt it
Ancient ponds cannot be damaged, either
I agree with Craig, it's a police matter: (1) scheduled species, (2) destruction of existing pond
Please keep us informed, unless it's subject to an investigation of course
Craig Higson said
Thu Dec 5 8:56 PM, 2019
If the pond contains Great Crested Newts and it is being filled in surely it's a call to the police?
John Rowland said
Thu Dec 5 10:41 AM, 2019
Thanks Julian.
Julian Winstanley said
Thu Dec 5 10:06 AM, 2019
I have cross-posted this on the marple forum in case any local can help. will let you know if I have any replies
John Rowland said
Thu Dec 5 8:58 AM, 2019
Good Morning Birders, I need your help with an issue at Chadkirk Country Estate. the mill pond has been systematically filled in with woodchip which has destroyed the marginal vegetation where the snipe used to overwinter and this activity threatens the rest of the water body and the meta population of Great Crested Newts, as well as Smooth and Palmate newts, frogs and toads which use this mill pond to reproduce. the current owner is disputing that it ids a pond and stating that it was filled in in 2002. I have been asked if I have any photographic evidence of the pond having water in after this time and this is where you come in! I need you to search your records for photographic evidence of the mill pone having water in it and what would help is if anyone has pictures of the two swans that took up short term residence after the mill pond was dredge sometime around 2004 I think. so if we are to keep this important water body both for amphibians and birds then action is required and your help here could make all the difference.
... this activity threatens the rest of the water body and the meta population of Great Crested Newts, as well as Smooth and Palmate newts, frogs and toads which use this mill pond to reproduce...
I was going off your original request John, youve used present tense and stated there is a population of Great Crested Newts and 4 other species of Amphibian that use the pond to breed. I was assuming from that comment that you actually know they are there, and if so, a simple phone call to the police would probably be sufficient.
Section 9 (5) of the Wildlife and Countryside Act 1981 - yes you are correct that it mainly deals with the sale of those species, but it also mentions possession and transportation.
If that pond has purposely been drained knowing those species are there, and assuming they just didnt clear out overnight when the water disappeared so to speak, the person(s) responsible for that act could have physically collected and moved the animals themselves which would come down to being in possession of and the transportation of those animals with the possible intention of sale. In that case, the law states that the animals would be considered to have been Wild.
I could be grasping at straws for you but Just a thought!
Also worth considering Environmental Damage Regulations.
Hi Rob, you are right to a point, in so much as frogs, toads, palmate and smooth newt are listed as having protection under schedule 5 of the Wildlife and Countryside Act 1981, but this only extends to the sale of said species and does not apply to anything else (pond, eggs, habitat or indeed the animals themselves). the other issue is that the pond has not been surveyed so there are no current records other than the report of the pond being a receptor pond during the building of the M60.
photos of it being a pond (full of water) after 2002 would be most useful.
cheers, JR
But as luck would have it, they are not going ahead due to other circumstances.
I hope what I tell you as well as whats been said below will be of help to you.
In your initial help request you state that 5 Amphibian species were currently using this pond, and that, in my view could be of real interest to both the Police and PAW UK (Partnership for Action against Wildlife Crime UK).
Firstly Great crested newts are a European protected species. They and their eggs, breeding sites and resting places are all protected by law. The work being carried out around the pond and not just the filling in of the pond can also be under scrutiny as this comprises resting areas for the Newts.
Failure to comply with strict guidelines laid out for protected species such as these can lead to heavy fines and / or a prison sentence.
You can find all this on the .GOV website.
Smooth Newts, Palmate Newts, Common Frogs and Common Toads are also all protected by Section 9 of the UK Wildlife and Countryside Act 1981 which admittedly isnt as high as the protection given to the Great Crested Newts but they are all protected nonetheless!
However, surely Google Earth, Streetview & OS maps will prove the pond exists
Google Earth in particular shows historical satellite imagery (see the View drop-down menu)
Also, how can a feature with the word "Pond" in its name not be a pond ?
Has planning permission been given? I doubt it
Ancient ponds cannot be damaged, either
I agree with Craig, it's a police matter: (1) scheduled species, (2) destruction of existing pond
Please keep us informed, unless it's subject to an investigation of course
Thanks Julian.
Good Morning Birders, I need your help with an issue at Chadkirk Country Estate. the mill pond has been systematically filled in with woodchip which has destroyed the marginal vegetation where the snipe used to overwinter and this activity threatens the rest of the water body and the meta population of Great Crested Newts, as well as Smooth and Palmate newts, frogs and toads which use this mill pond to reproduce. the current owner is disputing that it ids a pond and stating that it was filled in in 2002. I have been asked if I have any photographic evidence of the pond having water in after this time and this is where you come in! I need you to search your records for photographic evidence of the mill pone having water in it and what would help is if anyone has pictures of the two swans that took up short term residence after the mill pond was dredge sometime around 2004 I think. so if we are to keep this important water body both for amphibians and birds then action is required and your help here could make all the difference.
Any help evidence (dated photos) would be great. you can send photos to either me or the council ecologist who is dealing with this at john.rowland@stockport.gov.uk or katie.guarnaccio@stockport.gov.uk
Many Thanks
John