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Quick answer
Only great crested newts have full legal protection,
unfortunately smooth and palmate newts do not.
Further
information
Of the widespread species of amphibian, only the great crested
newt is protected by law from intentional killing and injury;
their habitats (including ponds and key foraging areas) are also
protected. All of the UK's rare amphibians and reptiles
(natterjack toad, pool frog, smooth snake and sand lizard) are
protected in the same way. Smooth and palmate newts are only
protected against sale/trade.
In England, (under Section 41 of the Natural Environment and
Rural Communities (NERC) Act 2006) all public bodies must have
regard for great crested newts (specifically under 'biodiversity
conservation') when carrying our their functions. In Wales,
Section 40(1) of the NERC Act 2006 places a new duty on every
public authority, in exercising its functions, to 'have regard,
so far as is consistent with the proper exercise of those
functions, to the purpose of conserving biodiversity'. The duty
affects all public authorities. Local authorities are a key
target group, but the duty also affects a wide range of public
bodies, including fire, police, health and transport
authorities.
In addition, Planning Policy Statement 9 (PPS9) states that
planning authorities should ensure that species of principal
importance, including great crested newts and common toads, are
protected from the adverse effects of development.
If you suspect any laws are being broken please contact your
local Wildlife Crime Officer or a relevant advisory body. For
support against potentially harmful planning applications try
contacting your local
Amphibian and Reptile Group.
Native amphibians.
Biodiversity Duty (England).
Biodiversity Duty (Wales).
Natural England.
Countryside Council for Wales.
Scottish Natural Heritage.
Partnership for Action Against
Wildlife Crime (PAW).
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