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Newt Fencing - Frequently Asked Questions

What is Newt Fencing? Newt fencing is a term for a wildlife barrier used to keep newts (generally great crested newts) inside or out of a specific area. Newt fencing can be used as part of a system to trap newts within the area it encloses, enabling that area to be cleared of newts in order that a potentially damaging operation can be carried out. It can also be used in conjunction with traps as a sampling method to assess population size. The term newt fencing also has a generic meaning, in that it can be used to describe a barrier fence used in the same way as described above, but where the species of animal involved may be some other amphibian or, perhaps a reptile. Other terms that are used to describe this system of fencing may include temporary amphibian fencing (TAF), reptile fencing or drift fencing.

What protection are newts afforded under the law? The great crested newt Triturus cristatus, has two layers of legal protection in the UK. Its rarity on a European wide basis has been recognised and, as such, it has been given protection under Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna. This is also commonly known as the Habitats and Species Directive. This has been applied under UK law through the Conservation (natural habitat) Regulations 1994. Under these regulations it is an offence to:
- deliberately capture or kill a great crested newt.
- deliberately disturb a great crested newt.
- deliberately take or destroy the eggs of a great crested newt.
- deliberately destroy a breeding site or resting place of a great crested newt.
Recent changes have been made to the UK regulations after the European Court found deficiencies in the UK implementation of the Habitats and Species Directive. These new changes have made the regulations much stricter. Whereas previously, a defence could be made to the regulations that an act of killing, disturbance or damage was incidental, this defence has in part, been ruled out. It is now an offence to damage or destroy a breeding site or resting place of a great crested newt, even accidentally. Conversely, killing, destroying or injuring a great crested newt requires 'deliberate', 'intentional' or 'reckless' action, making prosecution of the perpetrator less likely.
Where an action by a developer is likely to result in damage, disturbance or killing of a great crested newt or its habitat, a licence must be sought from The Department for Environment, Food and Rural Affairs (Defra). Defra can issue a licence where there are reasons of public or economic interest, however the licence application must show that there is no reasonable alternative to the proposals and that the actions will not harm the population status of the great crested newt. What this means in practice is that the licence application should show steps will be taken to compensate for the loss of any habitat through the provision of an alternative habitat local to the site being destroyed. The applicant must also demonstrate that adequate efforts will be made to move the individual members of the local population from the threatened site and measures put in place to prevent their return during the construction operations.
It should be noted that with the recent European Court ruling, the responsibility for licence application has moved from the consultant ecologist working with the developer to the developer itself. The developer is now also responsible for ensuring that the terms of the licence are met.
Where it is deemed that developers have not met their responsibilities, either in terms of seeking a licence or not ensuring compliance, the developer may be liable for a £5000 fine and or six months in prison.

Who can carry out Newt Fencing work? Normally a licence will determine who, on the ground, has responsibility for ensuring that actions comply with the licence terms. This will normally be a suitably experienced or qualified person such as an ecologist. They will be responsible for overseeing all works being undertaken to comply with the terms of the licence such as installation of a newt fence or destruction of habitat. In this way any fencing or demolition contractors can work under the guidance of the nominated person. Equally when a newt fence is to be removed, an ecologist should be on site to monitor activities.

How long is a newt fence in situ for? This is very much project specific. For instance, if a pipeline is being installed across an area of newt habitat, the project may only run for six months. The newt fence will be installed at the outset of the project, with trapping to remove any newts from within the site, and will remain standing throughout the length of the project to ensure that newts do not re-enter the site during the works. It will normally be removed at the end of the project once the topsoil has been replaced and or seeding has taken place. Other projects such as the development of a landfill site may require exclusion for fifteen years or more.

How long do I have to wait before I can start work on my site? This is usually determined by the licence, but where the removal of newts from the site is deemed necessary, trapping usually goes on for a minimum of 30 days. Where there is a high newt population a 60 day trapping period remains. In either case, if newts are still being trapped at the end of the designated trapping period, the trapping process must continue, usually until there is a period of five days without a newt being trapped. The process is also temperature dependent. If temperatures fall below 5 degrees centigrade, the newts become immobile, so the day cannot count as a trapping day. Developers should bear this in mind when planning a project, as if the trapping period runs into winter, it can be significantly lengthened, sometimes causing the project to be delayed until the following spring when temperatures are consistently high enough to allow trapping.
One way to increase the speed of the trapping process is to increase the density of traps. This usually requires an increase in the quantity of internal 'drift' fencing, so, of course, there are cost implications.
Only when the trapping process has been signed off by the ecologist and the internal fences and traps removed, again under the supervision of the ecologist, can work begin in earnest.
If during the construction operations, the fence is compromised, either intentionally or accidentally, every effort should be made to repair the breaches. If left open, the licence terms may be broken, and it has been known for work to cease on site, until the ecologist can determine that there are again no newts on site. This, in extreme cases, may require another complete trapping cycle.

What are the specifications for a newt fence? The English Nature Great Crested Newt Mitigation Guidelines provide the benchmark specifications for newt fencing. The guidelines describe a barrier fence that is based on the use of a polythene membrane that is partially buried, the exposed part being supported by timber stakes. The membrane should be of a UV stabilised material to extend its life (usually to a maximum of two years). This is buried in the ground to a depth of 200mm minimum, with a 100mm right angle return along the base of the trench to minimise the possibility of newts finding their way under the fence through unconsolidated material. This 'underlap' should be running away from the area that is to be cleared and into the habitat area, so as to prevent newts from coming back into the site. The trench should be backfilled and where applicable, the turfs place upside down to inhibit vegetation growth. All backfill material should be well compacted to ensure that no voids are left into which newts may climb. This may allow for their passage under the fence, or provide them with useful habitat in which to hide during dry or cold spells, so making the trapping process more difficult. Timber stakes, usually 37x37 or 50x50mm and from 1000 to 1200mm in length are driven into the ground along the inside line of the fence i.e. that side from which newts are being excluded. Spacing on the stakes is usually 1500mm. The stakes may be tanalised or not depending upon the time due to be spent in the ground. The polythene membrane should be attached to the stakes using screws, nails or staples through a plastic washer of approx. 20-25mm in diameter. There should be a minimum of three fixings per post. Along the top edge of the membrane, the plastic should be rolled over two or three times to create a 'tube' along the top of the membrane. The top fixing should be through this roll. This provides a very secure fixing point to the top of the membrane as well as creating an overlap to prevent newts climbing over the fence. Every effort should be made to ensure that the membrane is as taut as possible to reduce the number of creases in it, and so minimise points of weakness that may be exploited by newts or the elements.
This is an economical form of fencing that is suited to sites which require a fence with a lifespan of less than two years. When considering the specification of a fence, other factors should be taken into account as well as the duration of the project. If the fence is in a well protected environment, polythene may be the best option; if it is to be in an environment where it is exposed to very high winds, a breathable material such as a woven geo-textile may be more suitable. This material also has a higher breaking strain than polythene membrane. However it should be borne in mind that some ecologists do not like this material as it offers greater possibility for newts to climb up the textured material. Fence may also be exposed to a considerable amount of human interference, malicious or accidental. Polythene membrane and woven geo-textile are all highly flammable and liable to physical damage. Once damaged, they are also difficult to repair without replacing a whole section. An alternative to these materials is HDPE plastic panels usually 1-4mm thick. These have a longer lifespan than either of the other two materials, up to 15years, are much more resistant to physical damage, and, because they are installed in panel form, they tend to simply require reattaching to posts when damaged. Panels are usually installed to a depth of 300mm and do not have an underlap. The thicker forms of this material will also have a preformed overlap along the top edge as it is too tough to bend by hand. This form of fencing is also called permanent newt fencing.
On sites where permanent fencing is required, it may be used in conjunction with more temporary forms. It is often the case that the perimeter fence is constructed from permanent material, while the interior is subdivided up into smaller quadrants with polythene membrane fence. The internal or drift fences only have to withstand one or two months' exposure while the trapping process takes place. Once the site is clear of newts, the drift fencing is usually removed.

What is one way fencing? One way fencing is an angled newt fence that allows newts to pass in one direction over the fence, but not back the other way. This is typically placed at 45 degrees to the ground surface. In the case of polythene membrane fence, the angle is created by driving the stakes into the ground at the required angle, and attaching the polythene to this. Where panels are used, they are often moulded to the angle required prior to installation. The surface of the panels can be textured to provide greater grip for newts as they pass over the angled material.

What is a pitfall trap? At pitfall trap usually consists of a straight sided bucket approximately 300mm in diameter buried in the ground with the top rim flush with the surface. The bucket should be placed against the membrane or panel of the newt fence. In this way, newts meeting the fence are forced along parallel to the fence until they meet the trap, which they drop in to. The correct installation of a pitfall trap is one of the easiest things to get wrong in the newt fencing process. To prevent the buckets being pushed out of the ground by rising ground water, small holes should be drilled in the base to allow the bucket to fill. If a lid is fitted, this should also have a breather hole. It is essential that the soil is well compacted around the rim of the bucket. Voids here provide great opportunities for newts to hide. Pitfall traps should be provided with lids to prevent fauna from falling into them until the trapping starts. Unmonitored, open traps can create a significant wildlife hazard, and possibly expose the developer to prosecution through negligence. Traps should also be furnished with some vegetation cover to prevent predation and/or overexposure to sun, a float in case of flooding, and a mammal ladder, a thin dowel up which mice voles shrews etc can climb, but newts cannot.

What is a terrestrial refuge? Often used as an alternative to or in conjunction with pitfall traps, terrestrial refuges are typically made from rubber backed carpet tiles. These provide ideal habitats for newts to shelter, making them easier to trap. An alternative to carpet tile is roofing felt, but some ecologists object to his as it can heat up too much in the sun.

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