European protected species: apply for a mitigation licence (A12)
Apply for a licence to carry out work that may affect European protected species.
Applies to England
Documents
Details
You need a mitigation licence if your work will have impacts on European protected species (EPS) that would otherwise be illegal. This includes:
- capturing, killing, disturbing or injuring them - on purpose or by not taking enough care
- damaging or destroying their breeding or resting places - even accidentally
- obstructing access to their resting or sheltering places - on purpose or by not taking enough care
You can use licence A12 for the following animal EPS:
- beavers
- fisher’s estuarine moth
- large blue butterfly
- lesser whirlpool ramshorn snail
- pool frog
- wildcat
You can use licence A12 for the following plant EPS:
- creeping marshwort
- early gentian
- fen orchid
- floating water-plantain
- Killarney fern
- lady’s slipper orchid
- shore dock
- slender naiad
- marsh saxifrage
Do not use this licence for the EPS that have their own mitigation licence application forms:
You need to follow the Marine Management Organisation guidance for marine EPS:
- sturgeon
- dolphin, porpoise and whale (all species)
- turtles: green turtle, hawksbill turtle, Kemp’s ridley, turtle, leatherback turtle, loggerhead turtle
Other protected species
If you need a mitigation licence for a protected species that is not an EPS, you must use a different application form. Visit Protected species: apply for a mitigation licence (A05 and A05a) for more details.
Apply for an A12 licence
To apply you must:
- complete application form A12
- include a method statement to show what you’ll do to reduce the impacts of the proposed work on the affected species
- include a reasoned statement to show that the activity fits the criteria and that there is no satisfactory alternative
- include references to show that the ecological consultant has the necessary experience to apply for a mitigation licence - references are not needed if they’ve held a mitigation licence for the same species in the last 3 years
If the application is for a phased or multi-plot development, you need to provide:
- a master plan
- a habitat management and maintenance plan
You may need to pay for this licence.
Natural England will decide whether to issue a licence within 30 working days of receiving your application.
Use the European protected species (EPS) licensing policies
As part of your mitigation licence application, you may be able to use the EPS licensing policies to:
- reduce the level of survey you need to carry out
- reduce the mitigation requirements
- improve flexibility on where you create habitats as a compensation measure
Find out when and how to use European protected species policies to benefit EPS.
The 3 licensing tests
Your licence application must pass 3 legal tests:
- the activity must be for a certain purpose - for example, for scientific research or in the public interest
- there must be no satisfactory alternative that will cause less harm to the species
- the activity must not harm the long-term conservation status of the species - you may need to create new habitats to offset any damage
Find out more about the requirements for a European protected species licence.
When you need to pay
You may need to pay for an A12 licence. Natural England will assess your application form and tell you:
- if you need to pay
- how much you’ll pay
Read the terms and conditions for paying for a wildlife licence.
When you do not need to pay
You may not need to pay for a licence if it’s:
- to preserve public health and safety
- to prevent the spread of disease
- to prevent serious damage to property
- to conserve a historic property
- householder home improvements
How to pay
Natural England will send you an invoice when it approves your application.
You can pay by:
- electronic bank transfer
- debit or credit card by telephone - except American Express
- cheque
Your invoice will give payment method details.
VAT does not apply to charges for wildlife licences.
You need to include your invoice number with your payment.
Natural England accepts purchase orders. If you want Natural England to add a purchase number to your invoice, you must include it in the invoice details in your application form.
Report your actions
You must report any actions you took under this licence on the European protected species return form.
You must report within 2 weeks of your licence expiring, even if you’ve taken no action. Natural England may also ask you to submit interim reports.
Planning permission
If you need planning permission you should get it before applying for a mitigation licence.
Updates to this page
Last updated 7 October 2022 + show all updates
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Added a link to the application form for non-European protected species. Also added to this page a method statement template to support a mitigation licence application for European protected species.
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Added beavers as they are a European protected species.
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We've removed the charge screening form as this has now been incorporated into the main application form.
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We've replaced the mitigation licence application form (A12).
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We've replaced the mitigation licence application form (A12).
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Added a section on how to use European protected species (EPS) policies to benefit EPS as part of your mitigation licence application.
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From 7 December 2020 you may need to pay for an A12 licence. Added charge screening form and updated A12 licence application form.
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Replaced application form with a revised, interactive PDF version.
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Updated version of application form added.
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First published.