# The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016, Paragraph 13: Protected species

Extent: E+W+S

(1) No part of the authorised development is to commence until final pre-construction survey work for that part has been undertaken to establish whether European or nationally protected species are present on any of the land affected, or likely to be affected, by that part of the authorised development or in any of the trees and shrubs to be lopped or felled as part of the authorised development.
(2) Where a protected species is shown to be, or where there is a reasonable likelihood of it being, present, the relevant part of the authorised development must not begin until a scheme of protection and mitigation measures or translocation of the relevant species has been submitted to and approved by the Secretary of State, following consultation with Natural England.
(3) The relevant part of the authorised development must be carried out in accordance with the approved scheme, or with any amended scheme that may be subsequently approved by the Secretary of State, following consultation with Natural England, and under any necessary protected species licence.
(4) Monitoring of impacts on protected species and habitats prior to, during and after construction, together with the monitoring and management of mitigation measures, must be carried out as far as required to meet the protected species licence requirements.
(5) In the event that any protected species are found at any time when carrying out the authorised development which were not previously identified in the environmental statement—
(a) the finding must be reported immediately to Natural England; and
(b) no activities requiring a protected species licence are to continue until a scheme of protection and mitigation measures for the protected species has been submitted to, and approved by, Natural England and the Secretary of State.

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Source: https://www.legislation.gov.uk/uksi/2016/863/schedule/2/paragraph/13 (the official version)
Page: https://openlegislation.uk/m4-motorway-junctions-3-to-12-smart-motorway-development-consent-order-2016/schedule-2/paragraph-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.