Welsh Ministers have laid the Beavers (Wales) Order 2026, confirming Eurasian beaver (Castor fiber) will be recognised in law as native to Wales and added to the list of European Protected Species. The Order takes effect on 4 March 2026, creating a clear basis for licensing and management. (gov.wales)
The instrument amends two frameworks: Schedule 2 to the Conservation of Habitats and Species Regulations 2017 to list Eurasian beaver as a European Protected Species, and Schedule 9 to the Wildlife and Countryside Act 1981 to treat the species as native in Wales rather than an animal no longer normally present. This updates the position set by the 2015 Wales Order, which had placed beaver in Part 1B of Schedule 9. (gov.wales)
European Protected Species status engages the strict offences in regulation 43 of the 2017 Regulations. In Wales it is unlawful to deliberately capture, injure or kill beavers, to deliberately disturb them, or to damage or destroy their breeding sites or resting places. These offences apply irrespective of season or life stage. (legislation.gov.uk)
Activities that risk an offence can proceed only under licence. Under regulation 55, Natural Resources Wales (NRW) may grant licences for specified purposes such as conservation, public health or safety, preventing serious damage, or wider public interest, subject to the statutory ‘three tests’. NRW is the relevant licensing body for Wales under regulation 58. (legislation.gov.uk)
Listing on Schedule 9 means releases remain controlled. Releasing, or allowing the escape of, beavers into the wild without a licence continues to be an offence under section 14 of the Wildlife and Countryside Act 1981. Recognising the species as native does not create a permission to release. (legislation.gov.uk)
For land managers, developers and utilities, the change raises the threshold for due diligence around works that may affect dams, burrows or lodges. Expect a need for early ecological assessment and, where impacts cannot be avoided, an application to NRW for a European Protected Species licence. Welsh Government has indicated further licensing guidance and monitoring protocols will follow. (gov.wales)
Managed reintroductions will continue to require authorisation. Ministers have signalled that any future releases will be regulated and supported by NRW guidance, with stakeholder engagement through the Wales Beaver Forum to address practical concerns alongside ecological benefits. (gov.wales)
Cross-border context matters. England conferred the same protected status in 2022 by moving beaver to Part 1A of Schedule 9 and adding it to Schedule 2 of the Habitats Regulations; Wales is now aligning its legal position with that approach. (legislation.gov.uk)
Key date for compliance is Wednesday 4 March 2026. Public bodies, contractors and landholders with Q1–Q2 works near watercourses should review programmes now and contact NRW early where beaver presence is possible to avoid enforcement risk or delay. (gov.wales)