Common use of Ecology Clause in Contracts

Ecology. 7.1 For bat surveys, access is required to all loft spaces and other areas as detailed in the Fee Quote. If access is not possible to all areas, the assessment may be incomplete, and the local authority may require further surveys to be undertaken. If TMA must visit the Site a second time because full access was not available on the first visit, an additional charge will be made. 7.2 If TMA consider that a potential wildlife crime has been committed or believe a crime may be about to the committed, this will be brought to the Client’s attention immediately. There are certain circumstances in which TMA will be mandated to notify the relevant authorities if a crime has been committed or is about to be committed. TMA reserve the right to communicate with the relevant authorities directly at any stage should it be considered that this is necessary to prevent the commission or continued commission of a crime. 7.3 Occasional access to third party land may be required, for instance to assess off-Site ponds for the presence of great-crested newts where this is relevant to a development site. Where such access is required, access must be formally arranged by the Client with the relevant landowner and provided free of charge to TMA. TMA may require evidence of formal access permission having been granted. TMA reserve the right not to enter third-party land where clear access permission cannot be demonstrated or is permitted on unreasonable terms. TMA will not be held liable for any delays to surveys, or limitations to the conclusions of surveys, due to lack of access. 7.4 Where stated within the Fee Quote, TMA will record evidence of invasive plant species within or adjacent to the Site. Although invasive plant species will be recorded if observed, TMA does not carry out invasive plant searches and does not guarantee that all occurrences will be found. TMA cannot be held liable for later discovery of invasive plant species, nor any financial implications of their presence.