Environmental laws ensure the protection of wildlife in the UK
Trimming hedges could mean you’re breaking the law(Image: Getty Images)
Gardeners are being urged to check they are aware of specific environmental laws ahead of the warm weather that is set to return to the UK following Storm Floris.
With a potential heatwave hitting the UK before the summer ends, many gardeners will be getting ready to head back outside to take on some essential maintenance following the recent rainfall.
However, you may unintentionally break the law if you’re caught trimming hedges this August, which could lead to an ‘unlimited fine’ or even jail time, reports The Express.
Farm hedgerows cannot legally be cut between April 1 and August 31 at all, apart from in extreme circumstances, which would require a licence. While it is legal to trim domestic garden hedges at this time of year, if it causes a bird’s nest to be damaged or destroyed then you’re still considered to be breaking the law.
Experts at Husqvana explain: “Under Section 1 of the Wildlife and Countryside Act 1981, it’s an offence to intentionally damage or destroy a wild bird’s nest while it is being built or in use.
“That includes consciously using a hedge trimmer when there is a bird’s nest in your hedge, and in the process of doing so, causing the nest to be damaged or destroyed.”
The Royal Society for the Protection of Birds (RSPB) also backs up this claim.
It states that a person is breaking that law if they intentionally damage a bird’s nest while it’s being used or built, and this applies to trimming hedges, saying: “The moment it becomes active, it is illegal to destroy it”.
Breaking this law could land you an unlimited fine and six months in prison at the maximum sentence.
The RSPB adds: “The consequences for the above, even in the event of harm to a single bird, nest or egg, is an unlimited fine, up to six months in jail or both. Suffice to say, it is certainly not a risk worth taking.”
If you happen to destroy a bird’s next, wildlife experts Arbtech explained how prosecution works in practice, saying: “Pieces of environmental legislation such as the Wildlife and Countryside Act 1981 as amended are regulated by a combination of the police, Natural England / Natural Resources Wales / Scottish Natural Heritage (based on location), the Environment Agency, the Joint Nature Conservation Committee, the Food, Farming and Countryside Commission (FFCC), the local authorities, the Partnership of Action against Wildlife Crime (PAW), various public bodies, and relevant organisations based on the endangered species in question.
“Once an action breaking the rules of the Act has been carried out, the offence will inevitably result in a police investigation. The police will enforce part 1 of the Act, as it focuses on the fundamental wildlife protection over wildlife species and what exactly necessitates a breach of the rules.
“In fact, dedicated departments of the police specialise in breaches of environmental and wildlife laws, such as the National Wildlife Crime Unit (NWCU) and Wildlife Crime Officers (WCOs).
“Any law relating to the environment and wildlife are taken just as seriously as any other piece of active legislation.
“Even in respect of a breach of the Act involving a single animal or habitat, the person responsible would be liable to pay a potentially unlimited fine, spend up to six months in prison, or possibly even both.”