Allotment Gardening Advice Help Chat

Growing => General Gardening => Topic started by: jimroden on June 29, 2008, 10:13

Title: Cutting hedge's
Post by: jimroden on June 29, 2008, 10:13

Hello all

does any one know where the legislation is when you are supposed to cut hedges during the bird's nesting time's

Jim

Title: Cutting hedge's
Post by: lincspoacher on June 29, 2008, 18:29

well the legislation is to do with birds, not hedges.

Its illegal to disturb a protected species.

What bird is it? Is it a protected species?

Title: Cutting hedge's
Post by: Lee1978 on June 29, 2008, 19:02

It should'nt matter what species of bird it is, check the hedge before you cut it and if there is a nest in there delay trimming back for a few weeks :wink:

Title: Cutting hedge's
Post by: Yorkie on June 29, 2008, 20:29

The only relevant legislation which springs to mind is the Wildlife and Countryside Act 1981.

You can do a search for section 1 of the Act on  here  (http://www.statutelaw.gov.uk)

Title: Cutting hedge's
Post by: lincspoacher on June 29, 2008, 20:36

Quote from: "Omegaman1"

It should'nt matter what species of bird it is, check the hedge before you cut it and if there is a nest in there delay trimming back for a few weeks :wink:

Well the question was 'is there any law relating to cutting hedges'

The answer is 'not a such unless its a protected species'.

Its not illegal to cut a hedge if theres a bird's nest in it and its not a protected species, thats more a moral question as to whether you wish to choose  to do that or not.

So the side question 'what species is it' is VERY relevant - its the difference between illegality and immorality

Title: Cutting hedge's
Post by: Yorkie on June 29, 2008, 21:11

LP is correct that there's no specific law against cutting hedges.

However, if there is a nest of a wild bird (i.e. one not bred in captivity), s.1 of the WCA 1981 provides that it's an offence if anyone intentionally—
(a)kills, injures or takes any wild bird;
(b)takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or
(c)takes or destroys an egg of any wild bird.

There are additional penalties if the bird is specially protected.

So, the law protects against destruction or damage to a nest while it is in use or being built.

To be on the safe side, wait until you know the nest has been vacated.

Title: Cutting hedge's
Post by: lincspoacher on June 29, 2008, 22:17

Quote from: "Yorkie1"

LP is correct that there's no specific law against cutting hedges.

However, if there is a nest of a wild bird (i.e. one not bred in captivity), s.1 of the WCA 1981 provides that it's an offence if anyone intentionally—
(a)kills, injures or takes any wild bird;
(b)takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or
(c)takes or destroys an egg of any wild bird.

There are additional penalties if the bird is specially protected.

So, the law protects against destruction or damage to a nest while it is in use or being built.

To be on the safe side, wait until you know the nest has been vacated.

yea, right on. It was the wrong question really, it shoudl have been 'Is it illegal to disturb a wild birds nest while its in use '

:D