[stompy]

WCA

The WCA is a complex piece of legislation, which touches upon common law rights in certain areas. I will take two examples - plant gathering and animal hunting/ gathering. In general a landowner owns all trees and plants growing upon his or her plot. An owner has the right to sever such objects from the land (and to sell the same), but WCA intervenes in the case of certain protected wild plants. In short if a plant species is protected under WCA, no one can pick, destroy or sell it (including the landowner) without committing an offence. If a species does not enjoy WCA protection what about the stranger who wants to take plants? An act of this nature would ordinarily be theft, but an exception in the Theft Act states that in the case of mushrooms or plants growing wild on land, a person may take away foliage, fruit or parts of the plant without committing an offence - unless it is done with the intention of selling them, or for other reward.

[savbo]

Just to try to firm this up...quote from Wildlife & Cside Act...

Subject to the provisions of this Part, if any person—
(a)intentionally ... picks, uproots or destroys
(i)] any wild plant included in Schedule 8; or
(ii)any seed or spore attached to any such wild plant; or]
(b)not being an authorised person, intentionally  uproots any wild plant not included in that Schedule,
he shall be guilty of an offence.

so as regards a stranger who wants to take plants - the key is being an authorised person - it means you need the landowners permission to pull up any wild plant.

What I am not up to speed on is how European legislation modifies any of this...
M

[8doubles]

Just stand next to me when i`m shore fishing i get plenty, and carrier bags to put it in.

Most councils are happy for you to take washed up weed off the beach , if not it stinks and puts the tourists off.

[stompy]

In takeing washed up seaweed from the shore, you are neither picking or uprooting!!!
I would just go and get it, it would have to be a very sad person that would say something.
Yuor hardly going to have an impact on the environment with a couple of car loads of washed up seaweed, are you.

I know what you mean 8doubles.
I fish the holderness coast and we are plauged with this really fine red weed.
And the other stuff.
Strangely not many cod though 

[Yorkie]

Just to try to firm this up...quote from Wildlife & Cside Act...

Subject to the provisions of this Part, if any person—
(a)intentionally ... picks, uproots or destroys
(i)] any wild plant included in Schedule 8; or
(ii)any seed or spore attached to any such wild plant; or]
(b)not being an authorised person, intentionally  uproots any wild plant not included in that Schedule,
he shall be guilty of an offence.

so as regards a stranger who wants to take plants - the key is being an authorised person - it means you need the landowners permission to pull up any wild plant.

What I am not up to speed on is how European legislation modifies any of this...
M

European legislation doesn't directly affect us in the sense that it is cited in our courts - it has to be transposed into domestic legislation., and the [] visible in the extact above indicate that the Act has been amended since inception in 1981 - for whatever reason that may have been.  I don't think that is a problem per se.

The only thing regarding seaweed is that if it is already detached and dying, then is it being uprooted?  I think it's arguable that it is not, and therefore no offence would be committed under the WCA 1981 as amended.

I think the Theft Act is probably potentially of more relevance but can't recall the specific caselaw regarding high and low water marks.

[solway cropper]

This legal stuff is an absolute minefield. Just go and collect the seaweed and plead ignorance if anyone questions you. I collect seaweed, driftwood, old buckets and anything else I can find along the tideline and have been doing it for years. I also collect sheep droppings which make a good liquid feed when soaked in water. Now, I suppose that technically, said droppings 'belong' to Richard the farmer but he hasn't said anything yet. There's far too much legislation being passed by petty-minded little people with nowt better to do. Thankfully, up here in the wild north-west we ignore most of it.

[sunshineband]

I think the main issue would actually be that the local council technically owns the seaweed .........   probably wouldn't want it back though 

[peapod]

I really cant see anyone getting their knicks in a twist about collecting seaweed from abeach, cripes, kids have been doing that for years!

[sunshineband]

Unless it's by the lorry load --  that rather draws attention to it 

[peapod]

Unless it's by the lorry load --  that rather draws attention to it 

specially when it sinks in the sand 

[sunshineband]

and then the tide comes in 

[peapod]

Now THAT'd be a lorry load of seaweed   

[sunshineband]

  It sure would