If gardeners are cutting hedges and a bird’s nest is damaged or destroyed – intentionally or otherwise – then they’re breaking the law and could face a fine or jail time
You could be breaking the law by cutting your hedge at this time of year(Image: Getty Images)
Green-fingered Brits are being warned against falling foul of the law this June as they spruce up their gardens, with warnings that illegal hedge trimming could land them in hot water – including potential jail time and an ‘unlimited fine’. With the sun making a welcome return recently, albeit punctuated by showers, gardening enthusiasts have been eagerly tending to their outdoor spaces, keen to ensure their greenery is looking shipshape.
However, those reaching for the shears to neaten up their hedges might not just be impacting the plant’s health during its blooming period but could also inadvertently breach environmental regulations.
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Strict rules prohibit the cutting of farm hedgerows from April 1 to August 31, barring exceptional circumstances which would necessitate a licence.
While domestic garden hedges can be legally trimmed during this period, any harm caused to bird nests, whether deliberate or accidental, constitutes a legal infringement.
With many birds still in the midst of nesting and rearing chicks in June, specialists at Husqvana highlight the legal implications: “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.”
This stance is backed up by the Royal Society for the Protection of Birds, reports the Express. According to the RSPB, anyone who intentionally damages a bird’s nest while it is in use or under construction is in breach of the law, and this includes trimming hedges.
The charity states: “The moment it becomes active, it is illegal to destroy it.” Violating this law may lead to an unlimited fine and up to six months in prison.
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.”
Wildlife specialists Arbtech provide insight into how the legislation is enforced in practice.
They state: “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.”