UK gardeners warned over possible fine for illegal hedge cutting

Wales Online

3 days ago

UK gardeners warned over possible fine for illegal hedge cutting
Destroying a bird's nest could result in an unlimited fine and six months in jail
Whilst it's permitted to cut domestic garden hedges during this period, if it results in a bird's nest being harmed or demolished (deliberately or accidentally), then you're still breaking the law.
(Image: PA)
Gardeners are being warned about pruning their hedges this August, or they could risk facing imprisonment and an "unlimited fine". Now that summer has arrived), gardeners have been tackling their upkeep, including ensuring everything appears well-maintained and orderly in the garden.
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However, if you're considering clipping your hedges, then alongside the consequences for the hedge's development during flowering, you might also violate environmental legislation. Agricultural hedgerows cannot lawfully be trimmed between April 1 and August 31 whatsoever, except under extraordinary circumstances, which would necessitate a permit.
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Whilst it's permitted to cut domestic garden hedges during this period, if it results in a bird's nest being harmed or demolished (deliberately or accidentally), then you're still breaking the law.
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Specialists at Husqvana clarify: "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. Love dreamy Welsh homes? Sign up to our newsletter here .
"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) supports this position. The legislation states that individuals breach the law if they deliberately harm a bird's nest whilst it's in use or under construction, and this includes hedge cutting, noting: "The moment it becomes active, it is illegal to destroy it".
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Violating this law could result in an unlimited fine and up to six months' imprisonment as the maximum penalty.
The RSPB explains: "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."
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.
(Image: (Image: Getty))
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Wildlife specialists Arbtech explained: "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).
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"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."