Many Brits have been making the most of the good weather and heading outside to give their gardens a spruce up – but there are rules you need to know before cutting back hedges
Gardeners are being warned to tread carefully when tending to their hedges this August, as they could risk imprisonment or an ‘unlimited fine’ for breaking the law.
With the sun making a welcome appearance recently, albeit with intermittent showers, hordes of gardeners have been seizing the opportunity to carry out vital upkeep in their green spaces, aiming for that perfectly manicured look. However, those planning to trim their hedges must consider not just the potential impact on the plants’ blooming phase but also the possibility of contravening environmental regulations.
From April 1 to August 31, cutting farm hedgerows is against the law, except under exceptional circumstances that would necessitate a licence. It comes after Brits are told to never put one banned item in garden bins as you could face punishment.
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While it’s permissible to prune hedges in domestic gardens during this period, any harm caused to bird nests, whether deliberate or accidental, constitutes a legal infringement, reports the Express. Specialists at Husqvana clarifies: “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 corroborates this stance. The legislation states that an individual is violating the law if they deliberately harm a bird’s nest while it’s in use or under construction.
This extends to hedge trimming, with the guidance noting: “The moment it becomes active, it is illegal to destroy it.” Breaching this law could result in an unlimited fine and up to six months behind bars as the maximum penalty.
The RSPB emphasises: “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.”
What happens if you demolish a bird’s nest?
Wildlife specialists Arbtech outline how the offence is pursued in reality. They 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).
“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.”
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