Gardeners are being warned not to break the law when trimming hedges this August or potentially face jail time and an ‘unlimited fine’. Now the sun has finally come out over the past few weeks (albeit with some more rain inbetween), gardeners have been heading back outside in their droves to take on some essential maintenance, including making sure everything looks neat and tidy in the garden.
But if you’re thinking about cutting your hedges, then as well as the implications for the hedge’s growth while flowering, you may also run afoul of an environmental law. Farm hedgerows cannot legally be cut between April 1 and August 31 at all, apart from in extreme circumstances, which would require a licence. It’s legal to trim domestic garden hedges at this time of year, but if it causes a bird’s nest to be damaged or destroyed – intentionally or otherwise – then you’re still breaking the law.
Experts at Husqvana explain: “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 backs this up.
It says that a person is breaking that law if they intentionally damage a bird’s nest while it’s being used or built, and this applies to trimming hedges, saying: “The moment it becomes active, it is illegal to destroy it”.
Breaking this law could land you an unlimited fine and six months in prison at the maximum sentence.
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.”
What happens if you destroy a bird’s nest
Wildlife experts Arbtech explain how the act is prosecuted in practice.
They said: “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.”