Removal of hedges

Hi kh,

That is quite disgusting behaviour from a local authority. I have no idea about the legal side of removing hedges, BUT all bird nests are protected by law, whatever the species. and it is illegal to intentionally damage or destroy the active nest of any wild bird. There are heavy fines for those prosecuted.

This comes under the Wildlife and Countryside Act, which states that all wild birds, their nests and eggs, are protected. It is also important to remember that the nest building starts from the moment the very first twig is put in place. It is always a problem for authorities wanting to reduce hedging or do some tree felling, and is an issue some authorities like to ignore, mainly because the nesting season lasts until at least July.

I'm sure some of the more expert people in this RSPB Community will add to this discussion.

Hi,

Wild birds are protected by the law. This is particularly pertinent during the spring nesting season.

 The Wildlife and Countryside Act 1981states it is an offence to:

1. Intentionally kill, injure or take any wild bird
2. Intentionally take, damage or destroy the nest of any wild bird while that nest is in use or being built.
3. Intentionally take or destroy the egg of any wild bird.

The Wildlife & Countryside Act 1981 has several subsequent amendments the most important being The Countryside and Rights of Way Act 2000 (CROW) which under schedule 12 of the Act strengthens the legal protection for threatened species. It also makes certain offences 'arrestable' and  importantly and significantly creates a new offence of RECKLESS DISTURBANCE.

Schedule 12 amendment states

1. In section 1 (5) of the 1981 Act (offence of intentional disturbance of wild birds) after "intentionally" there is inserted "or

recklessly"

A local authority should also be working to conserve hedgerows that provide valuable food sources and habitat.

I would gather some more ammunition before putting your case forward. Contact your local Wildlife Trust for example.

Take some photographic evidence and go to press if you have no joy.

I hope this advice is helpful and not too late. I've only joined the forum today.

Ange

Hi again -

As a last word I double checked the legal status of Blackbirds on the RSPB website which states:

"Blackbirds and their nests are fully protected under the Wildlife and Countryside Act, which makes it an offence to intentionally kill, injure or take any wild bird.

It is also an offence to intentionally take, damage or destroy the eggs, young or nest of a blackbird whilst it's being built or in use. It is therefore essential to ensure nests are not destroyed if hedge trimming or tree felling has to be carried out in the breeding season."

Issues with the House Sparrow a little more complicated. Check out:

http://www.rspb.org.uk/wildlife/birdguide/name/h/housesparrow/sparrows_and_the_law.aspx

Very angry about your case. How could they?

Ange

I just wanted to express my support for you on this issue. It is absolutely pathetic that a local authority can sanction this. People have worked so hard over the years to obtain some protection in law for our birds and wildlife and then some idiot simply disregards it. 

It must have been upsetting for you kh.