Gardeners facing 'unlimited fine' or jail time for cutting hedges in July
Gardeners have been warned they may be unknowingly breaking the law when trimming hedges this month which could lead to jail time or an 'unlimited fine'. While the UK has been hit with a heatwave over the past few weeks, gardeners have been making the most of the weather to make sure everything looks neat and tidy in their outdoor spaces.
However, if you are planning on cutting your hedges, you should know that as well as the implications for the hedge's growth while flowering, you may also break a very serious environmental law. Farm hedgerows can not legally be cut between April 1 and August 31 at all, apart from in extreme circumstances, which would require a licence.
It legal to trim down domestic garden hedges in the summer but if it causes intentional damage or destroys a bird's nest, then you're still breaking the law. Many birds are still nesting and feeding their young in July, the Express reports.
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 states that a person is breaking the law if they intentionally damage a bird's nest while it's being used or built, and this also applies to trimming hedges.
It says:'The moment it becomes active, it is illegal to destroy it'.
Gardeners have been warned that breaking this law could land you an unlimited fine and 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.'
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.
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"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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