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WILDLIFE LAW FAQ

Wildlife law is necessarily complex, but the bottom line is that it is in place to protect UK's flora and fauna.

Although getting to grips with the relevant acts and instruments of legislation can be a real challenge, in simple terms, with very few exceptions, all British native wildlife enjoys a measure of protection – and even those officially classed as 'pests' must be treated humanely.


please note this is not legal advice and you should seek qualified legal advice if you are seeking to avoid prosecution or intending to bring a prosecution.

When is the best time of year to prune my hedge?

January to February is the best time of year to carry out pruning work in your garden. This time of year is suggested because the hedges have less to offer. The berries will have been eaten by the birds over the wintering period and nesting season has not started yet. The nesting season for birds runs from the 1 March to 31st August. You should avoid carrying out work which will disturb birds during this period as this is an offence under the 1981 Wildlife and Countryside Act.


Are the badgers that visit my garden protected?

For many people, having badgers visit the garden is a delight, but there’s no escaping the fact that their antics – however engaging – can sometimes be a bit destructive!

The Protection of Badgers Act 1992 gives considerable protection to this most distinctive of British mammals and that protection also includes the area around their setts. By law any sett is deemed to be inhabited unless it can be shown beyond all doubt that it isn’t.

For further information and advice visit.....
BadgerTrust Sussex
BadgerTrust

Can I pick wildflowers?

We always encourage people to leave wildlife in it's natural environment. By leaving flowers to bloom and set seed it means that the flower can function as nature intended and a host of other wildlife will benefit from its presence in the ground rather than in a vase on your coffee table.

It is against the law to uproot any wild plant without the landowner’s permission.

Since 1998, through the listing of the native bluebell on Schedule 8 of the Wildlife and Countryside Act (1981), it has been illegal for anyone to collect native bluebells from the wild for sale. This legislation was designed specifically to protect the bluebell from unscrupulous bulb collectors who supply garden centres.

In addition, just as is the case for animals, there are some plants – many of Britain’s rarest, including some native orchids and a small number of ferns – which merit special protection under the Wildlife and Countryside Act. As with wild animals, this list is also reviewed every five years.

for further information on UK flora visit....
Plant Life

Who can give me further advice on wildlife law?

Your own solicitor should be able to help, but it’s such a complex and refined area of law that you’re often best off taking to more of a specialist. Many police forces have Wildlife Officers, while the likes of DEFRA and Natural England, may be able to help.

If you are concerned about the legal implications of any activity you are planning to undertake Sussex Wildlife Trust would always encourage you to seek proffesional legal advcie.

Other useful websites

Environmental law Foundation

National Wildlife Crime Unit

Partnership for Action Against Wildlife Crime (PAW)

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