• • Contents...
    • Protection of Birds
    • Protection of other animals
    • Protection of Plants
    • Miscellaneous provisions
    • Supplemental provisions

Protection of Birds

Sections 1, 2, 3, 4, 5, 6, 7 and 8 relate to protection of birds.

Section 1 prohibits the intentional killing, injuring or taking of any wild bird and the taking, damaging or destroying of the nest (whilst being built or in use) or eggs. It prohibits possession of wild birds (dead or alive) or their eggs. There are additional penalties for offences relating to birds on Schedule 1 and, in addition, it is an offence to disturb Schedule 1 birds at nest or the dependent young of Schedule 1 birds.

Section 2 outlines exceptions to Section 1, notably it identifies two lists of birds that may be killed:

1. quarry species which may be killed outside the close season (Schedule 2 part I)
2. pest species which may be killed at all times (Schedule 2 part II).
   [Schedule 2 part II has since been deleted].

Section 2 also defines 'close seasons' for the Schedule 2 part I species.

Section 3 allows the Secretary of State to designate areas of special protection (sanctuaries) to provide further protection to birds (except those on Schedule 2 Part II) and even prohibit disturbance or restrict access.

Section 4 identifies exceptions to Section 3, e.g. provision to allow nursing of or humane destruction of injured birds; provision to cover incidental actions that are an unavoidable result of an otherwise lawful activity.

Section 5 prohibits the use of certain types of trap, poison, bird-lime, etc, for catching or injuring birds and outlaws the use of certain methods of killing or taking them leg bows, automatic weapons, gas, explosives) or the use of certain types of decoys.

Section 6 restricts sales or other form of trade of live wild birds on Part I of Schedule 3 (birds which may be sold alive at all times if ringed and bred in captivity), or birds eggs, or the sale of dead wild birds not listed on Parts II (birds which may be sold dead (at all times)) or Part III (birds which may be sold dead from 1 September to 28 February) of Schedule 3. It also restricts exhibition of birds.

Section 7 restricts the possession of birds of certain species unless registered and ringed (Schedule 4).

Section 8 sets standards for keeping birds in captivity.

Protection of other animals

Section 9 prohibits the intentional killing, injuring or taking, the possession and the trade in wild animals listed on Schedule 5. In addition, places used for shelter and protection are safeguarded against intentional damage, destruction and obstruction and animals protected under the relevant part of Section 9 must not intentionally be disturbed whilst occupying those places.

Section 10 identifies certain exceptions to Section 9, e.g. provision to allow nursing of or humane destruction of injured animals; provision to cover incidental actions that are an unavoidable result of an otherwise lawful activity.

Section 11 prohibits the use of self-locking snares, bows, explosives or use of live mammals or birds as decoys, for capture and killing of any wild animal. It also prohibits the use of traps, snares, nets, poisons, electrical devices, dazzling devices, automatic weapons, night shooting devices, gas or smoke for killing, injuring or taking animals listed on Schedule 6. The use of sound recordings as decoys and pursuit with mechanically propelled vehicles are also prohibited for animals on Schedule 6.

Section 12 relates to Schedule 7; this Schedule amends other legislation relating to the protection of mammals.

Protection of plants

Section 13 identifies measures for the protection of wild plants. It prohibits the unauthorised intentional uprooting of any wild plant species and forbids any picking, uprooting or destruction of plants listed on Schedule 8. It also prohibits the sale, etc, or possession for the purpose of sale of any plants on Schedule 8 or parts or derivatives of Schedule 8 plants. It provides certain defences, e.g. provision to cover incidental actions that are an unavoidable result of an otherwise lawful activity.

Picking of Fruit, Foliage, Fungi or Flowers
It is not normally an offence to pick the 'Four Fs'; Fruit, Foliage, Fungi or Flowers which are growing wild if they are for personal use and not for sale.
Note: this assumes that none of them are specifically protected.

This is not part of the Act but a part of common law. It covers such customs as blackberry-picking, taking ivy and holly at Christmas, mushroom-hunting and gathering sloes.

To exercise this right you must be somewhere you have a legal right to be - such as on a public footpath or in a public park. You cannot just go anywhere and pick the Four Fs. Obviously if enough people exercise this right at the same time and in the same place it could cause a lot of damage to habitats and species. In some places such as parks or commons local byelaws prevent such activities.

Miscellaneous provisions

Section 14 prohibits the release to the wild of animals "not ordinarily resident" or that are not regular visitors to Great Britain and other animals listed on Part I of Schedule 9. It also prohibits planting in the wild of plants listed in Part II of Schedule 9 or otherwise causing to them grow there. These provisions are necessary to prevent the establishment of non-native species which may be detrimental to our native wildlife.

Section 15 amended the Endangered Species (Import and Export) Act 1976 via Schedule 10.

Supplemental provisions

Section 16 provides a mechanism for 1icensing actions that would otherwise be unlawful; different statutory agencies are responsible for 1icensing activities depending on the reason for doing them. For example (in general) English Nature is responsible for licensing most activities done for scientific study, educational reasons or for photography or conservation, the Department of Environment licenses sales, certain aspects of keeping birds and releases under Section 14 and the Ministry of Agriculture issues licenses for public health and protection of property.

Section 17 comments further on licensing.

Sections 18 and 19 are connected with offences and enforcement.

Section 20 relates to prosecutions and Section 21 penalties. Section 22, 23 and 24 relate to the roles of the Secretary of State and advisory bodies and to variations of schedules, Section 25 describes the role of local authorities.

Section 26 relates to the mechanisms by which Orders and Regulations, etc, should be produced. Interpretation and definition of terms used in Part I of the Act is given in Section 27.