Wildlife and Countryside Act 1981

When you're out for a woodland walk in spring, you may see some bluebells. These bell-shaped flowers spend most of the year underground as bulbs, until they emerge in April or May. They're indicator species of ancient woodland – areas that have been continuously forested since the year 1600! To put that date into context, that's four decades before Oliver Cromwell ruled the UK!

Figure 1 – Once voted Britain's favourite flower, bluebells are under threat from habitat destruction and hybridisation. Source: unsplash.com

Although bluebells may look pretty, you're not allowed to pick them. They are protected under the Wildlife and Countryside Act of 1981. You aren't allowed to dig them up, and landowners are prohibited from removing bulbs from their land to sell. They could face prosecution or a fine of up to £5000!

Interested to know more about protected species? Keep reading!

Wildlife and Countryside Act 1981: Simplified

What is the Wildlife and Countryside Act (1981)?

The legislation was first established in 1981, and has had a few amendments since.

The Role of the Act

The Act prohibits actions involving wild animals, protected species, disturbing habitats, and requires proof of intention for an offence.

The Act contains four parts, which are:

1. Wildlife – this part includes protected species and measures to prevent the establishment of non-native species

2. Nature Conservation, Countryside and National Parks – this part focuses on protected areas and their legislation

3. Public Rights of Way – this part covers footpaths and bridleways

4. Miscellaneous and General – this part relates to interpretation and application

Seventeen schedules follow the Act.

Schedules of the Act include lists of protected species, licences, and legal procedures.

Who Enforces the Act?

The police are responsible for enforcing Part 1 of the Act, often advised by Natural England.

Specially trained wildlife crime officers investigate wildlife offences. They are assisted by the National Wildlife Crime Unit, a law enforcement agency.

The Environment Agency deals with reports from the public related to wildlife crime. They can prosecute individuals who have committed environmental crimes, such as damage to habitats and wildlife. They work closely with the RSPB and wildlife crime officers.

Local authorities, such as city councils, regulate public rights of way and enforce any related legislation. Any right of way issues are usually reported by members of the public.

Wildlife and Countryside Act 1981: Protected Species

A significant part of the Act is a list of protected species. Deliberate harm to these protected species (either animal, plant, or fungi) is prohibited. Protecting species limits biodiversity loss and extinction.

Animals

Schedule 5 of the Act defines a list of protected animals. If an individual intentionally kills, injures, or captures one of these animals, they are guilty of an offence. The list of protected animals is regularly amended, depending on population sizes and growth rates.

There are over 90 protected animals in the UK – including aquatic and terrestrial species! We won't go into the details of every single species, but here are a few examples.

Plants and Fungi

Schedule 8 of the Act defines a list of protected plants and fungi. If an individual deliberately picks, uproots or destroys one of these species, they are guilty of an offence.

There are nearly 200 protected plants and fungi in the UK! Again, let's focus on a few examples.

Wildlife and Countryside Act 1981: Bird Nesting Season

Section 1 of the Act provides protection for wild birds, their nests, and their eggs.

The Act states that it is an offence to:

• Damage, or destroy a wild bird's nest

• Damage, or destroy wild bird eggs

• Possess a wild bird or its eggs without permission

• Intentionally kill, injure, or capture any wild bird

• Use traps on wild birds

• Intentionally or recklessly disturb wild birds or their young during a nesting stage

Penalties for disturbing wild birds include an unlimited fine, up to 6 months in prison, or both.

Wildlife and Countryside Act 1981: Hedge Cutting

Under Section 1 of the Act, it's an offence to intentionally damage or destroy a wild bird's nest while it's being built or in use.

That includes using a hedge trimmer when you are aware of a bird's nest in the hedge, as it can cause the nest to be damaged or destroyed. As a result, bird conservation organisations, such as the RSPB, recommend that you don't use hedge trimmers between the months of March and August.

Figure 2 – Bird's nests in hedges may be hard to spot. Source: unsplash.com

Schedule 9 of the Wildlife and Countryside Act

Schedule 9 of the Act lists non-native species that are established in the wild.

The Schedule aims to regulate their further releases because non-native species can threaten existing biodiversity. If a non-native species harms the natural ecosystem, it is classed as an invasive species.

The Act bans the release of any non-native species into the wild.

How do invasive species impact biodiversity?

Predation: invasive species may prey on native species, leading to extinction. This is a particular problem on oceanic islands, home to flightless birds adapted to predator-free conditions.

Competition: invasive species compete with native species for limited resources, leading to population decline.

Disease: invasive species may introduce a novel disease to an ecosystem, possibly causing extinction.

Figure 3 – A common sight in our gardens and parks, the invasive grey squirrel is impacting red squirrel populations. Source: unsplash.com

Altering Habitats: some species can impact the physical environment, changing soil chemistry or the intensity of wildfires.

I hope that this article has summarised the Wildlife and Countryside Act (1981) for you. Remember that it's the primary legislation protecting animals, plants, and habitats in the UK. Areas of focus include wild birds, protected species, and regulation of non-native species.

^{1. Department for Environment, Food & Rural Affairs, Wild plants: sell them legally, 2015}

^{2. Elizabeth Kimber, Invasive non-native species (UK) – Grey squirrel, Inside Ecology, 2017}

^{3. Helen Roberts, The Native Bluebell: Britain’s favourite flower in trouble, University of Bristol Botanical Garden, 2014}

^{4. New Zealand Government, Kakapo, Department of Conservation, 2022}

^{5. RSPB, About Us, 2022}

^{6. UK Government, Anti-social Behaviour Act 2003, 2022}

^{7. UK Government, Wildlife and Countryside Act 1981, 2022}