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Birds and UK law.

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Old Wednesday 8th June 2005, 18:53   #1
javva
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Birds and UK law.

I am a contractor and where I am working they have high mast lighting to light the vast site. I can’t say where or what the company do for legal reasons.

About this time of year these high masts are lowered to facilitate the repair of the lights.

These posts probably have birds nesting in them (rooks, crows whatever).

If so, are any birds nesting therein protected by UK law, and till when would the maintenance on the posts have to be put off?





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Old Wednesday 8th June 2005, 22:10   #2
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Hi
If any of the birds are in schedule 1 of the Wildlife and Countryside Act you would almost certainly be committing an offence.
See earlier posting re gallery rules.
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Old Wednesday 8th June 2005, 22:14   #3
Katy Penland
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Quote:
Originally Posted by Stranger
See earlier posting re gallery rules.
Maybe I'm missing something here, but what do our Gallery rules have to do with his question? Just curious.
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Old Thursday 9th June 2005, 07:34   #4
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Quote:
Originally Posted by javva
I am a contractor and where I am working they have high mast lighting to light the vast site. I can’t say where or what the company do for legal reasons.

About this time of year these high masts are lowered to facilitate the repair of the lights.

These posts probably have birds nesting in them (rooks, crows whatever).

If so, are any birds nesting therein protected by UK law, and till when would the maintenance on the posts have to be put off?
.
This is one of the trickiest areas of the Wildlife & Countryside Act 1981 to apply because rooks and crows are on the General License list. However, the General License list is not a general permission to control these birds (even if it is often used for that purpose) because one feels like it or does not like the birds. The conditions are:

[Note: these are not precise wordings but a rough guide]

To protect agricultural interests (livestock or arable crops).

To protect public health and air safety.

To protect wild bird populations (this bit needs tidying up but that is outside the scope of this discussion).

The contractors could potentially use the second claim as a justification but they would be expected to prove this was that case if challenged by law (indeed, this is true for all three conditions so beware, anyone blasting out a rookery because they do not like the noise). Obviously, this is not a definitive guide or judgement but I hope it helps.

Ian
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Old Thursday 9th June 2005, 17:21   #5
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Quote:
Originally Posted by Ian Peters
This is one of the trickiest areas of the Wildlife & Countryside Act 1981 to apply because rooks and crows are on the General License list. However, the General License list is not a general permission to control these birds (even if it is often used for that purpose) because one feels like it or does not like the birds. The conditions are:

[Note: these are not precise wordings but a rough guide]

To protect agricultural interests (livestock or arable crops).

To protect public health and air safety.

To protect wild bird populations (this bit needs tidying up but that is outside the scope of this discussion).

The contractors could potentially use the second claim as a justification but they would be expected to prove this was that case if challenged by law (indeed, this is true for all three conditions so beware, anyone blasting out a rookery because they do not like the noise). Obviously, this is not a definitive guide or judgement but I hope it helps.

Ian



Thanks Ian,

I must make it clear to all that I have no part in this work but as a bird watcher (though new-ish to the pastime in it’s own right, I must confess) if there is a president that says that birds nesting in the tops of these posts should be left until any young have fledged and left the nest, then I would talk on the site management and ask for the work to be put off for another week or two.

I could approach them now about my concerns for any nests and the birds therein, but I was hoping for some legal ruling I could fall back on in the event of a refusal to compromise.

In the mean time I will have a look for these rules to see what is and isn’t protected.



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Last edited by javva : Thursday 9th June 2005 at 17:25.
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Old Thursday 9th June 2005, 17:28   #6
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They should take steps to find out what species are nesting there - Buzzard, Raven and Peregrine will all nest on pylons in the UK.

Andy.
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Old Thursday 9th June 2005, 17:28   #7
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Quote:
Originally Posted by Katy Penland
Maybe I'm missing something here, but what do our Gallery rules have to do with his question? Just curious.
Similar question asked under the title "gallery rules" in which I directed the asker to the Wildlife & countryside Act.I was just too lazy to repeat it all again.
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Old Thursday 9th June 2005, 17:55   #8
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Gotcha, thanks for the clarification.
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Old Thursday 9th June 2005, 18:08   #9
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Quote:
Originally Posted by Stranger
Similar question asked under the title "gallery rules" in which I directed the asker to the Wildlife & countryside Act.I was just too lazy to repeat it all again.



Sorry Stranger. Didn’t mean to snub you – and your right, I should have looked up the rules. I just know you lot know more about this than me!

Anyway –

The Schedule 2.2 of the Wildlife & Countryside Act 1981

“Birds which may be killed or taken: By authorised persons at all times”
which seems to cover the Rooks and crows likely nesting in the posts.

I may be able to use the part about ‘Authorised people’ as I don’t think that’s going to be likely.



Thanks again all.





javva



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