We are often asked this. I usually give the advice that the offence is
to disturb an active nest, and so if the operator can satisfy themselves
that there are no such active nests being disturbed then the operation
can proceed. The onus is upon the operator to demonstrate that this was
the case, if afterwards they are challenged. Some developers have their
site inspected by a competent person (there's no definition of such a
person) to advise them on the presence or otherwise of nests, and then
work around that.
If there is real doubt the police should be consulted before work
commences. Every force now has a Wildlife Liaison Officer and they would
be the one enforcing this law, so if you get their opinion you can be
pretty confident of what the situation is likely to be.
I am myself organising work last week and this week on scrub and trees,
although there is a risk of nests. The contractors are inspecting and
reporting on nests before working. I would expect to have to stop work
any time in the next week or so. In a normal year I would have stopped
on 1 March but in this weather I get a few weeks grace!
-----Original Message-----
From: Fountain Paul (Environmental Services)
[mailto:paul.fountain@xxxxxxxxxxxxx.gov.uk]
Sent: 20 March 2006 10:11
To: UK Tree Care
Subject: Tree Work and Wildlife
It's that time of year again when work to trees and woodland is affected
by nesting birds etc.
I have read with interest many of the archive notes regarding this
issue, and they re-affirm and extend our knowledge of the legal
situation. However, the question I have is:
If we undertake work to trees in the bird breeding season, in the
knowledge that birds nest in trees are we knowingly acting recklessly?
We have enormous pressure every year to stop work (except for the most
immediate of emergencies) and am interested in responses from others who
are responsible for managing tree stock and their experiences and
rationale for seasonal or all year round approach to maintenance, which
complies with various and at times conflicting legislation.
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