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re - nesting birds


Anno
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On 10/08/2021 at 18:28, Slad said:

No.  I'd sent the photos and a list of what they did.  I guess they sent their excuses.  🙄

Makes you laugh I take it nothing is going to happen then? If it was other way round and shoe was on the other foot you would be in back of police car going to station. And getting a fine To go with it. STINKS if you ask me. You can do whatever you want now days by the looks of things. 

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Yes, we got an email with an apology in it a few days ago, which looked like a grown-up had drafted it for them.  The excuse was basically "we phoned the previous owner who didn't tell us they'd moved but they still gave us permission".   Which I think is complete nonsense.  Then they tried to say that they hadn't climbed the trees, which is a bit odd, given the photo of them carrying climbing kit and the gaff holes which appeared in the trees at the same time.  Basically they are still not telling the truth when all they needed to do was be honest and say they'd made a mistake and we could all move on.

 

So they've been banned from our place for the foreseeable and there is a complaint going through BTO.  Interesting to see if they close ranks or handle it properly.

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On 15/07/2021 at 11:52, Anno said:

PC Phil Mawdsley oversaw this saying: “Bird nesting season generally takes place from March to August, however can fall outside of this period and during this time you shouldn’t cut down trees or trim hedges without checking for the presence of birds and it is an offence under Section 1 of the Wildlife and Countryside Act of 1981 to disturb birds or damage their nests ..."

It's a bit of a side issue & I haven't read all the posts.....but it is not an offence to disturb birds based on the law as stated. The PC might want to read s1 of the act again.

 

para i) makes it an offence to kill, injure or take any wild bird

ii) protects nests in use or while being built

iii) protects eggs

 

Clearly, what happened was an offence but the only element of a seasonal nature is para ii) in that the nest is either being built (unlikely in August, unless my idea of seasonality is wrong) or is in use. If it has live eggs in it, it is being used; young birds, being fed, it is being used......but once the young birds have gone, the nest itself is not protected.....unless someone wishes to argue that some birds might use nests later on in the year. That behaviour might be special to particular species but it is not pointed out in the various guidance notes issued by various parties.

 

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