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tpo-nesting birds


simonm
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wait until they have fledged.....tpo or not.....not only is it against the law to disturb them it is also ethically and morally wrong:thumbdown:

 

 

misread your post.....if the tree is deemed to be dangerous to people or property im sure that would take priority.:blushing:

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Another route is to request a RSPB officer to visit in the presence of the TO and let them make the call - liability for you averted.

 

However, if there is imminent danger to life or property the birds do not have priority irrespective of the Wildlife and Countryside Act and you would not be prosecuted assuming you have the witnesses as I describe above or other suitable evidence e.g. photographs etc.

 

You will have executed the actions of what is considered a 'reasonable person' in terms of the law and hence would be protected from wrongdoing.

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if a consent has been granted to dismantle a dangerous tpod tree but has nesting birds in it what do you do?

 

What is dangerous :confused1:

 

You must take clear records of the risk posed and consult with Natural England. They are likely to tell you that you will bear the risk as there is no exemption within the legislation for the felling of dangerous trees with nesting birds :001_huh:

 

Can the risk be reduced with minimum disturbance i.e. use MEWP reduce some weight here and there? This is still disturbance but less so than felling!

 

The vermin species licence is NOT appropriate in this case.

 

If you feel you must. Remove the nest with young eggs/young safely, recording your actions, why, and take to a rescue centre. All at your own risk as the legislation does not permit it! What is only reasonable in the circumstances!

 

Tony

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Bangem thew the chipper!!! Tweet tweet

 

You will get me in trouble , but human life comes before a bird or any other animal . In the case of any emergency tree work situation if the animal / biird can not be humanly protected or preserved then quick humane dispatch is in order , but if at all possible your local animal rescue center should be your first call, better still go one further, visit you local RSPCA introduce your self , today, incorporate them into your risk assessments as a standard procedure and it will help when or if you should ever need them in the future, for me they have helped me out on a number of occasions, and the only cost , not a fine, is a continues annual donation.

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