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 Wildlife and Countryside Act (1981) is the primary legislation protecting animals, plants, and habitats in the UK.
The Wildlife and Countryside Act (1981) will be referred to as the Act throughout this article.
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:
Wildlife – this part includes protected species and measures to prevent the establishment of non-native species
Nature Conservation, Countryside and National Parks – this part focuses on protected areas and their legislation
Public Rights of Way – this part covers footpaths and bridleways
Miscellaneous and General – this part relates to interpretation and application
Seventeen schedules follow the Act.
Schedules are lists or inventories of details attached to another document.
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.
Natural England also assists with land management through grants, projects, and information.
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.
Classification | Marine | Terrestrial |
Amphibians | N/A | Common toad |
Birds | N/A | Swifts |
Fish | Basking shark | N/A |
Invertebrates | Freshwater pearl mussel | High brown fritillary butterfly |
Mammals | Bottle-nosed dolphin | Pine marten |
Reptiles | N/A | Adder |
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.
Classification | Species |
Bryophytes | - Flamingo moss
- Knothole moss
- Liverwort
|
Flowering Plants | - Bluebell
- Ghost orchid
- Spring gentian
|
Fungi | - Oak polypore
- River jelly lichen
- Royal bolete
|
Trees | - Ground pine
- New Forest beech
- Plymouth pear
|
Bryophytes are a taxonomic division of non-vascular plants (without xylem or phloem), including mosses, liverworts, and hornworts.
Wildlife and Countryside Act 1981: Bird Nesting Season
Section 1 of the Act provides protection for wild birds, their nests, and their eggs.
According to the Act, wild birds are defined as any bird of a species who is a resident or visitor of the UK in its wild state.
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
The RSPB (The Royal Society for the Protection of Birds) was established in 1889. Now, they are the largest nature conservation charity in the UK.
So, don't trim your hedge and there's no problem…right? Unfortunately not. High hedge legislation has been incorporated into the Anti-social Behaviour Act of 2003.
A high hedge is defined as a hedge over 2m tall, made of multiple trees or shrubs, and formed from evergreens.
High hedges can affect neighbours – obscuring views and obstructing light. Affected neighbours can take steps to resolve the situation themselves. If necessary, they can contact the local council.
Schedule 9 of the Wildlife and Countryside Act
Schedule 9 of the Act lists non-native species that are established in the wild.
Non-native species are animals or plants that have been introduced by human activity to an area that they do not naturally occur.
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.
With no predatory terrestrial mammals, New Zealand is home to many species of flightless bird, including the kakapo. This nocturnal flightless parrot is thought to be the world's longest-lived bird, with a lifespan of 90 years. Unfortunately, human populations led to invasive mammal species. Cats and stoats prey on the kakapo, and its eggs are eaten by rats. Just 252 kakapo individuals are left alive today.
Competition: invasive species compete with native species for limited resources, leading to population decline.
Water hyacinth was introduced to many parts of the world due to its pretty flowers that grow on the surface of lakes and ponds. But now, it's a fast-growing invasive species. It grows so rapidly that it prevents sunlight from reaching the water below, limiting photosynthesis of native plant and algae.
Disease: invasive species may introduce a novel disease to an ecosystem, possibly causing extinction.
Grey squirrels were first introduced to the UK from North America in 1876. Since their introduction, red squirrel populations have declined significantly. Grey squirrels outcompete their red cousins, but also carry a viral disease called squirrel pox. Caused by the Parapox virus, this disease kills red squirrels but leaves greys unaffected.
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.
Nutria, large rodents native to South America, were brought to the USA. They eat tall grasses and rushes, which are vital to wetland habitats. Without the plants, the soil has rapidly eroded.
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.
Wildlife and Countryside Act 1981 - Key takeaways
- The Wildlife and Countryside Act (1981) is the primary legislation protecting animals, plants, and habitats in the UK. It prohibits actions involving wild animals, protected species, disturbing habitats, and requires proof of intention for an offence.
- Schedules of the Act contain lists of protected species: including plants, animals, terrestrial and marine species. It is an offence to deliberately harm these species. Protection prevents biodiversity loss and extinction.
- Section 1 of the Act provides protection for wild birds, their nests, and their eggs. Bird conservation organisations recommend that people don't use hedge trimmers between March and August, in case there is a nest in the hedge.
- Schedule 9 of the Act lists non-native species that have established in the wild, and aims to regulate their further release. Non-native species can harm the existing ecosystem by predation, competition, carrying disease, and altering habitats.
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
Explanations 
Textbooks 
Exams 
Magazine 
