| Re: Trees cut where birds are nesting
techincally the WCA 1981 has now been supersceded by the countryside and rights of way act (CROW) 2000 , but it says much the same thing - in fact it added an offence of causing disturbance negligently as well as recklessly or intentionally.
It is bad practice to do tree work during the nesting season , and most companies dont - however if work is required urgently for H&S reasons it can be done legally as numerous case law has established that H&S legislation takes precedence over other laws where the two conflict.
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