Picking Wildflowers

[wildone]

Quote Originally Posted by Pat
Does anybody know if there are any laws regarding the picking of wild flowers?Endquote

To which I answered
Pat, all species of wildflower are covered by law. It is illegal to uproot any wildflower unless with the permission of the land owner. Some you may not pick but I think you can take the seed - not sure on this. But the rare species may not be picked or the seeds taken or uprooted even if the land owner says you can. Both would be committing an offence. I have seen a list but cannot remember where. Maybe another member can help further.

Can Phil Briggs the Wildlife Crime Officer or anybody else say where the law is on Wildflowers and whether my reply was accurate, please.

[glsammy]

Originally Posted by wildone

Quote Originally Posted by Pat
Does anybody know if there are any laws regarding the picking of wild flowers?Endquote

To which I answered
Pat, all species of wildflower are covered by law. It is illegal to uproot any wildflower unless with the permission of the land owner. Some you may not pick but I think you can take the seed - not sure on this. But the rare species may not be picked or the seeds taken or uprooted even if the land owner says you can. Both would be committing an offence. I have seen a list but cannot remember where. Maybe another member can help further.

Can Phil Briggs the Wildlife Crime Officer or anybody else say where the law is on Wildflowers and whether my reply was accurate, please.

I've just found this link www.bsbi.org.uk/Code_of_Conduct.htm which covers just about everything connected with wild flowers and the law.

[glsammy]

Originally Posted by glsammy

I've just found this link www.bsbi.org.uk/Code_of_Conduct.htm which covers just about everything connected with wild flowers and the law.

The main parts are:

Wild plants and the law

All wild plants are given some protection under the laws of the United Kingdom and the Republic of Ireland. This document summarises the relevant legislation in the UK, but does not attempt to cover that of the Republic of Ireland. The Isle of Man and the Channel Islands are not covered by UK law.

Under the Wildlife and Countryside Act, 1981, which covers Britain, it is illegal to uproot any wild plant without permission from the landowner or occupier. Uproot is defined as to ‘dig up or otherwise remove the plant from the land on which it is growing’, whether or not it actually has roots; and, for the purposes of the legislation, the term ‘plant’ includes algae, lichens and fungi as well the true plants – mosses, liverworts and vascular plants. Similar general protection is given to all plants in Northern Ireland, under the Wildlife (Northern Ireland) Order, 1985.

Even plants growing wild are the legal property of somebody, and under the Theft Act, 1968, it is an offence to uproot plants for commercial purposes without authorisation.

Specially protected plants

Both the Wildlife and Countryside Act and the Wildlife (Northern Ireland) order contain a list (Schedule 8) of endangered plants, which are protected against intentional picking, uprooting and destruction (unless a licence is obtained from the relevant authority, or the damage is a result of a lawful activity and could not reasonably have been avoided). These plants are also protected against sale. In addition, there are two species (Bluebell in Britain and Primrose in Northern Ireland) which are listed for protection only against sale. Schedule 8 of the Wildlife and Countryside Act is revised every five years. Current lists of the species afforded special protection in Britain and in Northern Ireland are given below.



Hope that helps.

I'm definitely going to bed now!

[wildone]

Thank you glsammy. It should hopefully make people think before picking and removing plant material.

[preshawpete]

Originally Posted by glsammy

The main parts are:

Wild plants and the law

All wild plants are given some protection under the laws of the United Kingdom and the Republic of Ireland. This document summarises the relevant legislation in the UK, but does not attempt to cover that of the Republic of Ireland. The Isle of Man and the Channel Islands are not covered by UK law.

Under the Wildlife and Countryside Act, 1981, which covers Britain, it is illegal to uproot any wild plant without permission from the landowner or occupier. Uproot is defined as to ‘dig up or otherwise remove the plant from the land on which it is growing’, whether or not it actually has roots; and, for the purposes of the legislation, the term ‘plant’ includes algae, lichens and fungi as well the true plants – mosses, liverworts and vascular plants. Similar general protection is given to all plants in Northern Ireland, under the Wildlife (Northern Ireland) Order, 1985.

Even plants growing wild are the legal property of somebody, and under the Theft Act, 1968, it is an offence to uproot plants for commercial purposes without authorisation.

Specially protected plants

Both the Wildlife and Countryside Act and the Wildlife (Northern Ireland) order contain a list (Schedule 8) of endangered plants, which are protected against intentional picking, uprooting and destruction (unless a licence is obtained from the relevant authority, or the damage is a result of a lawful activity and could not reasonably have been avoided). These plants are also protected against sale. In addition, there are two species (Bluebell in Britain and Primrose in Northern Ireland) which are listed for protection only against sale. Schedule 8 of the Wildlife and Countryside Act is revised every five years. Current lists of the species afforded special protection in Britain and in Northern Ireland are given below.



Hope that helps.

I'm definitely going to bed now!

Hello Again

There was no list at the bottom of the page and the URL given above didn't work for me.

My question is: "Is it legal to transplant some bluebells from one place (a wood full of millions) to another (surrounds of a dew pond we're resurrecting) with owner's permission?

[FungiJohn]

Originally Posted by preshawpete

Hello Again

There was no list at the bottom of the page and the URL given above didn't work for me.

My question is: "Is it legal to transplant some bluebells from one place (a wood full of millions) to another (surrounds of a dew pond we're resurrecting) with owner's permission?

Put simply, No. It is not legal unless a licence has been granted by the Government.

This is in addition to ... Collection of any wildflower is also illegal without the landowner's permission.

John

[preshawpete]

John

Are you saying that as a farmer I cannot transplant bluebells from one part of my land where there are millions into another adjacent part where we are restoring an ancient dew pond (where I'm sure there used to be bluebells as it's identical microenvironment)?

[Tormentil]

Originally Posted by FungiJohn

Put simply, No. It is not legal unless a licence has been granted by the Government.


John

Isn't that only for those plants listed on Schedule 8 ?

If Bluebells are not on the list, usually Preshawpete can move some, since he can give himself permission, being the land owner.