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Health, Safety & Environmental Bulletin No 471

                                                     09 July 2015



                                                      Wild Birds



           We  recently  had  an  incident  on  a  site  where  a  wild  bird’s  nest  was  found  inside  an  MID  sign.
           Unfortunately  the  nest  was  only  found  after  the sign had been removed and therefore the only option
           was to move it to a nearby tree.

           It  is  illegal  to  disturb  a  wild  birds  nest  and  can  result  in  a  fine  of  up  to  £5,000  and/or  6  months
           imprisonment,  so if you find one stop and contact your line manager.

           The following is guidance from the RSPB:

           The Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants, and
           certain habitats in the UK.

           Information on the legal protection afforded to wild birds in England, Wales and Scotland in Part 1 of
           the Act is given in these pages. However, we cannot hope to answer all specialist queries or problems
           on the website. For detailed information, it is advisable to consult the Act itself, which is available from
           HMSO – please see the Acts of the UK Parliament link on this page.

           Please  also  note  that  because  of  devolution  there  are  now  some  significant  differences  in  the  law
           between the constituent  countries of the UK.

           Definition of a wild bird

           Under the Wildlife and Countryside Act, a wild bird is defined as any bird of a species that is resident in
           or is a visitor to the European Territory of any member state in a wild state.

           Game birds however are not included in this definition (except for limited parts of the Act). They are
           covered by the Game Acts, which fully protect them during the close season.

           Basic protection

           All birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions (see
           below), to:
                • intentionally kill, injure or take any wild bird
                • intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built
                • intentionally take or destroy the egg of any wild bird
                • have in one's possession or control any wild bird, dead or alive, or any part of a wild bird, which
                 has been taken in contravention of the Act or the Protection of Birds Act 1954
                • have  in  one's  possession  or  control  any  egg  or  part  of  an  egg  which  has  been  taken  in
                 contravention of the Act or the Protection of Birds Act 1954
                • use traps or similar items to kill, injure or take wild birds
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