ForestHarvest: non-timber forest products in Scotland

GATHERING

The Wildlife and Countryside Act

Protecting Britain's wildlife

The main statutory implement in Britain governing our interaction with wild plants and animals in Scotland is the Wildlife and Countryside Act (1981). This has been subject to various amendments.

The Act in brief

Plants

You may not uproot plants on other people's land without the owner's permission, although you are legally entitled to 'pick' them. In protected areas you may neither pick nor uproot any plants. The same applies for protected species listed in Schedule 8 of the Act (and subsequent amendments), which must not be picked, uprooted or traded anywhere. This can even include seeds and spores.

Wild birds

It is illegal to kill, injure or destroy the nest of any wild bird. The only exceptions are scheduled quarry birds (outside the closed season) and "pest" species (on your own land or with the landowner's permission, under the terms of a General Licence). In protected areas it it illegal to harm these species also. It is also illegal to trade in wild birds. Certain methods of capturing birds are also prohibited, such as leg-trapping and poisoning. There are exceptions for humane killing etc.

Other animals

It is illegal to kill, injure, take possession of or trade any animal listed in Schedule 5 of the Act. It is also illegal to damage or obstruct any structure or place used by these animals, or intentionally to disturb it. It is illegal to use certain methods of killing (e.g. explosives, live decoys) for any animal, and other methods such as poisoning or lamping are specifically prohibited for animals listed in Schedule 6 of the Act.

The full text

• Nature Conservation (Scotland) Act 2004
• Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004
• Protection of Wild Mammals (Scotland) Act 2002
• The Wildlife and Countryside Act (1981) is available from the Stationery Office Bookshop

Everything prohibited by the Wildlife and Countryside Act 1981 can be made legal by licensing by the proper authority.