What can we expect if we find ourselves in breach of the Wildlife and Countryside Act 1981?

Breaching wildlife legislation can result in prosecution, fines, and reputational damage.

HA Trees And Countryside Or Wildlife 14
HA Trees And Countryside Or Wildlife 14

What can we expect if we find ourselves in breach of the Wildlife and Countryside Act 1981?

Breaching wildlife legislation can result in prosecution, fines, and reputational damage.

Magistrates’ Courts operate a tiered fines system dependent on the seriousness of the offence. This could be up to £5000 or for the most serious offences an unlimited amount. Other alternative punishments issued by Magistrates’ Courts include a community sentence like unpaid work in the community or up to 6 months in prison (or up to 12 months in total for more than one offence). However a Crown Court could issue an unlimited fine and/or up to two years’ imprisonment.


Of course there are exceptions for safety:

  • An authorised person (i.e. someone who has the written consent or the owner or occupier), may fell or prune a dangerous tree in order to preserve public health and safety.
  • If Schedule 1(3) birds would be affected, then a licence from DEFRA is required. Similarly, a licence is also required for tree work deemed necessary for reasons other than health and safety.

Understanding responsibilities helps avoid costly mistakes.

Possible consequences

  • Criminal prosecution
  • Unlimited fines
  • Court costs
  • Project delays

How breaches commonly occur

  • Disturbing nesting birds
  • Damaging bat roosts
  • Failing to assess sites properly

Reducing risk

  • Plan work carefully
  • Train staff
  • Use competent professionals
  • Seek advice when unsure

Next steps