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Old 22-06-2012, 08:57 PM posted to uk.rec.gardening
[email protected] nmm1@cam.ac.uk is offline
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In article , wrote:
In article ,
Phil Gurr wrote:


Removal of any plant material of endangered or listed species (even if you
are the landowner) is illegal. Removal of any plant material without the
landowners permission is illegal. This includes the picking of bluebells,
primroses and wild daffodils. Seed can usually be collected from council
owned roadside verges but the percentage crop should not be more than 20%.

Stuff and nonsense. Read the Wildlife and Countryside Act 1981.
Bluebells are not in Schedule 8 as far as section 13(1) is
concerned.

Yes, that infamous act stole rights from the public, but it stole
far less than is claimed by the followers of William the *******.
The only thing that is forbidden even by that act for plants not
in schedule 8 is uprooting them - and, while there is no precedent
as far as I know, it is doubtful that taking a rooted offshoot
would count as that. It is CERTAINLY not illegal to pick the
flowers you specify.


Oh, so you're quite happy for me to come onto your proprty and pick your
flowers?


I have news for you. Wild flowers growing on your land are not
your property. Of course, following on from William the *******,
the English establishment has been very keen on claiming rights
they do not have, and depriving others of them. That is morally
theft and YOU are taking sides with the thieves.

"The law doth punish man or woman
That steals the goose from off the common,
But lets the greater felon loose
That steals the common from the goose."


I posted before I intended to. Here is the rest.

Removing or damaging wild flowers, animals etc. has always been
a tort (trespass), not a crime, which means that the landowner
has a right to damages, but no more. In particular, picking
flowers, fruit etc. where it does no harm to anyone is no kind
of offence whatsoever. During the furore over that Act, even
its proponents were keen to state that traditional gathering
(whether it be elderflower, blackberry or whatever) was not
affected.

Also, there always has been a difference in interpretation of
trespass between the 'domestic' land immediately surrounding a
property and such things as farmland. Let alone publicly-owned
land, such as highways (including verges) and Crown land.

Of course, the modern successors of the land reivers, which
regrettably include some so-called conservation charities, do
their level best to spread the lie that the act forbids picking
flowers, and even fruit. Well, it doesn't.


Regards,
Nick Maclaren.