From Zilla Brown
Speaking of the condition of railway bankings (See Network Rail Devastation thread) it's good that the spring growth has finally come out to cover all the plastic waste. I am appalled at the condition of certain parts of the railway seen when travelling to Huddersfield. The Deighton area is festooned with plastic, even in the trees.
Going to Dewsbury on the new line is a revelation too. There is a waste company at the side of the track a couple of moments before arrival at the station and the vegetation on the banking is choking with plastic. Does anyone have responsibility for cleaning up?
From Tim B
All birds, their nests and eggs, are protected by law and it is therefore an offence , with certain exceptions, to;
A wild bird is defined as "any bird of a kind which is resident in or a visitor to Great Britain in a wild state. (Game birds are not included in this definition. They are covered by the Game Acts, which gives them full protection during the close season).
It would be an intentional act if, for example someone continued to remove vegetation after they discover, or are told that birds are nesting there. The discovery of a nest during the process of work will also prohibit further cutting work within an area or buffer zone around the nest.
It used to be the case that an act could be considered not to constitute an offence if it was an incidental result of an otherwise lawful operation and could not have reasonably been avoided; however, the "incidental result defence" as it was known, was removed as a result of an amendment to the Act in August 2007.
The only reasons I can think of where disturbance or destruction of birds or nests would be acceptable is if it was necessary as a matter of public health and/or safety. (this is maybe what the rail firm would argue but I don't know if this has been tested in court) Also, similar allowances are made where the bird involved is listed as a pest species. (Crows, Magpies, etc.)