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The Conservation (Natural Habitats, &c.) Regulations 1994

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These regulations legislate for the protection of all wild plants which are European protected species. In the context of NWFP, these regulations cover the act of picking but also commercial sale.

Parts of regulations of direct relevance to NWFP:

Part III Protection of Species

Protection of wild plants of European protected species

43.(1) It is an offence deliberately to pick, collect, cut, uproot or destroy a wild plant of a European protected species.

(2) It is an offence to keep, transport, sell or exchange, or offer for sale or exchange, any live or dead wild plant of a European protected species, or any part of, or anything derived from, such a plant.

(3) Paragraphs (1) and (2) apply to all stages of the biological cycle of the plants to which they apply.

(4) A person shall not be guilty of an offence under paragraph (1), by reason of any act made unlawful by that paragraph if he shows that the act was an incidental result of a lawful operation and could not reasonably have been avoided.

(5) A person shall not be guilty of an offence under paragraph (2) if he shows that the plant or other thing in question had been lawfully sold (whether to him or any other person).

For this purpose 'lawfully' means without any contravention of these Regulations or Part I of the Wildlife and Countryside Act 1981.

(6) In any proceedings for an offence under this regulation, the plant in question shall be presumed to have been a wild plant unless the contrary is shown.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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Full reference
The Conservation (Natural Habitats, &c.) Regulations 1994

Related to

The Conservation of Habitats and Species Regulations 2010 (2010)

Year 1994
Policy area Forestry
Affected activity Harvesting/Production
Affected actors Picker/harvester/hunter
Products Game, Nuts, Berries, Bark/cork, Mushrooms/truffles
Subject NWFP, Nature conservation, Forests, Access
Promoter/initiator Public
Zone North West Europe
Countries United Kingdom
Regions (NUTS 2) West Wales and The Valleys
Focus on NWFP
Document category
Instrument type Regulatory
Legal status Binding
Geographical scope National
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