LEGISLATION
Below are listed some of the more commonly encountered heathland offences:
CRIMINAL DAMAGE
(Section 1&1(3) Criminal Damage Act 1971)
‘A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property
or being reckless as to whether any such property would be destroyed or damaged’ shall be guilty of an offence.
Under the same Act, ‘any destroying or damaging property by fire, will constitute the offence of Arson’.
For the purposes of this Act the term,‘property belonging to another’ means; ‘having custody or control of it, having a proprietary right or
interest or having charge of it, property belonging to a Trust or Corporation’.
The term ‘reckless’ is variable but can be inferred by circumstances or admission.
This is an arrestable offence to which the conditions of the Police & Criminal Evidence Act 1984 (PACE) apply.
A person found guilty of an offence where the value of damage is below £5000 could be subject to 3 months imprisonment and/or a fine of £2500
THIS ACT CAN BE APPLIED TO HEATHLANDS
DRIVING A VEHICLE ON A PUBLIC RIGHT OF WAY
(Section 34 Road Traffic Act 1988)
‘A person who without lawful authority drives a mechanically propelled vehicle, on to or upon any common land, moorland or land of any other
description, not being land forming part of a road, or on a road being a footpath or bridleway or restricted byway’ shall be guilty of an offence.
For the purposes of this Act the term ‘mechanically propelled vehicle’ means generally, a vehicle ‘intended or adapted for use on a road’.
This WILL INCLUDE ‘scramble bikes’ mopeds and more recently ‘Go-Peds’.
The term ‘common land’ is defined as ‘land subject to rights of common’
The term ‘bridleway’ is defined as ‘a way to which the public have a right of way on foot, on horseback or leading a horse’.
The term ‘footpath’ is defined as ‘a highway to which the public have access on foot only’.
This offence is ‘non-arrestable’ however Sec.25 PACE, General Arrest Conditions apply.
A person found guilty of this offence could receive a fine of £1000 at Magistrates Court although it is more usually dealt with by way of
Fixed Penalty Notice.
N.B. Consider also, offence of ‘No Insurance’ & ‘Cause, Permit’
UNAUTHORISED/HARMFUL DISPOSAL OF WASTE
(FLY TIPPING) (Section 33 Environmental Protection Act 1990)
‘A person who deposits a controlled waste, or knowingly causes or permits it to be deposited in or on any land without a waste management
licence and in accordance
with the licence’ shall be guilty of an offence.
For the purposes of this act the term ‘controlled waste’ is defined as ‘household, industrial and commercial’ and includes ‘any substance
which constitutes a scrap material, effluent or surplus substance or any substance or article being broken, worn out, contaminated or otherwise
spoiled’.
This would obviously include, vehicles, vegetation from ‘tree lopping’, kitchen appliances, and household furniture.
This offence is ‘non-arrestable’ however Sec.25 PACE, General Arrest Conditions apply.
A person found guilty of this offence could receive 6 months imprisonment and/or a fine of £20,000
COUNTRYSIDE & RIGHTS OF WAY (CROW) Act 2000
The ‘CROW’ Act 2000 strengthens current wildlife law giving greater protection to Sites of Special Scientific Interest (SSSIs) and better
management of Areas of Outstanding Natural Beauty (AONBs).
The CROW Act gives the public a new right of access on foot to mountain, moor, heath, down and registered common land. The law is being
introduced on a regional basis, and the rights came into effect for southern central England on December 14 th, 2004.
The right of access includes activities such as walking, bird watching, picnicking and climbing. Areas of new access land are shown as yellow on
the newest edition of OS maps and can also be viewed on the Countryside Agency website. Many sites will have local signboards at main access
points containing a map of the access land.
Responsible use of the access land is encouraged.
 Dogs must be kept on short leads (max. 2m) between 1st March and 31st July to protect nesting birds.( We advise this should be from
February to August on heathland)
 Dogs must also be kept on a short lead in the vicinity of livestock.
 Landowners have a right to exclude the public from CROW access land for 28 days per calendar year.
 Owners can also restrict people with dogs from grouse moors and lambing enclosures.
 The right does not apply to ‘excepted land’. Examples of reasons why land is excepted are if it is cultivated, covered by buildings or subject
to military by-laws.
People may NOT:
 Leave litter, camp, or light fires;
 Hunt, fish or collect anything from the area;
 Bathe in lakes or non-tidal rivers, or use boats;
 Ride a horse, bicycle or drive a vehicle (unless on a bridleway or byway);
 Take part in organised games or commercial activities.
However, the right of access does not prevent people carrying out activities if they already take place with the permission of the landowner of if
they are covered by other legislation.
There are now NEW POWERS OF ARREST under; Sec 24(2) PACE.
The Open Access Rights of this Act allows recreation on foot only off of paths. This activity contravenes the above in the case of heathlands and
other wildlife legislation such as below
DISTURBING WILD ANIMALS
(Sec 9(4) (a) & 9(4) (b) Wildlife & Countryside Act 1981)
‘A person who intentionally or recklessly damages, destroys or obstructs access to any structure or place which any animal on
Schedule 5 uses for shelter or protection’ shall be guilty of an offence.
‘A person who intentionally or recklessly disturbs any wild animal listed on schedule 5 whilst it is occupying a structure or place it
uses for shelter or protection’ shall be guilty of an offence.
Prior to the CROW Act, both of the above offences related to ‘intentional’ damage or disturbance only. Now however, the term ‘reckless’ also
applies.
THIS OFFENCE IS ARRESTABLE
Animals subject of the above offence, will include: Sand Lizards, Smooth Snakes, Adders and some Newts.
Obviously, a person setting a fire on heathland or using a ‘scramble bike’ could be guilty of this offence.
Statements would be required from the agency with responsibility for the area concerned to prove that damage or disturbance had occurred.
DISTURBING WILD BIRDS
(Sec 1(5) Wildlife & Countryside Act 1981)
‘A person who intentionally or recklessly disturbs a bird listed in Schedule 1 whilst it is building a nest, is in a nest or near a nest
containing young or eggs or disturbs the dependant young of such a bird’ shall be guilty of an offence.
The CROW Act 2000 has now included the term ‘reckless’ in the above offence. This has in the main been designed to deter over zealous bird
watchers and photographers who in the past got too close, and others including egg collectors who used bird watching as a defence. It will be for
the defence to prove that the actions were not ‘reckless’. Birds listed on Schedule 1 include: Dartford Warbler, Woodlark, Hobby and Barn Owl.
A person therefore, setting a fire on heathland, using a ‘scramble bike’ or even having no control over their dog, could be guilty of this offence.
The main defence under this Act is where ‘The disturbance was an incidental result of a lawful operation’. This would therefore include such
activities as fire fighting, but has also been abused by building companies, suggesting that road building and installing services etc. was a ‘lawful
operation’
THIS OFFENCE IS ARRESTABLE (Sec 24(1) PACE
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