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Commentary

178 Wild plants

AGRICULTURE vol 2(2)
AGRICULTURE vol 2(2) | Commentary

178 Wild plants

AGRICULTURE vol 2(2) | Commentary

178 Wild plants

It is an offence for any person to intentionally pick, uproot or destroy any wild plant listed in the Wildlife and Countryside Act 1981 Schedule 81 and for any person, other than an authorised person, to intentionally uproot (but not to pick) any plant not listed in Schedule 82. As with birds and animals, the Act then provides a number of defences, inter alia:

  1. 178.1

        that the otherwise unlawful act was the incidental result of a lawful operation and could not reasonably have been avoided3; and

  2. 178.2

        that the person has

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