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Treacodactyl
Downsizer Moderator
Joined: 28 Oct 2004
Posts: 23946
Location: Jumping on the bandwagon of opportunism
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 Posted: Thu Dec 15, 11 1:43 pm Post subject: |
 
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| Cathryn wrote: |
There's not much wild in this country anyway. That's another judgement call isn't it. I'll stop being difficult now.  |
That's my thinking, there's hardly anywhere that's not been changed by us in this country. However, I expect there is an official definition of 'wild' that I should at least be aware of but I've not found out. |
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Marches
Joined: 13 Dec 2011
Posts: 171
Location: Nr Peak District, England
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| Posted: Sat Dec 17, 11 12:22 pm Post subject: |
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| Quote: |
Depends on whether you believe in the Judeo/Christian/Victorian ethic that the earth was created for man or not.
Many species that we now consider native have been introduced.
Rabbit, pheasant, sycamore, alexanders.
I'm sure centuries down the line we (if we still exist as a species) will look upon Budleja, Rhododendron, Indian Balsam & Japanese knotweed in the same light. |
*Naturalised - may as well be native.
| Treacodactyl wrote: |
| It's something I've tried to look into a fair bit as with many of the plants I'm interested in growing come from overseas. Some are even on government lists that make it an offence to allow them to escape into the wild, such as the common rosa rogusa. However, I've not been able to track down what it means to allow them to escape into the wild and as some of the plants are so wide spread is it even worth worrying about. |
Most garden plants aren't listed since most won't escape cultivation.
| Quote: |
| There's not much wild in this country anyway. |
Almost everywhere is farmed or used in some way, but farming mimics smaller habitats which were already here anyway.
Dairy pastures - clearings in woods and meadows
Arable - tall grasslands (to a limited extent)
Hill farms - rough grasslands and moorland (some moorland is natural)
Coppiced woodland - woodland inhabited by beavers (which we drove extinct) |
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Treacodactyl
Downsizer Moderator
Joined: 28 Oct 2004
Posts: 23946
Location: Jumping on the bandwagon of opportunism
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| Posted: Sat Dec 17, 11 1:57 pm Post subject: |
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| Marches wrote: |
| Most garden plants aren't listed since most won't escape cultivation. |
There's quite a few common plants on the list added to Schedule 9 to the Wildlife and Countryside Act: http://www.legislation.gov.uk/uksi/2010/609/made
Such as the Yellow Azalea, Cotoneaster, Virginia Creeper, Montbretia and another I wanted to plant in my woodland the three cornered leek.
It states "This Order, which extends to England and Wales, varies Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69), which lists animals which may not be released or allowed to escape into the wild and plants which may not be planted or otherwise caused to grow in the wild.
I assume by wild they mean anything that isn't a garden, so anything like farmland and woodland no matter how intensively managed, otherwise the act would be meaningless. |
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Treacodactyl
Downsizer Moderator
Joined: 28 Oct 2004
Posts: 23946
Location: Jumping on the bandwagon of opportunism
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| Posted: Sat Dec 17, 11 2:09 pm Post subject: |
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I've just found the DEFRA guidance on what is meant by 'the wild'. I'm posting it here so I don't forget.
From: http://archive.defra.gov.uk/wildlife-pets/wildlife/management/non-native/documents/section-14-guidance.pdf
| Quote: |
4.
A key premise for the prohibitions within section 14 is that it is only introductions into ‘the wild’ that are regulated. In principle, we would define ‘the wild’ as being:
“The diverse range of natural and semi-natural habitats and their associated wild native flora and fauna in the rural and urban environments in general. This can also be broadly described as the general open environment.”
5.
However, whether an introduction (release or escape) is into ‘the wild’ may well be dependent on the ecology of the species in question and the potentially affected environment: as such, what constitutes the wild must be judged on a case-by-case basis.
6.
For the offence to be committed, a release or allowing to escape into the wild or planting or causing to grow in the wild must occur. Therefore, to understand the application of section 14, one must also understand the offence in its entirety. These issues are considered in detail below. |
| Quote: |
Planting in the wild
21.
The legislation aims to prevent the planting of Schedule 9 listed plant material in the wild where it then poses a threat to our native biodiversity and ecosystems. Our views on the meaning of ‘the wild’ have been discussed above. We consider that planting in the wild would constitute intentionally placing viable plant material in or on suitable medium so that it can grow. This can include, for example, whole plants, seeds, rhizomes, bulbs, corms and cuttings.
22.
Although it is impractical to attempt to describe all possible circumstances, we would not consider planting on managed land, where it is expected that the spread of the plant will be kept under control, and where the plant is not having an appreciable adverse impact on habitats and their native biodiversity, as planting in the wild. It would follow that planting in private gardens would not be considered planting in the wild and, in general, this is also likely to apply to larger scale gardens, estates and amenity planting. Conversely, where the plant is inadequately managed or contained and is likely to have an adverse effect on habitats and their native biodiversity, it is more likely that the offence will have been committed. Therefore, whether or not planting is an offence should be judged on a case-by-case basis, taking into account the potential impacts on habitats and native flora and fauna of planting the species in question, and the existence or extent of management practices employed. Again it is worth noting that the legislation provides a defence if the accused can prove that all reasonable steps have been taken, and all due diligence has been exercised, in order to avoid committing the offence.
Causing to grow in the wild
23.
Section 14 does not impose an explicit obligation to manage Schedule 9 species not introduced onto your land by your own actions. However, the law is not entirely clear as to the full scope of the phrase “causes to grow”. See for example case law on cases involving the offence in section 85(1) of the Water Resources Act 1991 (offence of ‘causing’ or ‘knowingly permitting’ polluting matter to enter controlled waters). Based on certain indications in that case law, it may be possible to argue that a landowner who knowingly allows a Schedule 9 species that he did not introduce, to accumulate on his land and create a problem as it spreads to other areas of the wild, and who makes a conscious decision to do nothing about it, is ‘causing it to grow’. However, this interpretation has not been tested, and whether the offence could apply in these circumstances would have to be established in the courts. The Department is therefore unable to offer a firm view on circumstances of that nature. The requirements of the defence in section 14(3) of the Act should be borne in mind.
24.
We would expect that where plants listed in Schedule 9 are grown in private gardens, larger scale gardens, estates and amenity areas etc, reasonable measures will be taken to confine them to the cultivated area so as to prevent their spreading to the wider environment and beyond the landowner’s control. It is our view that any failure to do so, which in turn results in the plant spreading to the wild, could be considered as ‘causing to grow in the wild’ and as such would constitute an offence. If the person responsible for the presence of a species in this way does not have sufficient ability or the resources to manage it so as to prevent its spreading to the wild, thereby exposing him or herself to the risk of committing an offence, he/she should seriously consider whether planting a Schedule 9 species is appropriate.
25.
Negligent or reckless behaviour, such as inappropriate disposal of garden waste, where this results in a Schedule 9 species becoming established in the wild would constitute an offence. |
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Sally Too
Joined: 14 Sep 2006
Posts: 2307
Location: N.Ireland
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| Posted: Sat Dec 17, 11 2:29 pm Post subject: |
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Oh dear.... I've put a few seeds and corms around my pond that we dug in the field... Guess the corms could be dug up easy enough... Hmmmm Better see what NI lot say.  |
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Sally Too
Joined: 14 Sep 2006
Posts: 2307
Location: N.Ireland
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| Posted: Sat Dec 17, 11 2:43 pm Post subject: |
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Can't find much:
However here - http://jncc.defra.gov.uk/page-3175
There is a link to Wildlife (Northern Ireland) Order 1985
Which lists only these species:
Hogweed, Giant Heracleum mantegazzianum
Kelp, Giant Macrocystis pyrifera
Knotweed Reynoutria sachalinensis
Knotweed, Japanese Reynoutria japonica
Pirri–pirri Bur Acaena (all species)
Seaweed, Japanese Sargassum muticum
Spartina or Cord–grass Spartina (all species)
Humm - seems less specific than what's above.
Must be something more I've missed. |
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Tavascarow
Joined: 06 Aug 2006
Posts: 6265
Location: South Cornwall
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| Posted: Sat Dec 17, 11 3:51 pm Post subject: |
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| Treacodactyl wrote: |
| Marches wrote: |
| Most garden plants aren't listed since most won't escape cultivation. |
There's quite a few common plants on the list added to Schedule 9 to the Wildlife and Countryside Act: http://www.legislation.gov.uk/uksi/2010/609/made
Such as the Yellow Azalea, Cotoneaster, Virginia Creeper, Montbretia and another I wanted to plant in my woodland the three cornered leek.
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Montbretia or Crocosmia grows wild here & to be honest IMHO it's one of those plants that sets Cornwall apart from the rest of the country & consequently I like it.
A bit like the hardy fuchsia you see growing a lot in Southern Ireland.
Are you saying three cornered leek is a schedule 9 plant?
Huge patch of it on the road verge here I assumed it was native.. |
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