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| Fungi |
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| Fungi and the Law |
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| There are two main laws which may protect
fungi: |
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The Theft Act 1968 which applies only
in England and Wales |
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The Wildlife and Countryside Act 1981,
and similar laws in Northern Ireland and Scotland |
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| Under the Theft Act it is an offence
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to dig up and take any plant, tree or shrub or
any soil, peat, gravel etc which is part of the land, being
the property of somebody. Digging up fungi could constitute
theft unless you have permission. |
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to take the property of somebody and sell it
for gain. the Act recognises the custom of taking wild fruit
and flowers, including fungi, and permits such action so long
as there is no personal financial gain. Collecting fungi for
sale without the landowner's permission may be an offence. |
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| Under the Wildlife and Countryside Act,
1981 it is an offence |
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to pick, uproot, destroy or sell, and/or collect
and cut any plant listed on Schedule 8 of the Act (protected
species) which includes some species of fungi |
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to uproot any wild plant, unless the person is
authorised. As "plants" include fungi and lichens on Schedule
8, it is clear that fungi are treated as plants for the purpose
of this Act. To pick fungi without uprooting them is probably
legal, but see the Theft Act outline above. |
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Areas of land which are Sites of Special Scientific
Interest and National Nature Reserves under the Act have special
protection which will have been made known to the landowner
or occupier. This may restrict the collection of fungi. |
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| There may also be local Byelaws
on Local Nature reserves, property belonging to the National Trust,
Forestry Commission or Local Authorities, under which it is an offence
to pick fungi and plants. |
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| It is always worthwhile checking with
landowners and managers whether these laws apply to their land and
to ask their permission to enter their land, particularly if you want
to collect fungi. |
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