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Fungus Conservation Trust Formerly The Association of British Fungus Groups • View topic - Opening a new debate
Page 2 of 4

Re: Opening a new debate

PostPosted: Sat May 01, 2010 12:56 pm
by GeoffDann

Re: Opening a new debate

PostPosted: Sat May 01, 2010 1:38 pm
by Leif Goodwin
There is some interesting information here:

http://handbooks.btcv.org.uk/handbooks/ ... ction/3712

From the above: "Under common law it is not normally an offence to pick fruit, foliage, fungi or flowers, which are growing wild, if they are for personal use and not for resale, and providing that none are specifically protected. Thus seasonal gathering of blackberries, mushrooms or holly is normally permissible, provided this is from a right of way or other public place, and that there are no bylaws prohibiting it. "

Clearly picking fungi (or plants) on an SSSI is a criminal offence, and doing so on private land without permission would I assume also be a criminal offence. I recall that some years back I would often see vans belonging to the New Forest Mushroom Company, but I have not seen one for years. I think the commercial picking in the New Forest was stamped down on, although I have been on one occasion when an area had obviously been hoovered clean. One point worth mentioning is that we have much less woodland than countries such as Russia where mushroom picking is a national pastime.

Re: Opening a new debate

PostPosted: Sat May 01, 2010 2:28 pm
by Neil

Re: Opening a new debate

PostPosted: Sat May 01, 2010 2:42 pm
by GeoffDann

Re: Opening a new debate

PostPosted: Sat May 01, 2010 2:44 pm
by GeoffDann

Re: Opening a new debate

PostPosted: Sat May 01, 2010 5:02 pm
by admin
National Trust property in the UK is regulated by the National Trust bylaws. The NT regulates the use of its land (which is private property just like your front garden or mine), and the authority for this comes from the National Trust Act 1971, section 24.

Under Act the following clause is relevant: "No unauthorised person shall dig up or remove, cut, fell, pluck or injure any flowers, plants, fungi, moss, ferns, shrubs, trees or other vegetation growing on Trust Property or remove any seeds thereof or injure any grass or climb any tree."

SSSIs are further regulated, in England, by Natural England and 'damage' to living material on these sites is illegal without specific permission.

In 2007 application was made on behalf of River Cottage, in John Wright's own words, "to take some people to Lambert's Castle on a fungus foray." The application appears not to have referred to foraging, the large volume of paying clients involved, the commercial nature of the venture, or the fact that it was to repeated on several occasions through the autumn of 2007.

Application for a fungus foray can reasonably be expected to have created a different impression to that given on the River Cottage website promotion that: 'the day begins with a forage' and that the course is: 'all about gathering and cooking wild mushrooms. We will be targeting the delicious edible varieties offered up for free'. The turn of phrase 'beautiful West Dorset/East Devon countryside' in the advertising reflects the fact that Lambert's Castle sits on the Devon/Dorset border, and the SSSI includes sections of the property under the jurisdiction of both Dorset and Devon authorities.

MJ

Re: Opening a new debate

PostPosted: Sat May 01, 2010 5:07 pm
by Leif Goodwin
Deleted as this was covered by Michael who posted at the same time as me.

Re: Opening a new debate

PostPosted: Sat May 01, 2010 5:09 pm
by Leif Goodwin
I see Michael posted just before me. From his post, even if a public footpath crosses an SSSI, you do not have the right to pick fungi and plants along the path. I presume the laws concerning SSSIs and other protected areas override common law.

Re: Opening a new debate

PostPosted: Sat May 01, 2010 5:12 pm
by Leif Goodwin

Re: Opening a new debate

PostPosted: Sat May 01, 2010 9:48 pm
by Neil