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Trespass on SSSI sites
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Sanctuary
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Re: Trespass on SSSI sites
Sep 01, 2012, 22:04
tjj wrote:
Oh! The Silbury thread has been locked - I thought the discussion was productive. I had something to add about 'trespass' so I'll just add it here as a little addendum (as Silbury is a SSSI).

Criminal Trespass
People who cause damage while trespassing may, in the process, commit a criminal offence
(e.g. of criminal damage of property under the Criminal Damage Act 1971) but trespass is per se not normally a criminal offence. Trespass is a criminal offence in some cases, for example on railway land or where military byelaws are in force.
Another example of criminal trespass is where land has been notified as a Site of Special Scientific Interest; a trespasser may, in the process of trespassing, commit a criminal offence under Section 28P of the Wildlife and Countryside Act 1981, if they (without reasonable
excuse):
- intentionally or recklessly destroy or damage any flora or fauna or geological or physiographical features by reason of which the land is of special interest;
- intentionally or recklessly disturb fauna; and they knew what they had destroyed, damaged or disturbed was within a SSSI. Indeed, any person, whether a trespasser or not, who intentionally causes the damage noted above is also likely to be committing a criminal offence.


You beat me to it June as I was about to post the full trespass law when the topic was locked.
The only problem I see with it if it reached the courts is that the accused would cite all the film crews and commercial enterprises that also climb the hill causing damage along the way but are welcomed with open arms when the wallets come out!
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