by Ian Trueman, solicitor
The purpose of this article is to provide a very brief introduction to the law and in particular the Two principal Acts of Parliament of interest to those who visit and enjoy our countryside.
These are the Countryside and Rights of Way Act 2000 (known as CROW) and the Wildlife and Countryside Act 1981 (WCA).
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If the underground portion is harvested then strictly speaking the part of the plant that grows above ground should be left on site and not taken away. By doing this the forager is demonstrating that his or her intention is not to permanently deprive the landowner of the goods. However, they may still leave themselves open to a charge of criminal damage, if permission from the landowner is not first sought. It is also unsightly.
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For further information on the law as regards collecting wild plants in Scotland please see the following site and its relevant links
– at the bottom there are lists of currently protected plants