I THINK Lizzi Walton (letters July 6) may be confusing the law as it applies to gardeners and to farmers.

The Wildlife and Countryside Act does not impose restrictions on hedge cutting but does make it an offence to knowingly damage nesting birds.

So if I see nesting birds in a hedge and cut it anyway resulting in the destruction of the nest my offence is one of nest destruction, not hedge cutting.

Similarly it is quite legal to have a garden bonfire but if I light one knowing that birds have built a nest in it I am guilty of nest destruction, not bonfire lighting.

So gardeners cannot be prosecuted merely for cutting a hedge.

But of course they can, and should, avoid harming nests.

The position for farmers is different. They may be cutting miles of hedgerow using a massive tractor driven cutter. It would be impossible for them to check for nests properly.

So for that reason they are rightly subject to Defra rules banning cutting between March 1 and August 31, except under very limited circumstances.

In fact they can also claim a subsidy for cutting only every two years.

Please do not assume that respect for accuracy reflects indifference to wildlife.

Jim Watson

Stroud