FAQs about ponds: the law

Seek advice before moving plants or animals or filling in a pond (Wendy Sabine)

WILDLIFE INFORMATION SERVICE

Frequently Asked Questions about... ponds:

What does the law say regarding garden ponds?

There are three areas of the law that relate to garden ponds. These are as follows:

Moving plants and animals between ponds
You should always get permission from any pond-owner should you intend to transfer species between ponds. Movement of some species, if protected or considered damaging to native wildlife, is illegal under the Wildlife and Countryside Act 1981. Transferring fish and some amphibians may also require a licence or consent. Seek advice at every opportunity from the Environment Agency, Natural England, the Countryside Council for Wales or Scottish Natural Heritage. Generally, ARC recommends not moving things between ponds unless absolutely necessary as you risk accidentally spreading various invasive plants and diseases.

Destroying ponds
If you have a pond and are moving house, ask the new occupiers if they plan to remove the pond. If this is the case and you have concerns about this process, or if you're considering filling in your own pond (e.g. due to safety concerns), then ask someone with a garden pond whether they are willing to accept stock. If possible, movements should not be over one mile away. Animals should never be released onto a nature reserve or public place without consent. Release of animals in an unauthorised place could make you liable for prosecution under the Abandonment of Animals Act 9160. If the pond in question contains great crested newts then seek advice from Natural England as this species and its habitats are protected by law (Wildlife and Countryside Act 1981).

Non-native animals and plants
The release of non-native animals into the wild in the UK is against the law. For pond species this includes the red-eared terrapin and the North American bullfrog. If you come across either of these species, or anything else exotic, please contact ARC as soon as possible via the Alien Encounters project. Laws relating to release of non-native plants are more lax, however, we urge the public to be extra vigilant and discourage the purchasing or movement of non-native or hybrid plant species.

More information:

Identifying amphibians. >>>

Amphibian disease. >>>

How can I make my pond safer? >>>

Alien Encounters. >>>

Environment Agency. >>>

Natural England. >>>

Countryside Council for Wales. >>>

Scottish Natural Heritage. >>>