The Wildlife and Countryside Act 1981 (Amendment) Regulations 1995

Amendments of section 16

3.—(1) Section 16 of the Act (power to grant licences) shall be amended as follows.

(2) In subsection (1)—

(a) for paragraph (a) there shall be substituted the following paragraph—

“(a) for scientific, research or educational purposes;”;

(b) after paragraph (c) there shall be inserted the following paragraphs—

“(ca) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb) for the purpose of conserving flora or fauna;”; and

(c) in paragraph (k), for the words “or fisheries” there shall be substituted the words “, fisheries or inland waters”.

(3) After that subsection there shall be inserted the following subsection—

“(1A) The appropriate authority—

(a) shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b) shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.”

(4) In subsection (5), for the words “subsection (6)” there shall be substituted the words “subsections (5A) and (6)”.

(5) After that subsection there shall be inserted the following subsection—

“(5A) A licence under subsection (1) which authorises any action in respect of wild birds—

(a) shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

(b) shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

(c) subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.”

(6) In subsection (6), for the words “(1), (2) or (3)” there shall be substituted the words “(2) or (3)”.

(7) In subsection (9), in paragraph (a), for the words “paragraph (a), (b), or (c)”there shall be substituted the words “any of paragraphs (a) to (cb)”.

(8) After that subsection there shall be inserted the following subsection—

“(9A) In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No.79/409/EEC) on the conservation of wild birds.”