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(1)Except within an area of special protection, an authorised person shall not be guilty of an offence under section 1(1) of this Act by reason of—
(a)the killing or taking or attempted killing or taking of any badger, or
(b)the injuring of any badger in the course of taking it, or attempting to take or kill it.
(2)Within an area of special protection, an authorised person shall not be guilty of an offence under section 1(1) of this Act by reason of—
(a)the killing or taking or attempted killing or taking of any badger, or
(b)the injuring of any badger in the course of taking it, or attempting to take or kill it,
if he satisfies the court before whom he is charged that his action was necessary for the purpose of preventing serious damage to land, crops, poultry or any other form of property or for the purpose of preventing the spread of disease.
(3)An authorised person shall not be guilty of an offence under paragraph (c) of section 2 of this Act if he satisfies the court before whom he is charged that his action was necessary for the purpose of preventing serious damage to land, crops, poultry or any other form of property or for the purpose of preventing the spread of disease.
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