Badgers Act 1973 (repealed 16.10.1992)

9 Licences. E+W+S

(1) A licence may be granted to any person by the appropriate authority specified in the next subsection authorising that person, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence,—

(a) for scientific or educational purposes or for the conservation of badgers to kill or take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified [F1 or to interfere with any badger sett within the said area by means so specified];

(b) for the purpose of any zoological gardens or collection specified in the licence to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession any number of badgers so specified;

(c) for the purpose of ringing and marking to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence;

(d) for the purpose of preventing the spread of disease to kill or take badgers [F2 or to interfere with a badger sett] within an area specified in the licence by any means so specified;

[F3 (e) for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers [F2 or to interfere with a badger sett]within an area specified in the licence by any means so specified.]

[F4 (f) for the purpose of any development as defined in section 55(1) of the Town and Country Planning Act 1990 or, as respects Scotland, section 19(1) of the Town and Country Planning (Scotland) Act 1972, to interfere with a badger sett within an area specified in the licence by any means so specified;

(g) for the purpose of any agricultural or forestry operation, to interfere with a badger sett within an area specified in the licence by any means so specified;

(h) for the purpose of any operation (whether by virtue of the Land Drainage Act 1976 or otherwise) to maintain or improve any existing watercourse or drainage works, or construct new works required for the drainage of any land, including works for the purpose of defence against sea water or tidal water, to interfere with a badger sett within an area specified in the licence by any means so specified;

(i) for the purpose of investigating whether any offence has been committed or gathering evidence in connection with proceedings before any court, to interfere with a badger sett, within an area specified in the licence by any means so specified;

(j) for the purpose of the preservation, or archaeological investigation, of a monument scheduled under section 1 of the Ancient Monuments and Archaeological Areas Act 1979, to interfere with a badger sett within an area specified in the licence by any means so specified;

(k) for the purpose of controlling foxes in order to protect livestock, game or wild life, to interfere with a badger sett within an area specified in the licence by any means so specified.]

(2) The appropriate authority for the grant of a licence under the foregoing subsection shall be—

(a) in the case of a licence under paragraph (a), [F5 (b),(c),(f),(i) or (j)]of that subsection, the [F6 Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales (according as the area specified in the licence is in England, Scotland or Wales)];

(b) in the case of a licence under paragraph [F7 (d), (e), (g) or (h)]of that subsection, the Minister of Agriculture, Fisheries and Food or, in Scotland, the Secretary of State.

[F8 (c) in the case of a licence under paragraph (k) of that subsection—

(i) in England, the Minister of Agriculture, Fisheries and Food or the Nature Conservancy Council for England;

(ii) in Wales, the Secretary of State or the Countryside Council for Wales; and

(iii) in Scotland, the Secretary of State or the Nature Conservancy Council for Scotland.]

(3) A licence granted under this section may be revoked at any time by the authority by whom it was granted, and without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, any person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section shall be guilty of an offence.

[F9 [F10 (5)] The Minister of Agriculture, Fisheries and Food and the Secretary of State shall from time to time consult with [F11 each of the following bodies, namely, the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland and the Countryside Council for Wales as to the exercise in the respective areas of those Councils of the functions of those Ministers](under [F12 subsection (1)(e), (g) or (h)] above; and neither of them shall grant a licence of any description unless he has been advised by the Council [F13 for the area specified in the licence] as to the circumstances in which, in the Council’s opinion, licences of that description should be granted.]

[F14 (4) It shall be a defence in proceedings for an offence under section 8(b) of the M1 Protection of Animals Act 1911 or section 7(b) of the M2 Protection of Animals (Scotland) Act 1912 (each of which restricts the placing on land of poison and poisonous substances) to show that—

(a) the act alleged to constitute the offence was done under the authority of a licence granted under paragraph (a) of subsection (1) of this section; and

(b) any conditions specified in the licence were complied with.]

[F15 (6) A licence under this section shall not be unreasonably withheld or revoked.]

Textual Amendments

F1 Words in s. 9(1)(a) added (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(a), 6(2).

F2 Words in s. 9(1)(d)(e)inserted (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(b)(c), 6(2).

F3 S. 9(1)(e) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 10(2)

F4 S. 9(f)-(k) inserted (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(d), 6(2).

F5 Words in s. 9(2)(a) substituted (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(e), 6(2).

F6 Words in s. 9(2)(a) substituted (1.4.1991) by virtue of Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 6(2); S.I. 1991/685, art. 3

F7 Words in s. 9(2)(b) substituted (25.10.1991) by virtue of Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(f), 6(2).

F8 S. 9((2)(c) inserted (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(f), 6(2).

F9 S. 9(4) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 10(4)

F10 S. 9(4) renumbered (25.10.1991) as s. 9(5) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(h), 6(2).

F11 Words in s. 9(4) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 6(3)(b); S.I. 1991/685, art. 3

F12 Words in s. 9(5) substituted (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(h), 6(2).

F13 Words in s. 9(4) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 6(3)(b); S.I. 1991/685, art. 3

F14 S. 9(4) added by Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48), s. 16, (the amendment of s. 9 by s. 16 of the Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) continues to have effect notwithstanding the repeal of the 1975 Act: Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(4), Sch. 17 Pt. II)

F15 S. 9(6) inserted (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss. 4(i), 6(2).

Marginal Citations

M1 1911 c. 27(4:5).

M2 1912 c. 14(4:5).