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(1)Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—
[F1(a)for scientific, research or educational purposes;]
(b)for the purpose of ringing or marking, or examining any ring or mark on, wild birds;
(c)for the purpose of conserving wild birds;
[F2(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;]
(d)for the purpose of protecting any collection of wild birds;
(e)for the purposes of falconry or aviculture;
(f)for the purposes of any public exhibition or competition;
(g)for the purposes of taxidermy;
(h)for the purpose of photography;
(i)for the purposes of preserving public health or public or air safety;
(j)for the purpose of preventing the spread of disease; or
(k)for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F3, fisheries or inland waters],
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
[F4(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.]
(2)Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—
(a)a gannet on the island of Sula Sgeir; or
(b)a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
(3)Sections 9(1), (2) [F5, (4) and (4A)], 11(1) and (2) and 13(1) do not apply to anything done—
(a)for scientific or educational purposes;
(b)for the purpose of ringing or marking, or examining any ring or mark on,wild animals;
(c)for the purpose of conserving wild animals or wild plants or introducing them to particular areas;
(d)for the purpose of protecting any zoological or botanical collection;
(e)for the purpose of photography;
(f)for the purpose of preserving public health or public safety;
(g)for the purpose of preventing the spread of disease; or
(h)for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
(4)The following provisions, namely—
(a)section 6(1) and (2);
(b)sections 9(5) and 13(2); and
(c)section 14,
do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.
(5)Subject to [F6subsections (5A) and (6)], a licence under the foregoing provisions of this section—
(a)may be, to any degree, general or specific;
(b)may be granted either to persons of a class or to a particular person;
(c)may be subject to compliance with any specified conditions;
(d)may be modified or revoked at any time by the appropriate authority; and
(e)subject to paragraph (d), shall be valid for the period stated in the licence;
and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.
[F7(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)A licence under subsection [F8(2) or (3)] which authorises any person to kill wild birds or wild animals—
(a)shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and
(b)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.
(7)It shall be a defence in proceedings for an offence under section 8(b) of the M1Protection of Animals Act 1911 or section 7(b) of the M2Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—
(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and
(b)any conditions specified in the licence were complied with.
(8)For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
(9)In this section “the appropriate authority” means—
(a)in the case of a licence under [F9any of paragraphs (a) to (cb)] of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the [F10relevant] Nature Conservancy Council;
(b)in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;
(c)in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) of subsection (3), the [F10relevant] Nature Conservancy Council;
(d)in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and
(e)in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.
[F11(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.]
(10)The agriculture Minister—
(a)shall from time to time consult with [F12each of the Nature Conservancy Councils] as to the exercise [F13in the area of that Council] of his functions under this section; and
(b)shall not grant a licence of any description unless he has been advised by the [F14relevant Nature Conservancy] Council as to the circumstances in which, in their opinion, licences of that description should be granted.
[F15(11)For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the Nature Conservancy Council for the area in which it is proposed to carry on the activity requiring a licence.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)
F2S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)
F3Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)
F4S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)
F5Words in s. 16(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 6
F6Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)
F7S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)
F8Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)
F9Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)
F10Word in s. 16(9) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(a); S.I. 1991/685, art. 3
F11S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)
F12Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F13Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F14Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3
F15S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3
Modifications etc. (not altering text)
C1S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Marginal Citations
(1)Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—
[F16(a)for scientific, research or educational purposes;]
(b)for the purpose of ringing or marking, or examining any ring or mark on, wild birds;
(c)for the purpose of conserving wild birds;
[F17(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;]
(d)for the purpose of protecting any collection of wild birds;
(e)for the purposes of falconry or aviculture;
(f)for the purposes of any public exhibition or competition;
(g)for the purposes of taxidermy;
(h)for the purpose of photography;
(i)for the purposes of preserving public health or public or air safety;
(j)for the purpose of preventing the spread of disease; or
(k)for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F18, fisheries or inland waters],
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
[F19(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.]
(2)Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—
(a)a gannet on the island of Sula Sgeir; or
(b)a gull’s egg F20. . . ,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
(3)Sections 9(1), (2) [F21, (4) and (4A)] , 11(1) [F22, (2) and (3C)(a)] and 13(1) do not apply to anything done—
(a)for scientific [F23, research] or educational purposes;
(b)for the purpose of ringing or marking, or examining any ring or mark on,wild animals;
(c)for the purpose of conserving [F24wild birds,] wild animals or wild plants or introducing them to particular areas;
[F25(ca)for the purpose of conserving any area of natural habitat;]
(d)for the purpose of protecting any zoological or botanical collection;
(e)for the purpose of photography;
(f)for the purpose of preserving public health or public safety;
(g)for the purpose of preventing the spread of disease; or
(h)for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
(4)The following provisions, namely—
(a)section 6(1) and (2);
(b)sections 9(5) and 13(2); and
(c)[F26sections 14 and 14A],
do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.
[F27(4A)The appropriate authority shall not grant a licence under subsection (4) permitting anything to be done in contravention of section 6(1) or (2) unless it is satisfied that there is no other satisfactory solution.]
(5)Subject to [F28subsections (5A) and (6)], a licence under the foregoing provisions of this section—
(a)may be, to any degree, general or specific;
(b)may be granted either to persons of a class or to a particular person;
(c)may be subject to compliance with any specified conditions;
(d)may be modified or revoked at any time by the appropriate authority; and
(e)subject to paragraph (d), shall be valid for the period stated in the licence;
and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.
[F29(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)A licence under subsection [F30(2) or (3)] which authorises any person to kill wild birds or wild animals—
(a)shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and
(b)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.
(7)It shall be a defence in proceedings for an offence under section 8(b) of the M3Protection of Animals Act 1911 or section 7(b) of the M4Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—
(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and
(b)any conditions specified in the licence were complied with.
(8)For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
(9)In this section “the appropriate authority” means—
(a)in the case of a licence under [F31any of paragraphs (a) to (cb)] of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the [F32relevant] Nature Conservancy Council;
(b)in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;
(c)in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) of subsection (3), the [F32relevant] Nature Conservancy Council;
(d)in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and
(e)in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.
[F33(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.]
(10)The agriculture Minister—
(a)shall from time to time consult with [F34each of the Nature Conservancy Councils] as to the exercise [F35in the area of that Council] of his functions under this section; and
(b)shall not grant a licence of any description unless he has been advised by the [F36relevant Nature Conservancy] Council as to the circumstances in which, in their opinion, licences of that description should be granted.
[F37(11)For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the Nature Conservancy Council for the area in which it is proposed to carry on the activity requiring a licence.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F16S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)
F17S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)
F18Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)
F19S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)
F20Words in s. 16(2)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(a); S.S.I. 2004/407, art. 2
F21Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(i); S.S.I. 2004/407, art. 2
F22Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(ii); S.S.I. 2004/407, art. 2
F23Words in s. 16(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iii); S.S.I. 2004/407, art. 2
F24Words in s. 16(3)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iv); S.S.I. 2004/407, art. 2
F25S. 16(3)(ca) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(v); S.S.I. 2004/407, art. 2
F26Words in s. 16(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(c); S.S.I. 2004/407, art. 2
F27S. 16(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(d); S.S.I. 2004/407, art. 2
F28Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)
F29S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)
F30Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)
F31Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)
F32Word in s. 16(9) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(a); S.I. 1991/685, art. 3
F33S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)
F34Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F35Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F36Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3
F37S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3
Modifications etc. (not altering text)
C2S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Marginal Citations
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