The Conservation (Natural Habitats, &c.) Regulations 1994

Grant of licences for certain purposes S

44.—(1) Regulations 39, 41 and 43 do not apply to anything done for any of the following purposes under and in accordance with the terms of a licence granted by the appropriate authority.

(2) The purposes referred to in paragraph (1) are–

(a) scientific [F1 , research] or educational purposes;

(b) ringing or marking, or examining any ring or mark on, wild animals;

(c) conserving wild animals [F2 , including wild birds,] or wild plants or introducing them to particular areas;

[F3 (ca) conserving natural habitats;]

(d) protecting any zoological or botanical collection;

(e) preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment;

(f) preventing the spread of disease; or

(g) preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

[F4 (2A) Subject to paragraph (2B), the appropriate authority may grant a licence to permit the taking or the possession or control of certain specimens of any of the species listed in Annex IV to the Habitats Directive notwithstanding that the licence is for a purpose not falling within paragraph (2).

(2B) The appropriate authority shall only grant a licence under paragraph (2A) where it is satisfied that the grant of the licence would be compatible with the restrictions in Article 16(1)(e) of the Habitats Directive.

(2C) Regulations 39, 41 and 43 do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority under paragraph (2A).]

(3) The appropriate authority shall not grant a licence under this regulation unless they are satisfied–

(a) that there is no satisfactory alternative, and

(b) that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

(4) For the purposes of this regulation “the appropriate authority” means–

(a) in the case of a licence under any of sub–paragraphs (a) to (d) of paragraph (2), the appropriate nature conservation body; and

[F5 (b) in the case of any other licence granted under this regulation, the Scottish Ministers.]

[F6 (5) The Scottish Ministers shall from time to time consult with the nature conservation bodies as to the exercise of the Scottish Ministers' functions under this regulation; and they shall not grant a licence of any description unless they have been advised by the appropriate nature conservation body as to the circumstances in which, in the opinion of the appropriate nature conservation body, licences of that description should be granted.]

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1 Word in reg. 44(2)(a) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 14(a) (with regs. 20, 21)

F2 Words in reg. 44(2)(c) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 14(b) (with regs. 20, 21)

F3 Reg. 44(2)(ca) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 14(c) (with regs. 20, 21)

F4 Reg. 44(2A)-(2C) inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 15(a)

F5 Reg. 44(4)(b) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 15(b)

F6 Reg. 44(5) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 15(c)

Commencement Information

I1 Reg. 44 in force at 30.10.1994, see reg. 1(2)

Grant of licences for certain purposes E+W

44.—(1) Regulations 39, 41 and 43 do not apply to anything done for any of the following purposes under and in accordance with the terms of a licence granted by the appropriate authority.

(2) The purposes referred to in paragraph (1) are–

(a) scientific or educational purposes;

(b) ringing or marking, or examining any ring or mark on, wild animals;

(c) conserving wild animals or wild plants or introducing them to particular areas;

(d) protecting any zoological or botanical collection;

(e) preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment;

(f) preventing the spread of disease; or

(g) preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

[F7 (2A) Subject to paragraph (2B), the appropriate authority may grant a licence to permit the taking or the possession or control of certain specimens of any of the species or subspecies listed in Annex II(b) (other than any bryophyte) or Annex IV to the Habitats Directive notwithstanding that the licence is for a purpose not falling within paragraph (2).

(2B) The appropriate authority may only grant a licence under paragraph (2A) if it is satisfied that the grant of the licence would be consistent with the restrictions in Article 16(1)(e) of the Habitats Directive (namely “under strictly supervised conditions, on a selective basis and to a limited extent” and “in limited numbers”).

(2C) Regulations 39, 41 and 43 do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority under paragraph (2A).]

(3) The appropriate authority shall not grant a licence under this regulation unless they are satisfied–

(a) that there is no satisfactory alternative, and

(b) that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

(4) For the purposes of this regulation “the appropriate authority” means–

(a) in the case of a licence under any of sub–paragraphs (a) to (d) of paragraph (2), the appropriate nature conservation body; F8 ...

(b) in the case of a licence under any of sub–paragraphs (e) to (g) of that paragraph, [F9 the Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales)] [F10 ; and]

[F11 (c) in the case of a licence granted under paragraph (2A), the Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales).]

[F12 (5) The Secretary of State shall from time to time consult with Natural England as to the exercise of the Secretary of State’s functions under this regulation, and shall not grant a licence of any description unless Natural England has advised as to the circumstances in which, in its opinion, licences of that description should be granted.

(6) The Welsh Ministers shall from time to time consult with the Countryside Council for Wales as to the exercise of the Welsh Ministers’ functions under this regulation, and shall not grant a licence of any description unless the Countryside Council for Wales has advised as to the circumstances in which, in its opinion, licences of that description should be granted.]

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F7 Reg. 44(2A)-(2C) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(18)(a) (with reg. 9)

F8 Word in reg. 44(4)(a) omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(18)(b) (with reg. 9)

F9 Words in reg. 44(4)(b) substituted (30.1.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/6), regs. 1(1), 11(a)

F10 Word in reg. 44(4)(b) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(18)(c) (with reg. 9)

F11 Reg. 44(4)(c) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(18)(d) (with reg. 9)

F12 Reg. 44(5)(6) substituted for reg. 44(5) (30.1.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/6), regs. 1(1), 11(b)

Commencement Information

I2 Reg. 44 in force at 30.10.1994, see reg. 1(2)