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Wildlife and Countryside Act 1981

Type Public General Act

Publication 1981-10-30

Last updated 2026-07-04

State In force

Department Statute Law Database

Source legislation.gov.uk

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(b) may be granted either to persons of a class or to a particular person;

(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.

(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, or in the case of a licence granted by Natural England five years, stated in the licence.

(6) A licence under subsection (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, or in the case of a licence granted by Natural England five years, stated in the licence.

(6A) The maximum period for the validity of a licence set out in subsection (6)(b) does not apply to—

(a) a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or

(b) a licence that, by virtue of paragraph 5 of Schedule 3 to that Act, is treated as having been granted to a developer under subsection (3).

(7) It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 or section 7(b) of the Protection 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.

(8ZA) In this section, in the case of a licence granted to Natural England under subsection (3) to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, “the appropriate authority” means the Secretary of State.

(8A) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation , but this is subject to subsection (8ZA).

(8C) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.

(9) Except as provided by subsections (8ZA), (8A) and (8C), In this section “the appropriate authority” means—

(a) in the case of a licence under any 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 relevant conservation body;

(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) or (j) of subsection (3), the relevant conservation body;

(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.

(9A) In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Wild Birds Directive.

(10) The agriculture Minister—

(a) shall from time to time consult with each of the GB conservation bodies as to the exercise in the area of that body of his functions under this section; and

(b) shall not grant a licence of any description unless he has been advised by the relevant conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.

(11) For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the conservation body for the area in which it is proposed to carry on the activity requiring a licence.

(12) In this section—

(a) “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;

(b) “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.

Licensing: land on which certain birds may be killed or taken

16AA

(1) The relevant authority may, on the application of an owner or occupier of an area of land, grant a licence for the purposes of permitting the killing or taking of any type of bird included in Part 1B of Schedule 2 on the land (a “section 16AA licence”), if it is satisfied that it is appropriate to do so.

(2) In determining whether it is appropriate to grant a section 16AA licence the relevant authority must have regard in particular to the applicant’s compliance with a code of practice made in accordance with section 16AC.

(3) Where the relevant authority refuses to grant a licence to an applicant, the relevant authority must give written notice to the applicant of the reasons for doing so.

(4) An application for a section 16AA licence must—

(a) be made to the relevant authority,

(b) be made in such manner and form as the relevant authority may require,

(d) contain or be accompanied by such information as the relevant authority may require, and

(e) be accompanied by payment of such reasonable fee as the relevant authority may require.

(5) The relevant authority must publicise any requirements which are for the time being set under subsection (4)(b) to (e).

(6) A section 16AA licence—

(a) must—

(i) specify the person to whom the licence is granted (“the licence holder”),

(ii) identify the area of land, by reference to a map, to which the licence relates,

(iii) specify any reasonable conditions the relevant authority considers appropriate to attach to the licence, and

(b) may be granted or renewed for a period not exceeding 5 years.

(7) Every section 16AA licence is subject to the condition that the licence holder must have regard to a code of practice made in accordance with section 16AC.

(8) Conditions which may be specified under subsection (6)(a)(iii) include, in particular, conditions drawn from a code of practice made in accordance with section 16AC.

(9) The relevant authority may—

(a) modify a section 16AA licence at any time,

(b) suspend or revoke a section 16AA licence if—

(i) the licence holder—

(A) fails to comply with any conditions attached to the licence, or

(B) ceases to be in a position to ensure compliance with the conditions,

(ii) the relevant authority is satisfied that the licence holder or a person involved in managing the land to which the licence relates—

(A) has committed a relevant offence on the land, or

(B) has knowingly caused or permitted another person to do so.

(10) Where the relevant authority has modified, suspended or revoked a person’s section 16AA licence—

(a) the relevant authority must give written notice to the person of the modification, suspension or revocation and specify in the notice the reason for the modification, suspension or revocation, and

(b) the modification, suspension or revocation may not take effect until the end of—

(i) the period of 14 days beginning with the day on which the notice is given, or

(ii) such other period as the relevant authority considers appropriate and specifies in the notice.

(11) A licence holder whose section 16AA licence is suspended is to be treated as not having a section 16AA licence for the duration of the suspension.

(12) A court which convicts a person of a relevant offence must notify the Scottish Ministers (or Scottish Natural Heritage if the functions under this section have been delegated to that body) of the conviction.

(13) In this section—

“relevant authority” means—the Scottish Ministers, orwhere the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage,

“relevant offence” means an offence under—Part 1 of this Act,the Protection of Badgers Act 1992,Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),section 1 of the Wild Mammals (Protection) Act 1996,section 19 of the Animal Health and Welfare (Scotland) Act 2006,the Hunting with Dogs (Scotland) Act 2023.

(14) The Scottish Ministers may by regulations modify the definition of “relevant offence” in subsection (13).

Appeals relating to section 16AA licences

16AB

(1) A person may appeal to the appropriate sheriff against a decision of the relevant authority to—

(a) refuse to grant to the person a section 16AA licence,

(b) attach a condition to the person’s section 16AA licence,

(2) An appeal under this section must be made within the period of 21 days beginning with the day on which notice of the decision being appealed against was given.

(3) An appeal under this section is to be determined on the merits rather than by way of review.

(4) The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the relevant authority made the decision being appealed against.

(5) Where a summary sheriff is hearing an appeal, the summary sheriff is to have the same power to make an interim order under section 88(1) of the Courts Reform (Scotland) Act 2014 as a sheriff hearing the appeal would have.

(6) On determining the appeal, the sheriff may—

(a) dismiss the appeal, or

(b) give the relevant authority such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal.

(7) The determination of the sheriff may be appealed against only on a point of law.

(8) In this section—

“appropriate sheriff” means—in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, orin a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh,

“relevant authority” means—the Scottish Ministers, orwhere the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage,

“section 16AA licence” is to be construed in accordance with section 16AA(1).

Section 16AA Licence: code of practice

16AC

(1) The Scottish Ministers must prepare a code of practice for the purpose of providing guidance about managing land to which a section 16AA licence relates.

(2) A code of practice may, in particular, provide guidance on—

(a) how land should be managed to reduce disturbance of and harm to any wild animal, wild bird and wild plant (including the use of medicated grit for such purposes),

(b) how the taking or killing of any wild birds should be carried out,

(3) The Scottish Ministers must review the current code of practice by the end of every review period.

(4) Following a review, the Scottish Ministers may revise the current code of practice.

(5) Before making, reviewing or revising a code of practice the Scottish Ministers must consult—

(a) Scottish Natural Heritage,

(b) such other persons as they consider likely to be interested in or affected by the management of land to which a section 16AA licence relates.

(6) Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 16AD.

(7) As soon as practicable after the latest version of the code of practice is made, it must be made publicly available.

(8) In this section, “review period” means—

(a) in relation to the first review, the period of 5 years starting on the day on which subsection (1) is complied with, and

(b) each subsequent period of 5 years.

Section 16AA Licence: delegation of power in relation to code of practice

16AD

(1) The Scottish Ministers may delegate the preparation, publication, review and revision of the code of practice under section 16AC to Scottish Natural Heritage.

(2) Any delegation must be made by written direction.

(3) The Scottish Ministers may modify or revoke a direction.

Report on operation and effect of section 16AA licences

16AE

(1) The Scottish Ministers must, for each reporting period, prepare a report on the operation and effect of section 16AA licences.

(2) The report must include an assessment of the conservation status, including population size and range, of the following species—

(a) golden eagle (aquila chrysaetos),

(b) hen harrier (circus cyaneus),

(d) merlin (falco columbarius).

(3) The report may include—

(a) the number of licences issued under section 16AA and the area of land affected,

(b) the number of licences that have been, or are, subject to suspension or revocation, the duration of those suspensions or revocations, and the reasons for those suspensions or revocations,

(d) such other matters as the Scottish Ministers consider appropriate.

(4) As soon as practicable after each reporting period, the Scottish Ministers must lay the report before the Scottish Parliament.

(5) The Scottish Ministers may by regulations amend subsection (2) to add or remove species of birds.

(6) In this section, “reporting period” means—

(a) in relation to the first report, the period of 5 years beginning on the day on which section 16AA comes into force, and

(b) in relation to each subsequent report, the period of 5 years beginning on the day after the expiry of the previous reporting period.

Report on operation and effect of section 16AA licences: delegation

16AF

(1) The Scottish Ministers may delegate the preparation and publication of the report under section 16AE to Scottish Natural Heritage.

(2) Any delegation must be made by written direction.

(3) The Scottish Ministers may modify or revoke a direction.

Delegation of licence-granting power: Scotland

16A

(1) The Scottish Ministers may delegate their functions in relation to licences under section 16 to—

(a) Scottish Natural Heritage; or

(b) a local authority.

(1B) The Scottish Ministers may delegate their functions in relation to licences under section 16AA (other than the function in section 16AA(14)) to Scottish Natural Heritage.

(2) But a function may be delegated to a local authority only in so far as it relates to—

(a) the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or

(b) the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).

(3) A delegation under subsection (1) may be, to any degree, general or specific and may in particular relate to—

(a) a particular type of bird, other animal or plant;

(b) a particular licence or type of licence;

(4) Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation.

(5) A delegation to—

(a) Scottish Natural Heritage under subsection (1)(a) is to be made by written direction;

(aa) Scottish Natural Heritage under subsection (1B) is to be made by written direction,

(b) a local authority under subsection (1)(b) is to be made by order.

(5A) A direction under subsection (5)(aa) may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction.

(6) A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage.

(7) The Scottish Ministers may modify or revoke a direction under subsection (5)(a) or (5)(aa).

(8) Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise).

False statements made for obtaining registration , identification number or licence etc. False statements made for obtaining registration or licence etc.

17

A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section 6(2) or 7(1) , an identification number under section 11A(4) or the grant of a licence under section 16 or 16AA—

(a) makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or

(b) recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular,

shall be guilty of an offence.

Attempts to commit offences etc.

18

(1) Any person who attempts to commit an offence under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence.

(2) Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence.

Wildlife inspectors

18A

(1) In this Part, “wildlife inspector” means a person authorised in writing under this section by—

(a) the Secretary of State (in relation to England), or

(b) the National Assembly for Wales (in relation to Wales).

(2) An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

(3) A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.

(4) A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E.

Group 1 offences and licences: power to enter premises

18B

(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a) for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

(b) for the purpose of—

(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or

(ii) ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

(2) In this Part—

“Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and

“Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

(3) Nothing in this section confers power to enter a dwelling.

Group 1 offences and licences: examining specimens and taking samples

18C

(1) The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).

(2) The inspector, or a veterinary surgeon accompanying him, may—

(a) for any such purpose, examine any specimen, and

(b) subject to subsection (5) and section 18F, take a sample from it.

(3) “Specimen” means—

(a) any bird, other animal or plant, or

(b) any part of, or anything derived from, a bird, other animal or plant.

(4) “Sample” means a sample of blood, tissue or other biological material.

(5) No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.

(6) The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a) making an examination under subsection (2)(a), or

(b) taking a sample under subsection (2)(b).

(7) The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.

Group 2 offences and licences etc. : power to enter premises

18D

(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a) for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

(b) where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c) for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

(d) for the purpose of—

(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or

(ii) ascertaining whether any condition to which a Group 2 licence was subject has been complied with.

(2) In this Part—

“Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,

“Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and

“relevant registration” means a registration in accordance with regulations under section 7(1).

(3) In subsection (1)—

(a) paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

(i) a Group 2 licence or a relevant registration held by an occupier of the dwelling, or

(ii) an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and

(b) paragraph (c) does not confer any power to enter a dwelling.

Group 2 offences: examining specimens and taking samples

18E

(1) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.

(2) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.

(3) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a) is alleged to be, or

(b) which the wildlife inspector suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(4) Where, pursuant to a requirement under this section—

(a) a bird or other animal is to be examined, or

(b) a sample is to be taken from a bird or other animal,

a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.

(5) “Specimen” and “sample” have the same meaning as in section 18C.

(6) This section is subject to section 18F.

Restrictions on taking of samples from live specimens

18F

(1) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.

(2) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

Enforcement.

19

(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—

(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b) search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;

(d) seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

(2) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) or arresting a person, in accordance with section 24 of Police and Criminal Evidence Act 1984, for such an offence, enter any premises other than a dwelling.

(2A) A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him—

(a) any other person, and

(b) any equipment or materials.

(3) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that an offence under this Part has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable . . . to enter upon and search those premises for the purpose of obtaining that evidence.

In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.

(9) This section does not apply in relation to offences under Schedule 9A.

Constables' powers in connection with samples

19XA

(1) A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

(2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a) is alleged to be, or

(b) the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3) Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.

(4) “Specimen” and “sample” have the same meaning as in section 18C.

(5) This section is subject to section 18F (restrictions on taking samples).

Offences in connection with enforcement powers

19XB

(1) A person is guilty of an offence if he—

(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or

(b) fails without reasonable excuse to give any assistance reasonably required under section 18C(6).

(2) A person is guilty of an offence if he—

(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or

(b) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or

(3) A person is guilty of an offence if he—

(a) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or

(b) fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).

(4) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.

Enforcement: wildlife inspectors.

19ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to take samples.

19ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wildlife inspectors: Scotland

19ZC

(1) The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”).

(2) An authorisation under subsection (1)—

(a) shall be in writing, and

(b) is subject to any conditions or limitations specified in it.

(3) A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect—

(a) any premises for the purpose of ascertaining whether an offence under section 6, 9(5) , 11I(1) or 13(2) is being, or has been, committed on those premises;

(b) any premises where the inspector has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c) any premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises;

(d) any premises for the purpose of ascertaining whether an offence under section 14 , 14ZC, 14A, 14AA, 14AA, 14B or 14K is being, or has been, committed on those premises;

(e) any premises for the purpose of —

(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a relevant registration or licence; or

(ii) ascertaining whether a condition to which a relevant registration or licence was subject to has been complied with.

(4) In subsection (3)—

(a) paragraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with—

(i) a relevant registration or licence held by an occupier of the dwelling; or

(ii) an application by an occupier of the dwelling for a relevant registration or licence,

(b) paragraph (d) does not confer power to enter a dwelling.

(5) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector.

(6) Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.

(7) Any person who—

(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or

(b) fails without reasonable excuse to give any assistance reasonably required under subsection (6),

shall be guilty of an offence.

(8) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.

(9) In this section—

“relevant registration or licence” means— a registration in accordance with regulations under section 7(1); ora licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC , 14A or 14AA;

“specimen” means any bird, other animal , plant, fungus or micro-organism or any part of, or anything derived from, a bird, other animal , plant, fungus or micro-organism.

Power to take samples: Scotland

19ZD

(1) A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry.

(2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

(3) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry.

(4) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

(5) No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

(6) No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.

(7) Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose.

(8) A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4).

(9) Any person who—

(a) intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),

(b) fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or

shall be guilty of an offence.

(10) In this section—

(a) “specimen” has the same meaning as in section 19ZC;

(b) in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant.

Evidence in Scotland in certain proceedings.

19A

In any proceedings in Scotland for any of the following offences, the accused may be convicted on the evidence of one witness —

(a) an offence under section 1(1)(a) in relation to a grouse, partridge, pheasant or ptarmigan included in Part I of Schedule 2;

(b) an offence under section 1(1)(c);

(d) an offence under section 6(2) in relation to a grouse, partridge, pheasant or ptarmigan included in Part IIA of that Schedule;

(e) an offence under section 10A(1), 11G(1) or 11I(1).

Proceedings for summary offences.

20

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Proceedings for a summary offence under this Part may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

(3) For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Penalties, forfeitures etc.

21

(1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) A person guilty of an offence under section 14 or 14ZA shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4AA) Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4B) A person guilty of an offence under section 19XB(1)(a) or (2)(a) in relation to a wildlife inspector entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(4C) A person guilty of an offence under section 19XB(4) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where an offence to which subsection (1) . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

(6) The court by which any person is convicted of an offence under this Part—

(a) shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

(b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 or 14ZA, any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

(7) Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

Power to vary Schedules.

22

(1) The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of Schedules ZA1 to 4.

(2) An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.

(3) The Secretary of State may, on a representation made to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act, by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

(a) add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and

(b) remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.

(4) The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—

(a) add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and

(b) add any plants to, or remove any plants from, Schedule 8.

(5) The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—

(a) add any animals to, or remove any animals from, Part I , IA or IB of Schedule 9; and

(b) add any plants to, or remove any plants from, Part II of that Schedule.

(6) The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.

(7) In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).

Advisory bodies and their functions.

23

(1) The Secretary of State may—

(a) establish any body or bodies, consisting in each case of such members as he may from time to time appoint;

(b) assign to any body or bodies the duty referred to in subsection (4).

(2) Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—

(a) establish at least one body under paragraph (a) of subsection (1); or

(b) assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).

(3) A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.

(4) It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—

(a) in connection with the administration of this Part; or

(b) otherwise in connection with the protection of birds or other animals or plants.

(5) In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).

(6) Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.

(7) The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).

Functions of GB conservation bodies

24

(1) The GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act may at any time and shall five years after 30th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

(a) any animal should be added to, or removed from, Schedule 5;

(b) any plant should be added to, or removed from, Schedule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.

(2) Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led to that advice being given.

(3) The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.

(4) The functions of the GB conservation bodies shall include power to advise or assist—

(a) any constable;

(b) any proper officer of a local authority; or

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

Functions of local authorities.

25

(1) Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of—

(a) the provisions of this Part; and

(b) any order made under this Part affecting the whole or any part of their area.

(2) A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area.

(3) Nothing in this section applies in relation to Schedule 9A or orders or offences under it.

Regulations, orders, notices etc.

26

(1) Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(4) Before making any order under this Part, the Secretary of State—

(a) except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;

(b) except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and

(5) Notice of the making of an order under this Part shall be published by the Secretary of State—

(a) if the order relates in whole or in part to England and Wales, in the London Gazette; and

(b) if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.

(6) The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.

(7) In this section references to orders do not include species control orders under Schedule 9A.

Enforcement of wildlife legislation

26A

Regulations under section 2(2) of the European Communities Act 1972 (c. 68) for the purpose of implementing Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora (that is, the Directive as amended from time to time by any other EU instrument or otherwise) may, despite paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

Annual report on wildlife crime

26B

(1) The Scottish Ministers must, after the end of each calendar year, lay before the Scottish Parliament a report on offences relating to wildlife.

(2) The report may, in particular, include—

(a) information on the incidence and prosecution of such offences during the year to which the report relates;

(b) information on research and advice relating to wildlife which the Scottish Ministers consider relevant to such offences.

(3) The report need only include information in relation to such offences relating to wildlife as the Scottish Ministers consider appropriate.

(4) For the purposes of this section, an offence relating to wildlife is an offence—

(a) under Part 1 of this Act; or

(b) under any other enactment which the Scottish Ministers consider may have an impact on wildlife.

Interpretation of Part I.

27

(1) In this Part, unless the context otherwise requires—

“advertisement” includes a catalogue, a circular and a price list;

“advisory body” has the meaning given by section 23;

“agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

“authorised person” means—the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;any person authorised in writing by the local authority for the area within which the action authorised is taken;as respects anything done in relation to wild birds, any person authorised in writing by—the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009);any of the following bodies, that is to say, any of the GB conservation bodies, . . . a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 or an inshore fisheries and conservation authority ...;any person authorised in writing by—the Environment Agency, in relation to anything done in England;the Natural Resources Body for Wales, in relation to anything done in Wales; ora water undertaker or a sewerage undertaker,

so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

“automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;

“aviculture” means the breeding and rearing of birds in captivity;

“destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

“domestic duck” means any domestic form of duck;

“domestic goose” means any domestic form of goose;

“firearm” has the same meaning as in the Firearms Act 1968;

“game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;

“inland waters” means— inland waters within the meaning of the Water Resources Act 1991; any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea; controlled waters within the meaning of Part II of the Control of Pollution Act 1974 other than ground waters as defined in section 30A(1)(d) of that Act.

“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;

“livestock” includes any animal which is kept—for the provision of food, wool, skins or fur;for the purpose of its use in the carrying on of any agricultural activity; orfor the provision or improvement of shooting or fishing;

“local authority” means—in relation to England . . ., a county, district or London borough council . . .;in relation to Wales, a county council or county borough council;in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

“pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

“poultry” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

“premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;

“sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

“uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

“vehicle” includes aircraft, hovercraft and boat;

......

“wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

“wild bird” means any bird of a species which is ordinarily resident in or is a visitor to the United Kingdom or the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;

“wild plant” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

“wildlife inspector” has the meaning given by section 18A(1).

(2) A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

(3) Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

(3A) In this Part “the GB conservation bodies” means—

(a) Natural England,

(b) the Natural Resources Body for Wales, and

and references to a conservation body are to be read accordingly.

(4) This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

(5) This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

Application of Part 1 to England and Wales

27ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Nature Conservation, Countryside and National Parks

Sites of special scientific interest and limestone pavements

Construction of references to Nature Conservancy Council.

27A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of sections 28 to 34 in Wales

27AA

(1) In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted.

(2) Subsection (3) applies where—

(a) any provision of sections 28 to 34 requires the Natural Resources Body for Wales to give a notification or notice to the local planning authority in whose area land is situated, and

(b) all or part of the land is included in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004 the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 .

(3) The Natural Resources Body for Wales must also give the notification or notice to the strategic planning panel for the strategic planning area that corporate joint committee .

Sites of special scientific interest.

28

(1) Where Natural England are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of Natural England to notify that fact—

(a) to the local planning authority (if any) in whose area the land is situated;

(b) to every owner and occupier of any of that land; and

(1A) The reference in subsection (1) to land includes—

(a) any land lying above mean low water mark;

(b) any land covered by estuarial waters.

(1B) Where the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

(a) area B adjoins area A, and

(b) any of the conditions in subsection (1C) is satisfied.

(1C) The conditions are—

(a) that the flora, fauna or features leading to the notification of area A is or are also present in area B;

(b) that the notification of area A is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

(c) that, without the inclusion of area B, the identification of the boundary of the land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(2) Natural England shall also publish a notification of the fact mentioned in subsection (1) in at least one local newspaper circulating in the area in which the land is situated.

(3) A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and Natural England shall consider any representation or objection duly made.

(4) A notification under subsection (1)(b) shall also specify—

(a) the flora, fauna, or geological or physiographical features by reason of which the land is of special interest, and

(b) any operations appearing to Natural England to be likely to damage that flora or fauna or those features,

and shall contain a statement of Natural England's views about the management of the land (including any views Natural England may have about the conservation and enhancement of that flora or fauna or those features).

(5) Where a notification under subsection (1) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a) give notice to the persons mentioned in subsection (1) withdrawing the notification; or

(b) give notice to those persons confirming the notification (with or without modifications).

In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6).

(6) A notification shall cease to have effect—

(a) on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or

(b) if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.

(6A) Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).

(7) Natural England's power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.

(8) As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.

(9) A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

(9A) For the purposes of this Part “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).

(10) For the purposes of this section and sections 28A to 28D, “local planning authority”, in relation to land within the Broads, includes the Broads Authority.

Variation of notification under section 28.

28A

(1) At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), Natural England may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).

(2) The area of land cannot be varied under this section.

(3) Natural England shall give notice setting out the variation to—

(a) the local planning authority (if any) in whose area the land is situated,

(b) every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and

and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.

(4) Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).

(5) Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either—

(a) give notice to the persons mentioned in subsection (3) withdrawing the notice; or

(b) give notice to them confirming the notice (with or without modifications).

(6) A notice under subsection (3) shall cease to have effect—

(a) on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or

(b) if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.

(7) As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.

(8) A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).

Notification of additional land.

28B

(1) Where Natural England are of the opinion that if land adjacent to a site of special scientific interest (“the extra land”) were combined with the site of special scientific interest (“the SSSI ”), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, Natural England may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are—

(a) the local planning authority (if any) in whose area the extra land is situated;

(b) every owner and occupier of any of that extra land; and

(2A) The reference in subsection (1) to land includes—

(a) any land lying above mean low water mark;

(b) any land covered by estuarial waters.

(2B) If any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b).

(2C) The conditions are—

(a) that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b);

(b) that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c) that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(3) No notification under subsection (2) may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.

(4) Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.

(5) A notification under subsection (2)(b) shall also specify—

(a) the area of land constituting the SSSI;

(b) what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and

(6) In addition, the notification under subsection (2)(b) shall include a statement—

(a) saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and

(b) if any such thing is of particular relevance, specifying which.

(7) Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” and “subsection (1B)” in section 28(5) to (7) were references to subsection (2) and subsection (2B) of this section respectively.

(8) As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).

(9) As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.

(10) A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.

Enlargement of SSSI.

28C

(1) Where Natural England are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest (“the SSSI ”) is of special interest by reason of any of its flora, fauna, or geological or physiographical features, Natural England may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are—

(a) the local planning authority (if any) in whose area the land (including the SSSI ) is situated;

(b) every owner and occupier of any of that land (including the SSSI); and

(2A) The reference in subsection (1) to land includes—

(a) any land lying above mean low water mark;

(b) any land covered by estuarial waters.

(2B) If any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b).

(2C) The conditions are—

(a) that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b);

(b) that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c) that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(3) Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” , “subsection (1)(b)” and “subsection (1B)” in section 28(2) to (8) were references to subsection (2) , subsection (2)(b) and subsection (2B) of this section respectively.

(4) No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.

(5) As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI , the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.

(6) A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.

(7) A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect.

(8) The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.

(9) Any reference to—

(a) a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);

(b) a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and

(c) a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).

Guidance in relation to subtidal notifications of SSSIs

28CA

(1) The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark.

(2) In this section and section 28CB “the ministerial authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.

Power to call in subtidal notifications

28CB

(1) This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be).

(2) Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(For the meaning of “the ministerial authority”, see section 28CA.)

(3) At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4) If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5).

(5) The ministerial authority may direct—

(a) that the notification (if confirmed) must include all of the subtidal land;

(b) that the notification (if confirmed) must not include any of the subtidal land;

(c) that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;

(d) that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.

(6) If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them.

(7) The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a) appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b) providing written representations to such a person.

(8) A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(9) The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).

(10) The power to make regulations under subsection (9) is exercisable by statutory instrument.

(11) A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Denotification.

28D

(1) Where Natural England are of the opinion that all or part of a site of special scientific interest

(a) is not of special interest by reason of any of the matters mentioned in section 28(1), or

(b) should no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009,

they may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are—

(a) the local planning authority (if any) in whose area the land mentioned in subsection (1) is situated;

(b) every owner and occupier of any of that land;

(d) the Environment Agency; and

(e) every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the land.

(3) Natural England shall also publish a notification of the fact mentioned in subsection (1)(a) or (b) in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.

(4) Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).

(5) Where a notification under subsection (2) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a) give notice to the persons mentioned in subsection (2) withdrawing the notification, or

(b) give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2),

but if they do neither the notification shall cease to have effect.

(6) A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect.

(7) A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b).

Duties in relation to sites of special scientific interest.

28E

(1) The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

(a) one of them has, after service of the notification, given Natural England notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

(b) one of the conditions specified in subsection (3) is fulfilled.

(2) Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.

(3) The conditions are—

(a) that the operation is carried out with Natural England's written consent;

(b) that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016;

(c) that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.

(4) A consent under subsection (3)(a) may be given—

(a) subject to conditions, and

(b) for a limited period,

as specified in the consent.

(5) If Natural England do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

(6) Natural England may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—

(a) withdraw the consent; or

(b) modify it (or further modify it) in any way.

(7) The following—

(a) a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and

(b) a notice under subsection (5) or (6),

must include a notice of Natural England's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

(8) The matters referred to in subsection (7) are—

(a) the rights of appeal under section 28F;

(b) the effect of subsection (9); and

(9) A withdrawal or modification of a consent is not to take effect until—

(a) the expiry of the period for appealing against it; or

(b) if an appeal is brought, its withdrawal or final determination.

(10) Natural England shall have power to enforce the provisions of this section.

Appeals in connection with consents.

28F

(1) The following persons—

(a) an owner or occupier who has been refused a consent under section 28E(3)(a),

(b) an owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period,

(d) an owner or occupier who is aggrieved by the withdrawal of a consent,

may by notice appeal to the Secretary of State against the relevant decision.

(2) If Natural England neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat Natural England as having refused consent (and his appeal is to be determined on that basis).

(3) Notice of an appeal must reach the Secretary of State—

(a) except in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), or

(b) in a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there,

or, in either case, within such longer period as is agreed in writing between Natural England and the appellant.

(4) Before determining an appeal, the Secretary of State may, if he thinks fit—

(a) cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

(b) cause a local inquiry to be held,

and he must act as mentioned in paragraph (a) or (b) if either party to the appeal asks to be heard in connection with the appeal.

(5) On determining an appeal against a decision, the Secretary of State may—

(a) affirm the decision,

(b) where the decision was a refusal of consent, direct Natural England to give consent,

(c) where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,

(d) where the decision was a withdrawal or modification of consent, quash the decision,

and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to Natural England as to the terms on which they are to give consent.

(6) The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

(a) notices of appeal and supporting documentation required, and

(b) how appeals are to be brought and considered,

and any such regulations may make different provision for different cases and circumstances.

(7) A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

(9) Schedule 10A shall have effect with respect to appointments under subsection (8).

(10) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

(a) to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

(b) to the Minister causing an inquiry to be held were to the Secretary of State.

(11) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.

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