Wildlife and Countryside Act 1981

he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

Financial provisions.

70

• (1) There shall be defrayed out of money provided by Parliament—

• (a) any administrative expenses incurred by any Minister of the Crown under this Act; and

• (b) any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

• (2) Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund.

Service of notices.

70A

• (1) Subject to subsection (2), section 329 of the Town and Country Planning Act 1990 and section 271 of the Town and Country Planning (Scotland) Act 1997 (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act.

• (2) Subsections (2) and (3) of the said section 329 shall not apply to a notice required to be served under paragraph 2 of Schedule 14.

• (2A) Subsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G.

• (2B) Subsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a).

• (3) This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15.

Effect of failure to serve certain notices

70B

• (1) This section applies where the relevant conservation body—

• (a) has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but

• (b) has failed to do so.

• (2) The provisions are—

• (a) section 28(1) (notification of SSSI);

• (b) section 28(5) (confirmation or withdrawal of notification of SSSI);

• (c) section 28A(3) (notice varying notification under section 28);

• (d) section 28A(5) (notice confirming or withdrawing variation of notification);

• (e) section 28B(2) (notification of additional land to be included in SSSI);

• (f) section 28B(7) (confirmation or withdrawal of notification);

• (g) section 28C(2) (notification of enlargement of SSSI);

• (h) section 28C(3) (confirmation or withdrawal of notification of enlargement);

• (i) section 28D(2) (denotification);

• (j) section 28D(5) (withdrawal or confirmation of denotification);

• (k) section 28J(3) (notice of proposed management scheme);

• (l) section 28J(8) (withdrawal or confirmation of management scheme).

• (3) The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

• (4) For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

• (5) If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

• (6) Nothing in subsection (3) or (4) renders the owner or occupier liable—

• (a) in relation to anything done or omitted to be done before the commencement of this section, or

• (b) under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

• (7) “The relevant conservation body” means—

• (a) in relation to land in an area in England—

• (i) subject to sub-paragraph (ii), Natural England;

• (ii) in relation to any time before the commencement of section 27AA, English Nature;

• (b) in relation to land in an area in Wales, the Natural Resources Body for Wales.

General interpretation.

71

• (1) In this Act—

• “the 1949 Act” means the National Parks and Access to the Countryside Act 1949;

• “the 1968 Act” means the Countryside Act 1968;

• “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.

• “the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area;

• “London borough council” includes the Common Council of the City of London;

• “modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

• .

• (2) For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.

Minor amendments.

72

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

• (2) In section 20(2) of the Hill Farming Act 1946 (penalty for contravening regulations with respect to the burning of heather and grass) as originally enacted for the words from “five pounds” onwards there shall be substituted the words “£200”.

• (3) In sections 27 of that Act (penalty for contravening the provisions of that Act relating to muirburn) for the words from “five pounds” onwards there shall be substituted the words “£200”.

• (4) In section 39 of the Agriculture (Scotland) Act 1948 for the words “the First Schedule to the Protection of Birds Act 1954” there shall be substituted the words “Schedule I to the Wildlife and Countryside Act 1981”.

• (5) In section 11(1) of the 1949 Act (general powers of local planning authorities in relation to National Parks) after the word “accomplishment” there shall be inserted the words “of any”.

• (6) In section 74(4) of the Public Health Act 1961 (power to reduce numbers of pigeons and other birds in built-up areas), for the words “the Protection of Birds Act 1954” there shall be substituted the words “Part I of the Wildlife and Countryside Act 1981”.

• (7) In section 2(8) of the 1968 Act (publicity and information services) for the words from “encouraging” onwards there shall be substituted the words “informing persons resorting to the countryside of their rights and obligations”.

• (8) In section 15(1) of that Act (areas of special scientific interest) the words “which is not for the time being managed as a nature reserve but” shall be omitted.

• (9) In section 37 of that Act (protection for interests in the countryside) for the words “and the Act of 1949” there shall be substituted the words “the Act of 1949 and the Wildlife and Countryside Act 1981”.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In section 31(10) of the Highways Act 1980 (dedication of way as highway presumed after public use for 20 years), for the words from “subsection (4)” to “that section” there shall be substituted the words “section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement” and the words “or of that subsection” onwards shall be omitted.

• (12) Section 80 of that Act (power of highway authority to fence highways) shall have effect in relation to any area in the countryside of which walls of a particular construction are a feature, as if references to fences included references to walls of that construction ; and in exercising their powers under that section in relation to any such area, a highway authority shall have regard to the desirability of exercising the powers conferred by the foregoing provisions of this subsection.

• (13) In section 136(4) of that Act (time when hedges may not be required to be cut or pruned) immediately before the words “between the last day of September and the first day of April” there shall be inserted the word “except”.

• (14) In section 4(5) of the Zoo Licensing Act 1981 (grant or refusal of licence) the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975 shall be omitted and there shall be added at the end the following entry—

“Part I of the Wildlife and Countryside Act 1981”.

Repeals and savings.

73

• (1) The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule.

• (2) Nothing in the repeals made by this section shall affect the operation of sections 27 to 32 of the 1949 Act in relation to any survey begun before the commencement date.

• (3) Nothing in the repeals made by this section shall affect the operation of sections 33 and 34 of the 1949 Act and Parts II, III, and IV of Schedule 3 to the 1968 Act in relation to any review begun before the commencement date.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title commencement and extent.

74

• (1) This Act may be cited as the Wildlife and Countryside Act 1981.

• (2) The following provisions of this Act, namely—

shall come into force on the expiration of the period of one month beginning with the passing of this Act.

• (3) The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed under this subsection for different provisions, different purposes or different areas.

• (4) An order under subsection (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

• (5) The following provisions of this Act, namely—

• (5A) Sections 29 and 30 extend to Scotland only.

• (6) This Act, except section 15(1) and Schedule 10 and, so far as regards any enactment mentioned in Schedule 17 that so extends, section 73 and that Schedule, does not extend to Northern Ireland.

SCHEDULE ZA1 — Birds which re-use their nests

NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Osprey	Pandion haliaetus

SCHEDULE A1 — Protected nests and nest sites: birds

Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla

SCHEDULE 1 — Birds which are Protected by Special Penalties

Part I — At All Times

Common name	Scientific name
Avocet	Recurvirostra avosetta
Bee-eater	Merops apiaster
Bittern	Botaurus stellaris
Bittern, Little	Ixobrychus minutus
Bluethroat	Luscinia svecica
Brambling	Fringilla montifringilla
Bunting, Cirl	Emberiza cirlus
Bunting, Lapland	Calcarius lapponicus
Bunting, Snow	Plectrophenax nivalis
Buzzard, Honey	Pernis apivorus
Capercaillie	Tetracurogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crake, Spotted	Porzana porzana
Crossbills (all species)	Loxia
Curlew, Stone	Burhinus oedicnemus
Divers (all species)	Gavia
Dotterel	Charadrius morinellus
Duck, Long-tailed	Clangula hyemalis
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Falcon, Gyr	Falco rusticolus
Fieldfare	Turdus pilaris
Firecrest	Regulus ignicapillus
Garganey	Anas querquedula
Godwit, Black-tailed	Limosa limosa
Goshawk	Accipiter gentilis
Grebe, Black-necked	Podiceps nigricollis
Grebe, Slavonian	Podiceps auritus
Greenshank	Tringa nebularia
Gull, Little	Larus minutus
Gull, Mediterranean	Larus melanocephalus
Harriers (all species)	Circus
Heron, Purple	Ardea purpurea
Hobby	Falco subbuteo
Hoopoe	Upupa epops
Kingfisher	Alcedo atthis
Kite, Red	Milvus milvus
Merlin	Falco columbarius
Oriole, Golden	Oriolus oriolus
Osprey	Pandion haliaetus
Owl, Barn	Tyto alba
Owl, Snowy	Nyctea scandiaca
Peregrine	Falco peregrinus
Petrel, Leach’s	Oceanodroma leucorhoa
Phalarope, Red-necked	Phalaropus lobatus
Plover, Kentish	Charadrius alexandrinus
Plover, Little Ringed	Charadrius dubius
Quail, Common	Coturnix coturnix
Redstart, Black	Phoenicurus ochruros
Redwing	Turdus iliacus
Rosefinch, Scarlet	Carpodacus erythrinus
Ruff	Philomachus pugnax
Sandpiper, Green	Tringa ochropus
Sandpiper, Purple	Calidris maritima
Sandpiper, Wood	Tringa glareola
Scaup	Aythya marila
Scoter, Common	Melanitta nigra
Scoter, Velvet	Melanitta fusca
Serin	Serinus serinus
Shorelark	Eremophila alpestris
Shrike, Red-backed	Lanius collurio
Spoonbill	Platalea leucorodia
Stilt, Black-winged	Himantopus himantopus
Stint, Temminck’s	Calidris temminckii
Swan, Bewick’s	Cygnus bewickii
Swan, Whooper	Cygnus cygnus
Tern, Black	Chlidonias niger
Tern, Little	Sterna albifrons
Tern, Roseate	Sterna dougallii
Tit, Bearded	Panurus biarmicus
Tit, Crested	Parus cristatus
Treecreeper, Short-toed	Certhia brachydactyla
Warbler, Cetti’s	Cettia cetti
Warbler, Dartford	Sylvia undata
Warbler, Marsh	Acrocephalus palustris
Warbler, Savi’s	Locustella luscinioides
Whimbrel	Numenius phaeopus
Woodlark	Lullula arborea
Wryneck	Jynx torquilla

Part II — During the Close Season

Common name	Scientific name
Goldeneye	Bucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)	Anser anser
Pintail	Anas acuta

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.

SCHEDULE 1A — Birds which are Protected from Harassment

Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Harrier, Hen	Circus cyaneus
Kite, Red	Milvus milvus

SCHEDULE 2 — Birds which may be Killed or Taken

Part I — Outside the Close Season

Common name	Scientific name
Capercaillie	Tetrao urogallus
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Goose, White-fronted (in England and Wales only) , except ... Greenland White-fronted Goose	Anser albifrons except ... Anser albifrons flavirostris
Grouse, Black	Tetrao tetrix
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part IA — Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part 1B — Birds included in Part 1 which may only be killed or taken on land with section 16AA licence

Common name	Scientific name
Grouse, red	Lagopus lagopus scoticus

Part II — By Authorised Persons at all Times

Common name	Scientific name
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 3 — Birds which may be Sold

Part I — Alive at all Times if Ringed and Bred in Captivity

Common name	Scientific name
Blackbird	Turdus merula
Brambling	Fringilla montifringilla
Bullfinch	Pyrrhula pyrrhula
Bunting, Reed	Emberiza schoeniclus
Chaffinch	Fringilla coelebs
Dunnock	Prunella modularis
Goldfinch	Carduelis carduelis
Greenfinch	Carduelis chloris
Jackdaw	Corvus monedula
Jay	Garrulus glandarius
Linnet	Carduelis cannabina
Magpie	Pica pica
Owl, Barn	Tyto alba
Redpoll	Carduelis flammea
Siskin	Carduelis spinus
Starling	Sturnus vulgaris
Thrush, Song	Turdus philomelos
Twite	Carduelis flavirostris
Yellowhammer	Emberiza citrinella

Part IA — Alive if taken in captivity or by certain persons outside close season or during first 28 days of close season

Common name	Scientific name
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus

Part II — Dead at all Times

Common name	Scientific name
. . .	. . .
Woodpigeon	Columba palumbus

Part IIA — Dead if killed outside close season by certain persons

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Grouse, Black	Tetrao tetrix
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part III — Dead from 1st September to 28th February

Common name	Scientific name
Capercaillie	Tetrao urogallus
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Mallard	Anas platyrhynchos
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 4 — Birds Which Must Be Registered and Ringed if Kept in Captivity

Common name	Scientific name
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Falcons (all species)	Falconidae
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)	Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)
. . .	. . .
. . .	. . .
. . .	. . .
Osprey	Pandion haliaetus
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 5 — Animals which are Protected

Common name	Scientific name
Adder (in respect of section 9(5) only)	Vipera berus
Allis Shad (in respect of section 9(1) and (4)(a) only)	Alosa alosa
Anemone, Ivell’s Sea	Edwardsia ivelli
Anemone, Startlet Sea	Nematosella vectensis
Apus	Triops cancriformis
Bats, Horseshoe (all species but in respect of section 9(4)(b) and (c) and (5) only)	Rhinolophidae
Bats, Typical (all species but in respect of section 9(4)(b) and (c) and (5) only)	Vespertilionidae
Beetle	Graphoderus zonatus
Beetle	Hypebaeus flavipes
Beetle	Paracymus aeneus
Beetle, Lesser Silver Water	Hydrochara caraboides
Beetle, Mire Pill (in respect of section 9(4)(a) only)	Curimopsis nigrita
Beetle, Rainbow Leaf	Chrysolina cerealis
Beetle, Stag (in respect of section 9(5) only)	Lucanus cervus
Beetle, Violet Click	Limoniscus violaceus
Burbot	Lota lota
. . .	. . .
Butterfly, Northern Brown Argus	Aricia artaxerxes
Butterfly, Adonis Blue	Lysandra bellargus
Butterfly, Chalkhill Blue	Lysandra coridon
Butterfly, Silver-studded Blue	Plebejus argus
Butterfly, Small Blue	Cupido minimus
Butterfly, Large Copper	Lycaena dispar
Butterfly, Purple Emperor	Apatura iris
Butterfly, Duke of Burgandy Fritillary	Hamearis lucina
Butterfly, Glanville Fritillary	Melitaea cinxia
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
Butterfly, High Brown Fritillary	Argynnis adippe
Butterfly, Marsh Fritillary	Eurodryas aurinia
Butterfly, Pearl-bordered Fritillary	Boloria euphrosyne
Butterfly, Black Hairstreak	Strymonidia pruni
Butterfly, Brown Hairstreak	Thecla betulae
Butterfly, White Letter Hairstreak	Stymonida w-album
Butterfly, Large Heath	Coenonympha tullia
Butterfly, Large Blue (in respect of section 9(4)(b) and (c) and (5) only)	Maculinea arion
Butterfly, Mountain Ringlet	Erebia epiphron
. . .	. . .
Butterfly, Chequered Skipper	Carterocephalus palaemon
Butterfly, Lulworth Skipper	Thymelicus acteon
Butterfly, Silver Spotted Skipper	Hesperia comma
Butterfly, Swallowtail	Papilio machaon
Butterfly, Large tortoiseshell	Nymphalis polychloros
Butterfly, Wood White	Leptidea sinapis
Cat, Wild (in respect of section 9(4)(b) and (c) and (5) only)	Felis silverstris
Cicada, New Forest	Cicadetta montana
Crayfish, Atlantic Stream	Austropotamobius pallipes
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
Dameselfly, Southern	Coenagrion mercuriale
. . .	. . .
. . .	. . .
“Dolphins (all species but in respect of section 9(4A) and (5) only)	Cetacea”
Dormouse (in respect of section 9(4)(b) and (c) and (5) only)	Muscardinus avellanarius
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)	Pelophylax lessonae
Goby, Couch’s	Gobius couchii
Goby, Giant	Gobius cobitis
Grasshopper, Wart-biter	Decticus verrucivorus
Hatchet Shell, Northern	Thyasira gouldi
Hydroid, Marine	Clavopsella navis
. . .	. . .
Lagoon Snail, De Folin’s	Caecum armoricum
Lagoon Worm, Tentacled (in respect of section 9(4)(a) only)	Alkmaria romijni
Leech, Medicinal	Hirudo medicinalis
Lizard, Sand (in respect of section 9(4)(b) and (c) and (5) only)	Lacerta agilis
Lizard, Viviparous (in respect of section 9(5) only)	Lacerta vivipara
Marten, Pine	Martes martes
Mat. Trembling Sea	Victorella pavida
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
. . .	. . .
Moth, Fiery Clearwing	Bembecia chrysidiformis
Moth, Fisher’s Estuarine(in respect of section 9(4)(b) and (c) and (5) only)	Gortyna borelii
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
Moth, Slender Scotch Burnet (in respect of section 9(5) only)	Zygaena loti subspecies scotica
Moth, Sussex Emerald	Thalera fimbrialis
Moth, Talisker Burnet (in respect of section 9(5) only)	Zygaena lonicerae subspecies jocelynae
. . .	. . .
Mussel, Fan (in respect of section 9(1), (2) and (5) only)	Atrina fragilis
Mussel, Freshwater Pearl	Margaritifera margaritifera
Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)	Triturus cristatus
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
Otter, Common (in respect of section 9(4)(b) and (c) and (5) only)	Lutra lutra
. . .	. . .
“Porpoises (all species but in respect of section 9(5) only)	Cetacea”
Sandworm, Lagoon	Armandia cirrhosa
Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only	Eunicella verrucosa
Seahorse, Short Snouted (with respect to England and Walesonly)	Hippocampus hippocampus
Seahorse, Spiny (with respect to England and Walesonly)	Hippocampus guttulatus
Sea Slug, Lagoon	Tenellia adspersa
Shad, Twaite (in respect of section 9(1) and (4)(a)only)	Alosa fallax
Shark, Angel (in respect of section 9(1), (2) and (5) only)	Squatina squatina
Shark, Basking	Cetorhinus maximus
Shrimp, Fairy	Chirocephalus diaphanus
Shrimp, Lagoon Sand (in respect of section 9(4)(a) only)	Gammarus insensiblis
Skate, White (in respect of section 9(1), (2) and (5) only)	Rostroraja alba
Slow-worm (in respect of section 9(5) only)	Anguis fragilis
. . .	. . .
Snail, Glutinous	Myxas glutinosa
Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England and Walesonly)	Helix pomatia
Snail, Sandbowl	Catinella arenaria
Snake, Grass (in respect of section 9(5) only)	Natrix helvetica (also known as Natrix natrix)
Snake, Smooth (in respect of section 9(4)(b) and (c) and (5) only)	Coronella austriaca
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
Sturgeon (in respect of section 9(4)(b) and (c) and (5) only)	Acipenser sturio
Toad, Common (in respect of section 9(5) only)	Bufo bufo
Toad, Natterjack (in respect of section 9(4)(b) and (c) and (5) only)	Bufo calamita
“Turtle, Flatback	Natator depressus”
Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)	Chelonia mydas
Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)	Eretmochelys imbricata
Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)	Lepidochelys kempii
Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)	Dermochelys coriacea
Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)	Caretta caretta
Turtle, Olive Ridley	Lepidochelys olivacea
. . .	. . .
Vendace	Coregonus albula
Vole, Water . . .	Arvicola terrestris
Walrus	Odebenus rosmarus
Whale (all species) but in respect of section 9(4A) and (5) only	Cetacea
Whitefish	Coregonus lavaretus

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

NOTE 2. ...

SCHEDULE 5A — Animals which are Protected under Section 10A in their Close Season

Common name	Scientific name
. . .	. . .
Hare, brown	Lepus europaeus

SCHEDULE 6 — Animals which may not be Killed or Taken by Certain Methods

Common name	Scientific name
Badger	Meles meles
Bats, Horseshoe (all species)	Rinolophidae
Bats, Typical (all species)	Vespertilionidae
Cat, Wild	Felis silvestris
Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, Common	Delphinis delphis
Dormice (all species)	Gliridae
Hedgehog	Erinaceus europaeus
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Polecat	Mustela putorius
Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena
Shrews (all species)	Soricidae
Squirrel, Red	Sciurus vulgaris

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE6ZA — Animals which may not be killed or taken by trapping or snaring

Common name	Scientific name
Badger	Meles meles
Beaver, European	Castor fiber
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Stoat (otherwise known as Ermine)	Mustela erminea

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 6A — Animals not to be Poached

Common name	Scientific name
Hare, mountain	Lepus timidus
Hare, brown	Lepus europaeus
Rabbit	Oryctolagus cuniculus

SCHEDULE 7 — Protection of Certain Mammals Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

The Ground Game Act 1880

1

• (1) Notwithstanding the provisions of section 6 of the Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

• (2) In this paragraph “ ground game ” means hares and rabbits.

The Agriculture (Scotland) Act 1948

2

• (1) Notwithstanding the provisions of section 50(1)(a) of the Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise.

• (2) The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

• (3) An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.

• (4) In this paragraph “ ground game ” means hares and rabbits.

The Dogs (Protection of Livestock) Act 1953

3

• (1) At the end of subsection (2) of section 1 of the Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words

or (c) being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep

• (2) After that subsection there shall be inserted the following subsection—

(2A) Subsection (2)(c) of this section shall not apply in relation to— (a) a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or (b) a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.

The Deer Act 1963

4

For subsection (3) of section 10 of the Deer Act 1963 (general exceptions) there shall be substituted the following subsections—

(3) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy. (4) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which— (a) is of not less gauge than 12 bore ; (b) has a barrel less than 24 inches (609.6 millimetres) in length ; and (c) is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).

5

• (1) After section 10 of that Act there shall be inserted the following section—

(10A) (1) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of— (a) the taking of killing of any deer by means of shooting ; or (b) the injuring of any deer by means of shooting in an attempt to take or kill it, on any cultivated land, pasture or enclosed woodland. (2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of— (a) the taking or killing of any deer by means of shooting ; or (b) the injuring of any deer by means of shooting in an attempt to take or kill it, on any cultivated land, pasture or enclosed woodland. (2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less guage than 12 bore which is loaded with— (a) a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes) ; or (b) a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA). (3) An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respects anything done in relation to any deer on any land unless he shows that— (a) he had reasonable grounds for believing that caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land ; (b) it was likely that further damage would be so caused and any such damage was likely to be serious ; and (c) his action was necessary for the purpose of preventing any such damage. (4) The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied. (5) Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order. (6) In this section— “ agriculture Minister ” means the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ; “ authorised person ”means— (a) the occupier of the land on which the action is taken ; (b) any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ; (c) any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or (d) any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.

• (2) In sections 1(1) and 3(1) of that Act for the words “sections 10 and 11” there shall be substituted the words “sections 10, 10A and 11”.

• (3) For subsection (1) of section 12 of that Act (orders) there shall be substituted the following subsections—

(1) Any power to make orders under this Act shall be exercisable by statutory instrument. (1A) A statutory instrument containing an order under section 1(2) or 3(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. (1B) No order under section 10A(4) of this Act shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

6

• (1) In paragraph 1 of Schedule 2 to that Act (prohibited firearms and ammunition) the words “of less guage than 12 bore” shall be omitted.

• (2) In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.

The Conservation of Seals Act 1970

7

• (1) In subsection (1)(c) of section 10 of the Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words

or (iv) the protection of flora or fauna in an area to which subsection (4) of this section applies,

• (2) In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.

• (3) After subsection (3) of that section there shall be inserted the following subsection—

(4) This subsection applies to any area which— (a) is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ; (b) has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ; (c) is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or (d) has been designated as a marine nature reserve under section 36 of that Act.

The Badgers Act 1973

8

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

9

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

10

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

11

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

12

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

SCHEDULE 8 — Plants which are Protected

Common name	Scientific name
Adder’s-tongue, Least	Ophioglossum lusitanicum
Alison, Small	Alyssum alyssoides
Anomodon, Long-leaved	Anomodon longifolius
Beech-lichen, New Forest	Enterographa elaborata
Blackwort	Southbya nigrella
Bluebell (in respect of section 13(2) only)	Hyacinthoides non-scripta
Bolete, Royal	Boletus regius
Broomrape, Bedstraw	Orobanche caryophyllacea
Broomrape, Oxtongue	Orobanche loricata
Broomrape, Thistle	Orobanche reticulata
Cabbage, Lundy	Rhynchosinapis wrightii
Calamint, Wood	Calamintha sylvatica
Caloplaca, Snow	Caloplaca nivalis
Catapyrenium, Tree	Catapyrenium psoromoides
Catchfly, Alpine	Lychnis alpina
Catillaria, Laurer’s	Catellaria laurei
Centaury, Slender	Centaurium tenuiflorum
Cinquefoil, Rock	Potentilla rupestris
Cladonia, Convoluted	Cladonia convoluta
Cladonia, Upright Mountain	Cladonia stricta
Clary, Meadow	Salvia pratensis
Club-rush, Triangular	Scirpus triquetrus
Colt’s-foot, Purple	Homogyne alpina
Cotoneaster, Wild	Cotoneaster integerrimus
Cottongrass, Slender	Eriophorum gracile
Cow-wheat, Field	Melampyrum arvense
Crocus, Sand	Romulea columnae
Crystalwort, Lizard	Riccia bifurca
Cudweed, Broad-leaved	Filago pryamidata
Cudweed, Jersey	Gnaphalium luteoalbum
Cudweed, Red-tipped	Filago lutescens
Cut-grass	Leersia oryzoides
Deptford Pink (in respect of England and Wales only)	Dianthus armeria
Diapensia	Diapensia lapponica
Dock, Shore (in respect of section 13(2) only)	Rumex rupestris
Earwort, Marsh	Jamesoniella undulifolia
Eryngo, Field	Eryngium campestre
Feather-moss, Polar	Hygrohypnum polare
Fern, Dickie’s Bladder	Cystopteris dickieana
Fern, Killarney (in respect of section 13(2) only)	Trichomanes speciosum
Flapwort, Norfolk	Leiocolea rutheana
Fleabane, Alpine	Erigeron borealis
Fleabane, Small	Pulicaria vulgaris
Frostwort, Pointed	Gymnomitrion apiculatum
Fungus, Hedgehog	Hericium erinaceum
Galingale, Brown	Cyperus fuscus
Gentian, Alpine	Gentiana nivalis
Gentian, Dune	Gentianella uliginosa
Gentian, Early (in respect of section 13(2) only)	Gentianella anglica
Gentian, Fringed	Gentianella ciliata
Gentian, Spring	Gentiana verna
Germander, Cut-leaved	Teucrium botrys
Germander, Water	Teucrium scordium
Gladiolus, Wild	Gladiolus illyricus
Goblin Lights	Catolechia wahlenbergii
Goosefoot, Stinking	Chenopodium vulvaria
Grass-poly	Lythrum hyssopifolia
Grimmia, Blunt-leaved	Grimmia unicolor
Gyalecta, Elm	Gyalecta ulmi
Hare’s-ear, Sickle-leaved	Bupleurum falcatum
Hare’s-ear, Small	Bupleurum baldense
Hawk’s-beard, Stinking	Crepis foetida
Hawkweed, Northroe	Hieracium northroense
Hawkweed, Shetland	Hieracium zetlandicum
Hawkweed, Weak-leaved	Hieracium attenuatifolium
Heath, Blue	Phyllodoce caerulea
Helleborine, Red	Cephalanthera rubra
Helleborine, Young’s	Epipactis youngiana
Horsetail, Branched	Equisetum ramosissimum
Hound’s-tongue, Green	Cynoglossum germanicum
Knawel, Perennial	Scleranthus perennis
Knotgrass, Sea	Polygonum maritimum
Lady’s-slipper (in respect of section 13(2) only)	Cypripedium calceolus
. . .	. . .
. . .	. . .
Lecanactis, Churchyard	Lecanactis hemisphaerica
Lecanora, Tarn	Lecanora archariana
Lecidea, Copper	Lecidea inops
Leek, Round-headed	Allium sphaerocephalon
Lettuce, Least	Lactuca saligna
Lichen, Arctic Kidney	Nephroma arcticum
Lichen, Ciliate Strap	Heterodermia leucomelos
Lichen, Coralloid Rosette	Heterodermia propagulifera
Lichen, Ear-lobed Dog	Peltigera lepidophora
Lichen, Forked Hair	Bryoria furcellata
Lichen, Golden Hair	Teloschistes flavicans
Lichen, Orange Fruited Elm	Caloplaca luteoalba
Lichen, River Jelly	Collema dichotomum
Lichen, Scaly Breck	Squamarina lentigera
Lichen, Stary Breck	Buellia asterella
Lily, Snowdon	Lloydia serotina
Liverwort	Petallophyllum ralfsi
Liverwort, Lindenberg’s Leafy	Adelanthus lindenbergianus
Marsh-mallow, Rough	Althaea hirsuta
Marshwort, Creeping (in respect of section 13(2) only)	Apium repens
Milk-parsley, Cambridge	Selinum carvifolia
Moss	Drepanocladius vernicosus
Moss, Alpine Copper	Mielichoferia mielichoferi
Moss, Baltic Bog	Sphagnum balticum
Moss, Blue Dew	Saelania glaucescens
Moss, Blunt-leaved Bristle	Orthotrichum obtusifolium
Moss, Bright Green Cave	Cyclodictyon laetevirens
Moss, Cordate Beard	Barbula cordata
Moss, Cornish Path	Ditrichum cornubicum
Moss, Derbyshire Feather	Thamnobryum angustifolium
Moss, Dune Thread	Bryum mamillatum
Moss, Flamingo	Desmatodon cernuus
Moss, Glaucous Beard	Barbula glauca
Moss, Green Shield	Buxbaumia viridis
Moss, Hair Silk	Plagiothecium piliferum
Moss, Knothole	Zygodon forsteri
Moss Large Yellow Feather	Scorpidium turgescens
Moss, Millimetre	Micromitrium tenerum
Moss, Multifruited River	Cryphaea lamyana
Moss, Nowell’s Limestone	Zygodon gracilis
Moss, Rigid Apple	Bartramia stricta
Moss, Round-leaved Feather	Rhynocostegium rotundifolium
Moss, Schleicher’s Thread	Bryum schleicheri
Moss, Triangular Pygmy	{ Acaulon triquetrum
Moss, Vaucher’s Feather	Hypnum vaucheri
Mudwort, Welsh	Limosella australis
Naiad, Holly-leaved	Najas marina
Naiad, Slender (in respect of section 13(2) only)	Najas flexilis
Orache, Stalked	Halimione pedunculata
Orchid, Early Spider	Ophryas sphegodes
Orchid, Fen (in respect of section 13(2) only)	Liparis loeselii
Orchid, Ghost	Epipogium aphyllum
Orchid, Lapland Marsh	Dactylorhiza lapponica
Orchid, Late Spider	Ophrys fuciflora
Orchid, Lizard	Himantoglossum hircinum
Orchid, Military	Orchis militaris
Orchid, Monkey	Orchis simia
Pannaria, Caledonia	Pannaria ignobilis
Parmelia, New Forest	Parmelia minarum
Parmentaria, Oil Stain	Parmentaria chilensis
Pear, Plymouth	Pyrus cordata
Penny-cress, Perfoliate	Thlaspi perfoliatum
Pennyroyal	Mentha pulegium
Pertusaria, Alpine Moss	Pertusaria bryontha
Physcia, Southern Grey	Physcia tribacioides
Pigmyweed	Crassula aquatica
Pine, Ground	Ajuga chamaepitys
Pink, Cheddar	Dianthus gratianopolitanus
Pink, Childling	Petroraghia nanteuilii
Plantain, Floating Water (in respect of section 13(2) only)	Luronium natans
Polypore, Oak	Buglossoporus pulvinus
Pseudocyphellaria, Ragged	Pseudocyphellaria lacerata
Psora, Rusty Alpine	Psora rubiformis
Puffball, Sandy Stilt	Battarraea phalloides
Ragwort, Fen	Senecio paludosus
Ramping-fumitory, Martin’s	Fumaria martinii
Rampion, Spiked	Phyteuma spicatum
Restharrow, Small	Ononis reclinata
Rock-cress, Alpine	Arabis alpina
Rock-cress, Bristol	Arabis stricta
Rock Nail	Calicium corynellum
Rustworth, Western	Marsupella profunda
Sandwort, Norwegian	Arenaria norvegica
Sandwort, Teesdale	Minuartia stricta
Saxifrage, Drooping	Saxifraga cernua
Saxifrage, Marsh (in respect of section 13(2) only)	Saxifrage hirulus
Saxifrage, Tufted	Saxifraga cespitosa
Solenopsora, Serpentine	Solenopsora liparina
Solomon’s-seal, Whorled	Polygonatum verticillatum
Sow-thistle, Alpine	Cicerbita alpina
Spearwort, Adder’s-tongue	Ranunculus ophioglossifolius
Speedwell, Fingered	Veronica triphyllos
Speedwell, Spiked	Veronica spicata
. . .	. . .
Spike-rush, Dwarf	Eleocharis parvula
Stack Fleawort, South	Tephroseris integrifolia (ssp maritima)
Star-of-Bethlehem, Early	Gagea bohemica
Starfruit	Damasonium alisma
Stonewort, Bearded	Chara canescens
Stonewort, Foxtail	Lamprothamnium papulosum
Strapwort	Corrigiola litoralis
Sulphur-tresses, Alpine	Alectoria ochroleuca
Threadmoss, Long-leaved	Bryum neodamense
Tree Lungwort (in respect of section 13(2) only)	Lobaria pulmonaria
Turpswort	Geocalyx graveolens
Violet, Fen	Viola persicifolia
Viper’s-grass	Scorzonera humilis
Water-plantain, Ribbon leaved	Alisma gramineum
Wood-sedge, Starved	Carex depauperata
Woodsia, Alpine	Woodsia alpina
Woodsia, Oblong	Woodsia ilvensis
Wormwood, Field	Artemisia campestris
Woundwort, Downy	Stachys germanica
Woundwort, Limestone	Stachys alpina
Yellow-rattle, Greater	Rhinanthus serotinus

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 9 — Animals and Plants to which Section 14 Applies

Part I — NON-NATIVE Animals which are established in the wild

Common name	Scientific name
Bass, Large-mouthed Black	Micropterus salmoides
Bass, Rock	Ambloplites rupestris
Bitterling	Rhodeus sericeus
Boar, Wild	Sus scrofa
. . .	. . .
Capercaillie	Tetrao urogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
. . .	. . .
Crab, Chinese Mitten	Eriocheir sinensis
Crayfish, Noble	Astacus astacus
Crane, Common	Grus grus
Crayfish, Red Swamp	Procambarus clarkii
Crayfish, Signal	Pacifastacus leniusculus
Crayfish, Spiny-cheek	Orconectes limosus
Crayfish, Turkish	Astacus leptodactylus
Deer, Chinese Water	Hydropotes inermis
Deer, Muntjac	Muntiacus reevesi
Deer, Sika	Cervus nippon
Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer	Any hybrid of Cervus nippon
. . .	. . .
. . .	. . .
Dormouse, Fat	Glis glis
Duck, Carolina Wood	Aix sponsa
Duck, Mandarin	Aix galericulata
Duck, Ruddy	Oxyura jamaicensis
Eagle, White-tailed	Haliaetus albicilla
Flatworm	Kontikia andersoni
Flatworm	Kontikia ventrolineata
Flatworm, Australian	Australoplana sanguinea
. . .	. . .
Frog, Edible	Rana esculenta
Frog, European Tree (otherwise known as Common tree frog)	Hyla arborea
Frog, Marsh	Rana ridibunda
. . .	. . .
Goose, Bar-headed	Anser indicus
Goose, Barnacle	Branta leucopsis
Goose, Canada	Branta canadensis
Goose, Egyptian	Alopochen aegyptiacus
Goose, Emperor	Anser canagicus
Goose, Snow	Anser caerulescens
Goshawk	Accipiter gentilis
Heron, Night	Nycticorax nycticorax
Kite, Red	Milvus milvus
Limpet, Slipper	Crepidula fornicata
Lizard, Common Wall	Podarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)	Cynomys
Mink, American	Mustela vison
Newt, Alpine	Triturus alpestris
Newt, Italian Crested	Triturus carnifex
Owl, Barn	Tyto alba
Owl, Eagle	Bubo bubo
Oyster Drill, American	Urosalpinx cinerea
Parakeet, Monk	Myiopsitta monachus
Parakeet, Ring-necked	Psittacula krameri
Partridge, Chukar	Alectoris chukar
Partridge, Rock	Alectoris graeca
Pheasant, Golden	Chrysolophus pictus
Pheasant, Lady Amherst’s	Chrysolophus amherstiae
Pheasant, Reeves’	Syrmaticus reevesii
Pheasant, Silver	Lophura nycthemera
Pochard, Red-crested	Netta rufina
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Rat, Black	Rattus rattus
Shelduck, Ruddy	Tadorna ferruginea
Snake, Aesculapian	Elaphe longissima
Squirrel, Grey	Sciurus carolinensis
Swan, Black	Cygnus atratus.
Terrapin, European Pond	Emys orbicularis
Toad, African Clawed	Xenopus laevis
Toad, Midwife	Alytes obstetricans
Toad, Yellow-bellied	Bombina variegata
Wallaby, Red-necked	Macropus rufogriseus
Wels (otherwise known as European catfish)	Silurus glanis
Zander	Stizostedion lucioperca
With respect to any area in England which on 31st May 2021— is a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017, oris within 500 metres of the boundary of a site described in paragraph (a)—
Partridge, Red-leggedPheasant, Common	Alectoris rufaPhasianus colchicus

PART IA — NATIVE ANIMALS

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Common name	Scientific name
Beaver, Eurasian	Castor fiber
Capercaillie	Tetrao urogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crane, Common	Grus grus
Eagle, White-tailed	Haliaetus albicilla
Goshawk	Accipiter gentilis
Kite, Red	Milvus milvus
Owl, Barn	Tyto alba.

PART IB — ANIMALS NO LONGER NORMALLY PRESENT

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Common name	Scientific name
. . .	. . .
Boar, Wild	Sus Scrofa.

Part II — Plants

Common name	Scientific name
Alexanders, Perfoliate	Smyrnium perfoliatum
Algae, Red	Grateloupia luxurians
Archangel, Variegated Yellow	Lamiastrum galeobdolon subsp. argentatum
Azalea, Yellow	Rhododendron luteum
Balsam, Himalayan	Impatiens glandulifera
Cotoneaster	Cotoneaster horizontalis
Cotoneaster, Entire-leaved	Cotoneaster integrifolius
Cotoneaster, Himalayan	Cotoneaster simonsii
Cotoneaster, Hollyberry	Cotoneaster bullatus
Cotoneaster, Small-leaved	Cotoneaster microphyllus
Creeper, False Virginia	Parthenocissus inserta
Creeper, Virginia	Parthenocissus quinquefolia
Dewplant, Purple	Disphyma crassifolium
Fanwort	Cabomba caroliniana
Fern, Water	Azolla filiculoides
Fig, Hottentot	Carpobrotus edulis
Garlic, Three-cornered	Allium triquetrum
Hogweed, Giant	Heracleum mantegazzianum
Hyacinth, water	Eichhornia crassipes
Kelp, Giant	Macrocystis angustifolia
Kelp, Giant	Macrocystis integrifolia
Kelp, Giant	Macrocystis laevis
Kelp, Giant	Macrocystis pyrifera
Kelp, Japanese	Laminaria japonica
Knotweed, Giant	Fallopia sachalinensis
Knotweed, Hybrid	Fallopia japonica x Fallopia sachalinensis
Knotweed, Japanese	Fallopia japonica
Knotweed, Japanese	Polygonum cuspidatum
Leek, Few-flowered	Allium paradoxum
Lettuce, water	Pistia stratiotes
Montbretia	Crocosmia x crocosmiiflora
Parrot's-feather	Myriophyllum aquaticum
Pennywort, Floating	Hydrocotyle ranunculoides
Potato, Duck	Sagittaria latifolia
Primrose, Floating Water	Ludwigia peploides
Primrose, Water	Ludwigia grandiflora
Primrose, Water	Ludwigia uruguayensis
Rhododendron	Rhododendron ponticum
Rhododendron	Rhododendron ponticum x Rhododendron maximum
Rhubarb, Giant	Gunnera tinctoria
Rose, Japanese	Rosa rugosa
. . .	. . .
Seafingers, Green	Codium fragile
Seafingers, Green	Codium fragile tomentosoides
Seaweed, Californian Red	Pikea californica
Seaweed, Hooked Asparagus	Asparagopsis armata
Seaweed, Japanese	Sargassum muticum
Seaweeds, Laver (except native species)	Porphyra spp except -
	p. amethystea
	p. leucosticta
	p. linearis
	p. miniata
	p. purpurea
	p. umbilicalis
Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)	Crassula helmsii
Wakame	Undaria pinnatifida
Waterweed, Curly	Lagarosiphon major
Waterweeds Waterweeds (except Nuttall’s Waterweed)	All species of the genus Elodea. All species of the genus Elodea, except Elodea nuttallii

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 9A — Species control agreements and orders (England and Wales)

PART 1 — Overview and interpretation

Overview

1

• (1) This Schedule provides for—

• (a) species control agreements between environmental authorities and owners of premises, and

• (b) species control orders made by environmental authorities,

and for related matters.

• (2) A species control agreement or species control order may relate to—

• (a) a species of animal or plant included on the list of species of special concern,

• (b) an invasive non-native species of animal or plant not falling within sub-paragraph (a), or

• (c) a species of animal that is no longer normally present in Great Britain.

This is subject to the other provisions of this Schedule.

• (3) The following definitions apply for the purposes of this Schedule.

Definitions relating to species

2

• (1) “Species” means any kind of animal or plant.

• (2) A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on—

• (a) biodiversity,

• (b) other environmental interests, or

• (c) social or economic interests.

• (3) A species is “non-native” if—

• (a) it is listed in Part 1 or 2 of Schedule 9, or

• (b) in the case of a species of animal, it is a species—

• (i) whose natural range does not include any part of Great Britain, and

• (ii) which has been introduced into Great Britain or is present in Great Britain because of other human activity.

• (4) References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds).

• (5) A species of animal is “no longer normally present in Great Britain” if—

• (a) it is a species listed in Part 1B of Schedule 9, or

• (b) it is a species—

• (i) whose natural range includes all or any part of Great Britain, and

• (ii) which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state.

• (6) The “list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.

Environmental authorities

3

• (1) “Environmental authority”, in relation to premises in England, means—

• (a) the Secretary of State,

• (b) the Environment Agency,

• (c) Natural England, and

• (d) the Forestry Commissioners.

• (2) “Environmental authority”, in relation to premises in Wales, means—

• (a) the Welsh Ministers, and

• (b) the Natural Resources Body for Wales.

Owners and dwellings

4

• (1) “Owner”, in relation to premises consisting of land, means—

• (a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion,

• (b) a person in possession under a lease, or

• (c) a person who for the time being exercises powers of management or control over the land.

• (2) “Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.

Operations

5

• (1) “Species control operations” are operations to do one or more of the following—

• (a) eradicate a species from premises;

• (b) control a species on premises;

• (c) prevent a species from returning to premises.

• (2) References to “carrying out” operations include arranging for operations to be carried out.

PART 2 — Species control agreements

Making of species control agreements

6

• (1) An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises—

• (a) an invasive non-native species, or

• (b) a species of animal that is no longer normally present in Great Britain.

• (2) Under a species control agreement the parties agree to the carrying out of species control operations.

• (3) Before entering into a species control agreement with an owner, an environmental authority must be satisfied that—

• (a) the provisions of the agreement are proportionate to the objective to be achieved, and

• (b) in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one.

• (4) Before entering into a species control agreement relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

• (a) the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

• (b) the animals on the premises are having a significant adverse impact on—

• (i) biodiversity,

• (ii) other environmental interests, or

• (iii) social or economic interests, and

• (c) there is no appropriate alternative way of obviating that impact.

• (5) A species control agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers.

Content of species control agreements

7

• (1) A species control agreement must provide for—

• (a) the species control operations to be carried out,

• (b) the party who is to carry them out, and

• (c) the time by which they are to be carried out.

• (2) A species control agreement may contain such supplementary provision as the parties consider appropriate.

• (3) That may include provision as to—

• (a) how species control operations are to be carried out,

• (b) payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or

• (c) any species control operations that must not be carried out.

Notice of compliance

8

Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.

Liability

9

An environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.

PART 3 — Species control orders

When a species control order may be made

10

• (1) An environmental authority may make a species control order in relation to premises if—

• (a) it considers that there is present on the premises—

• (i) an invasive non-native species, or

• (ii) a species of animal that is no longer normally present in Great Britain, and

• (b) any of the following circumstances apply.

• (2) The circumstances are—

• (a) the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so;

• (b) the environmental authority has offered to enter into a species control agreement with an owner but—

• (i) the owner has refused to enter into any kind of species control agreement, or

• (ii) no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement;

• (c) the environmental authority considers that the making of the order is urgently necessary;

• (d) the environmental authority has been unable to identify an owner, having—

• (i) placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and

• (ii) waited for 5 days after the day on which the notice was placed.

• (3) Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved.

• (4) Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

• (a) the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

• (b) the animals on the premises are having a significant adverse impact on—

• (i) biodiversity,

• (ii) other environmental interests, or

• (iii) social or economic interests, and

• (c) there is no appropriate alternative way of obviating that impact.

• (5) A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers.

What an order must do

11

• (1) A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision—

• (a) requiring the owner specified in that paragraph to carry out species control operations, or

• (b) stating that the environmental authority proposes to carry out species control operations,

or both.

• (2) A species control order under paragraph 10(2)(c) (emergency) must contain provision—

• (a) requiring any owner of the premises specified in the order to carry out species control operations, or

• (b) stating that the environmental authority proposes to carry out species control operations,

or both.

• (3) A species control order under paragraph 10(2)(d) (no identifiable owner) must contain provision stating that the environmental authority proposes to carry out species control operations.

12

• (1) A species control order must—

• (a) specify the species to which the order relates,

• (b) specify the species control operations to be carried out,

• (c) specify the time by which the species control operations must be carried out or (as the case may be) the time by which they are proposed to be carried out by the authority, and

• (d) if appropriate, include a map of the premises to which the order relates.

• (2) Unless it is made under paragraph 10(2)(c) (emergency), a species control order—

• (a) may not require an owner of premises to carry out species control operations, or provide for an environmental authority to carry out species control operations, before the end of the period in which an appeal may be made (as to appeals, see paragraph 16), and

• (b) must provide that if an appeal is made within that period, the owner need not carry out the operations, or the environmental authority shall not carry out the operations, before the appeal is withdrawn or finally determined.

What an order may do

13

• (1) A species control order may contain provision supplementary to that specified in paragraphs 11 and 12.

• (2) That may include provision as to—

• (a) how species control operations are to be carried out;

• (b) payment to be made by the environmental authority to—

• (i) an owner, in respect of the reasonable costs of operations to be carried out by the owner, or

• (ii) another person, in respect of the reasonable costs of operations to be carried out by an owner;

• (c) payment that an owner must make in respect of the reasonable costs of species control operations to be carried out by the environmental authority;

• (d) species control operations that an owner must not carry out;

• (e) who will carry out species control operations for the environmental authority.

Notice

14

• (1) After making a species control order, an environmental authority must forthwith give notice of it to—

• (a) all owners of the premises of whom the environmental authority is aware,

• (b) the Secretary of State, if the environmental authority is the Environment Agency, Natural England or the Forestry Commissioners, and

• (c) the Welsh Ministers, if the environmental authority is the Natural Resources Body for Wales.

• (2) In the case of an order under paragraph 10(2)(d) (no identifiable owner), the environmental authority must also give notice of the order by placing it on the premises conspicuously.

• (3) Notice under this paragraph must include—

• (a) reasons for making the species control order, and

• (b) reasons for any requirement imposed by it on an owner.

Revocation

15

• (1) An environmental authority may at any time revoke a species control order made by it.

• (2) Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given).

Appeals

16

• (1) An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against—

• (a) the making of the order, or

• (b) any provision of the order.

• (2) The First-tier Tribunal may—

• (a) affirm the order,

• (b) direct the environmental authority which made the order to revoke or amend it,