LegalizeThe Wildlife Licence Charges (England) Order 2018
Made: 26th June 2018
Laid before Parliament: 28th June 2018
Coming into force: 1st October 2018
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Citation and commencement
1
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Interpretation
2
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Licence charges
3
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Exemptions, reductions and remissions
4
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SCHEDULE — Licence charges
| Column 1 Licence description[^f00016] | Column 2 Application | Column 3 Fixed charge | Column 4 Variable charge | |
|---|---|---|---|---|
| Class licences issued under regulation 55 of the 2017 Regulations[^f00017] and/or section 16 of the 1981 Act[^f00018] | Class licences issued under regulation 55 of the 2017 Regulations[^f00017] and/or section 16 of the 1981 Act[^f00018] | Class licences issued under regulation 55 of the 2017 Regulations[^f00017] and/or section 16 of the 1981 Act[^f00018] | Class licences issued under regulation 55 of the 2017 Regulations[^f00017] and/or section 16 of the 1981 Act[^f00018] | |
| Class licence issued under regulation 55(1) and (2)(e) of the 2017 Regulations and/or section 16(3)(f) of the 1981 Act in respect of— | Notification of site of licensed activities | £130 | ||
| - interference with bat roosts; or | ||||
| - activities that adversely impact great crested newts Triturus cristatus | ||||
| Class licence issued under regulation 55(1) and (2) of the 2017 Regulations and/or section 16 of the 1981 Act in respect of displacement of water voles Arvicola amphibus | Initial registration | £60 | ||
| Class licence issued under regulation 55(1) and (2) of the 2017 Regulations and/or section 16 of the 1981 Act in respect of displacement of water voles Arvicola amphibus | Renewal of registration | £50 | ||
| Class licence issued under regulation 55(1) and (2)(a) and (b) of the 2017 Regulations and/or section 16(3) of the 1981 Act in respect of the survey of— | Initial registration | £80 | ||
| Class licence issued under regulation 55(1) and (2)(a) and (b) of the 2017 Regulations and/or section 16(3) of the 1981 Act in respect of the survey of— | Renewal of registration online | £35 | ||
| Class licence issued under regulation 55(1) and (2)(a) and (b) of the 2017 Regulations and/or section 16(3) of the 1981 Act in respect of the survey of— | Renewal of registration by post or email | £60 | ||
| - great crested newts Triturus- cristatus; | ||||
| -hazel dormice Muscardinus avellanarius;or | ||||
| - Atlantic stream crayfish Austropotamobius pallipes | ||||
| Class licence issued for the purposes of section 16(3)(a) and (b) of the 1981 Act and/or regulations 55(1) and (2)(a) and (b) of the 2017 Regulations in respect of the survey of bats | Initial registration | £80 | ||
| Class licence issued for the purposes of section 16(3)(a) and (b) of the 1981 Act and/or regulations 55(1) and (2)(a) and (b) of the 2017 Regulations in respect of the survey of bats | Renewal of registration online | £35 | ||
| Class licence issued for the purposes of section 16(3)(a) and (b) of the 1981 Act and/or regulations 55(1) and (2)(a) and (b) of the 2017 Regulations in respect of the survey of bats | Renewal of registration by post or email | £80 | ||
| Class licence issued for the purposes of section 16(1)(a) and (c) of the 1981 Act in respect of the survey of barn owls Tyto alba | Initial registration | £60 | ||
| Class licence issued for the purposes of section 16(1)(a) and (c) of the 1981 Act in respect of the survey of barn owls Tyto alba | Renewal of registration online | £35 | ||
| Class licence issued for the purposes of section 16(1)(a) and (c) of the 1981 Act in respect of the survey of barn owls Tyto alba | Renewal of registration by post or email | £50 | ||
| Class licence issued under regulations 55 of the 2017 Regulations and/or section 16(4)(b) of the 1981 Act in respect of the sale or offering for sale of dead specimens and/or derivatives of species specified in Schedule 2 to the 2017 Regulations or in Schedule 5 to the 1981 Act and lawfully taken from the wild before 30th October 1981 | Application for registration | £60 | ||
| Individual licences issued under regulation 55 of the 2017 regulations and/or section 16 of the 1981 Act | Individual licences issued under regulation 55 of the 2017 regulations and/or section 16 of the 1981 Act | Individual licences issued under regulation 55 of the 2017 regulations and/or section 16 of the 1981 Act | Individual licences issued under regulation 55 of the 2017 regulations and/or section 16 of the 1981 Act | |
| Individual licence issued under regulation 55 of the 2017 Regulations in respect of activities that adversely impact— | ||||
| - great crested newts Triturus cristatus; | Simple application | £700 | ||
| - great crested newts Triturus cristatus; | Complex application | £183 | Variable charge | |
| - bats; or | Simple application | £500 | ||
| - bats; or | Complex application | £183 | Variable charge | |
| - any other species[^f00019] | Simple application | £690 | ||
| - any other species[^f00019] | Complex application | £183 | Variable charge | |
| Individual licence issued under regulation 55 of the 2017 regulations and/or section 16(3) of the 1981 Act to kill, take, disturb or possess wild animals for specified purposes | £61 | Variable charge | ||
| Individual licence issued under regulation 55 of the 2017 regulations and/or section 16(3) of the 1981 Act to use prohibited methods of killing, taking or capturing wild animals for specified purposes | Variable charge | |||
| Individual licence issued under regulation 55 of the 2017 regulations and/or section 16(3) of the 1981 Act to disturb or take bats | £61 | Variable charge | ||
| Individual licence issued under section 16(4)(b) of the 1981 Act permitting activity prohibited by section 13(2) of that Act | Variable charge | |||
| Individual licence issued under regulation 55(1) and (2)(c) of the 2017 Regulations and/or section 16(3)(c) of the 1981 Act in respect of the taking of wild plants | Variable charge | |||
| Individual licence issued under section 16(1)(e) (falconry or aviculture) of the 1981 Act | Variable charge | |||
| Individual licence issued under section 16(1)(h) (photography) of the 1981 Act | Variable charge | |||
| Any individual or class licence other than any referred to above issued under regulation 55 of the 2017 Regulations | Variable charge | |||
| Licences issued under section 10 of the Protection of Badgers Act 1992[^f00020] | Licences issued under section 10 of the Protection of Badgers Act 1992[^f00020] | Licences issued under section 10 of the Protection of Badgers Act 1992[^f00020] | Licences issued under section 10 of the Protection of Badgers Act 1992[^f00020] | |
| Class licence issued under 10(1)(d) of the Protection of Badgers Act 1992 (interference with a badger sett for the purposes of development) | Notification of site of licensed activities | £160 | ||
| Individual licence issued under section 10(1)(d) of the Protection of Badgers Act 1992 (interference with a badger sett for the purposes of development) | Simple application | £260 | ||
| Individual licence issued under section 10(1)(d) of the Protection of Badgers Act 1992 (interference with a badger sett for the purposes of development) | Complex application | £61 | Variable charge | |
| Individual licences under section 8 of the Deer Act 1991[^f00021] | Individual licences under section 8 of the Deer Act 1991[^f00021] | Individual licences under section 8 of the Deer Act 1991[^f00021] | Individual licences under section 8 of the Deer Act 1991[^f00021] | |
| Individual licence issued under section 8 of the Deer Act 1991 for the purposes of taking deer alive for scientific or educational purposes, or for relocation | Variable charge | |||
| Licence modification | Licence modification | Licence modification | Licence modification | |
| Any licence of a type described in the table above | Modification | Variable charge |
Signed
David Rutley — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 26th June 2018
Explanatory note
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Footnotes
[^f00001]: 2006 c. 16 (“the 2006 Act”). Under section 11(4), subsection (3) applies to licences issued by Natural England under or by virtue of any enactment, where no charging provisions are set out elsewhere.
[^f00002]: 1981 c. 69 (“the 1981 Act”).
[^f00003]: S.I. 2017/1012.
[^f00004]: See sections 1 and 2 of the 2006 Act for the constitution and general purpose of Natural England.
[^f00005]: See for example section 16(5)(b) and (8) of the 1981 Act for the power to issue a licence to persons of a class.
[^f00006]: Relevant amending instruments are, in relation to Schedule 2, the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), section 3; and S.I. 1992/310; in relation to Schedule 5, S.I. 1991/367, 1988/288, 1989/906, 1992/2350, 1998/878, 2007/1843, 2008/431, 1927 and 2172; and in relation to Schedule 8, S.I. 1988/288, 1992/2350, 2007/1843 and 2011/2015.
[^f00007]: 1991 c. 54.
[^f00008]: 1992 c. 51.
[^f00009]: The list is available at the following link: http://webarchive.nationalarchives.gov.uk/20140605093420/http://www.naturalengland.org.uk/ourwork/conservation/biodiversity/protectandmanage/habsandspeciesimportance.aspx. A hard copy of the list is available from Natural England, County Hall, Spetchley Road, Worcester, WR5 2NP.
[^f00010]: 1990 c. 8. Section 55 was amended by the Planning and Compensation Act 1991 (c. 34) sections 13 and 14, and paragraph 9 of Schedule 6, the Planning and Compulsory Purchase Act 2004 (c. 5), section 49 and paragraph 1 of Schedule 9; and S.I. 1999/293.
[^f00011]: S.I. 2015/596; relevant amending instruments are S.I. 2016/332, 2017/391, 571 and 1012, and 2018/119.
[^f00012]: S.I. 2015/595. There are amendments to article 2 but they are not relevant to this Order.
[^f00013]: 1979 c. 46, to which there are amendments not relevant to this Order.
[^f00014]: 1990 c. 9. Section 1 was amended by the Historic Environment (Wales) Act 2016 (anaw 4), sections 26(1)(a) and (b), and the Enterprise and Regulatory Reform Act 2013 (c. 24), paragraphs 7 and 8 of Schedule 17.
[^f00015]: OJ L 347 20.12.2013, p.487, as last amended by Commission Delegated Regulation (EU) No. 2018/162 of 23 November 2017 (OJ No L 30, 2.2.2018, p 6).
[^f00016]: In addition to statutory powers to issue licences in its own right, Natural England exercises functions under an agreement with the Secretary of State pursuant to section 78 of the 2006 Act (which enables the Secretary of State to enter into agreements with designated bodies authorising such bodies to perform DEFRA functions). Natural England is a designated body listed in Schedule 7 to that Act. Under the agreement, with effect from 1st October 2006, Natural England performs specified functions of the Secretary of State, including, inter alia, the Secretary of State’s licensing functions in relation to England under specified provisions of section 16 of the 1981 Act and section 10 of the Protection of Badgers Act 1992 (c.51).
[^f00017]: Natural England is the “relevant licensing body” for specified purposes under regulation 55, pursuant to regulation 58 of the 2017 Regulations.
[^f00018]: Section 16 was amended by the Environmental Protection Act 1990 (c.43), paragraph 11 of Schedule 9; the Countryside and Rights of Way Act 2000 (c37), paragraph 6 of Schedule 12; the 2006 Act, paragraph 72 of Schedule 11; and S.I. 1995/2825 and 2007/1843; there are other amendments not relevant to this Order. See section 16((9) for the meaning of “the appropriate authority”. Natural England is the relevant conservation body for the purposes of section 16 in relation to England – see section 27(3A).
[^f00019]: This currently includes the following licences issued by Natural England – A12-1 (European Protected Species), A35-1 (hazel dormice), A44-1 (natterjack toads), A45 (otters), A46-1 (smooth snakes), in addition to A14 (great crested newts), and A 13a-1 and A 13a-2 (bats).
[^f00020]: 1992 c. 51. Section 10 was amended by the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), paragraph 53 of Schedule 2; the 2006 Act, paragraph 137 of Schedule 11(1), the Wildlife and Natural Environment (Scotland) Act 2011 asp 6, section 33(6); S.I. 2002/794 and 2013/755. Under section 10(4), the appropriate conservation body means, in relation to a licence in an area in England, Natural England.
[^f00021]: 1991 c. 54. Section 8 was amended by the 2006 Act, paragraph 128 of Schedule 11, SI 2007/2183 and 2013//755.
Editorial notes
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