|Date Signed||Statutory Instrument 1994 No. 2716
The Conservation (Natural Habitats, &c.) Regulations 1994
|Wildpro "Organisations & Website" Reference|
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The following text is Crown Copyright, taken directly from the website of HMSO, and is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, being designated Ministers for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers conferred upon them by the said section 2 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:-
PROTECTION OF SPECIES
Protection of animals
species of animals
Protection of wild
animals of European protected species
(a) deliberately to capture or kill a wild animal of a European protected species;
(b) deliberately to disturb any such animal;
(c) deliberately to take or destroy the eggs of such an animal; or
(d) to damage or destroy a breeding site or resting place of such an animal.
(2) It is an offence to keep, transport, sell or exchange, or offer for sale or exchange, any live or dead wild animal of a European protected species, or any part of, or anything derived from, such an animal.
(3) Paragraphs (1) and (2) apply to all stages of the life of the animals to which they apply.
(4) A person shall not be guilty of an offence under paragraph (2) if he shows-
(a) that the animal had not been taken or killed, or had been lawfully taken or killed, or
(b) that the animal or other thing in question had been lawfully sold (whether to him or any other person).
For this purpose
"lawfully" means without any contravention of these Regulations
or Part I of the Widlife and Countryside Act 1981.
(a) anything done in pursuance of a requirement by the agriculture Minister under section 98 of the Agriculture Act 1947 or section 39 of the Agriculture (Scotland) Act 1948 (prevention of damage by pests); or
(b) anything done under, or in pursuance of an order made under, the Animal Health Act 1981.
(a) the taking of a wild animal of a European protected species if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;
(b) the killing of such an animal if he shows that the animal has been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or
(c) any act made unlawful by that regulation if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.
(4) A person shall not be entitled to rely on the defence provided by paragraph (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling-house unless he had notified the appropriate nature
conservation body of the
proposed action or operation and allowed them a reasonable time to advise
him as to whether it should be carried out and, if so, the method to be
(a) being the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken, or
(b) authorised by the local authority for the area within which the action authorised is taken,
shall not be guilty of an
offence by reason of the killing or disturbing of an animal of a European
protected species if he shows that his action was necessary for the
purpose of preventing serious damage to livestock, foodstuffs, crops,
vegetables, fruit, growing timber or any other form of property or
(a) a licence under regulation 44 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent, or
(b) an application for such a licence had been determined.
(a) in relation to England and Wales, a county, district or London borough council and includes the Common Council of the City of London, and
(b) in Scotland, a regional, islands or district council.
Prohibition of certain
methods of taking or killing wild animals
(a) of any of the species listed in Schedule 3 to these Regulations (which shows the species listed in Annex V(a) to the Habitats Directive, and to which Article 15 applies, whose natural range includes any area of Great Britain), or
(b) of a European protected species, where the taking or killing of such animals is permitted in accordance with these Regulations.
(a) any of the means listed in paragraph (3)
(b) any form of taking or killing from the modes of transport listed in paragraph (5) below.
(a) blind or mutilated animals used as live decoys;
(b) tape recorders;
(c) electrical and electronic devices capable of killing or stunning;
(d) artificial light sources;
(e) mirrors and other dazzling devices;
(f) devices for illuminating targets;
(g) sighting devices for night shooting comprising an electronic image magnifier or image converter;
(i) nets which are non-selective according to their principle or their conditions of use;
(j) traps which are non-selective according to their principle or their conditions of use;
(l) poisons and poisoned or anaesthetic bait;
(m) gassing or smoking out;
(n) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition.
(b) moving motor vehicles.
Protection of plants
species of plants
43.(1) It is an offence deliberately to pick, collect, cut, uproot or destroy a wild plant of a European protected species.
(2) It is an offence to keep, transport, sell or exchange, or offer for sale or exchange, any live or dead wild plant of a European protected species, or any part of, or anything derived from, such a plant.
(3) Paragraphs (1) and (2) apply to all stages of the biological cycle of the plants to which they apply.
(4) A person shall not be guilty of an offence under paragraph (1), by reason of any act made unlawful by that paragraph if he shows that the act was an incidental result of a lawful operation and could not reasonably have been avoided.
(5) A person shall not be guilty of an offence under paragraph (2) if he shows that the plant or other thing in question had been lawfully sold (whether to him or any other person).
For this purpose "lawfully" means without any contravention of these Regulations or Part I of the Wildlife and Countryside Act 1981.
Power to grant licences
Grant of licences for
(a) scientific or educational purposes;
(b) ringing or marking, or examining any ring or mark on, wild animals;
(c) conserving wild animals or wild plants or introducing them to particular areas;
(d) protecting any zoological or botanical collection;
(e) preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment;
(f) preventing the spread of disease; or
(g) preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.
(a) that there is no satisfactory alternative, and
(b) that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.
(a) in the case of a licence under any of sub-paragraphs (a) to (d) of paragraph (2), the appropriate nature conservation body; and
(b) in the case of a licence under any of sub-paragraphs (e) to (g) of that paragraph, the agriculture Minister.
(a) may be, to any degree, general or specific;
(b) may be granted either to persons of a class or to a particular person; and
(c) may be subject to compliance with any specified conditions.
(2) For the purposes of a licence under regulation 44 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.
(3) A licence under regulation 44 may be modified or revoked at any time by the appropriate authority; but otherwise shall be valid for the period stated in the licence.
(4) A licence under regulation 44 which authorises any person to kill wild animals shall specify the area within which and the methods by which the wild animals may be
killed and shall not be
granted for a period of more than two years.
(a) the act alleged to constitute the offence was done under and in accordance with the terms of a licence under regulation 44, and
(b) any conditions specified in the licence were complied with.
False statements made
for obtaining licence
(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.
 1981 c. 69.
 1947 c. 48; section 98 was amended by the Prevention of Damage by Pests Act 1949 (c. 55) and the Pests Act 1954 (c. 68).
 1948 c. 45; section 39 was amended by the Prevention of Damage by Pests Act 1949 (c. 55), the Pests Act 1954 (c. 68) and the Deer (Amendment) (Scotland) Act 1982 (c. 19).
 1981 c. 22; the Act was amended by the Animal Health and Welfare Act 1984 (c. 40) and the Environmental Protection Act 1990 (c. 43).
 1911 c. 27; section 8 was amended by section 1 of the Protection of Animals (Amendment) Act 1927 (c. 27). 1912 c. 14.
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|Specific Section References|
|Wildpro Reference||Chapter/Paragraph Title||Content||Page nos.|
European protected species of animals
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