Conservation of Seals Act 1970

10 Power to grant licences. E+W+S

(1) A licence may be granted to any person by the Secretary of State authorising that person, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence,—

(a) for scientific or educational purposes to kill or take within an area specified in the licence by any means so specified other than by the use of strychnine any number of seals so specified;

(b) for the purposes of any zoological gardens or collection specified in the licence to take within an area specified in the licence by any means so specified any number of seals so specified;

(c) for—

(i) the prevention of damage to fisheries;

(ii) the reduction of a population surplus of seals for management purposes; . . . F1

(iii) the use of a population surplus of seals as a resource, [F2 or]

[F3 (iv) the protection of flora or fauna in an area to which subsection (4) of this section applies,]

to kill or take within any area specified in the licence by any means so specified other than by the use of strychnine any number of seals so specified.

(2) A licence granted under this section may be revoked at any time by the Secretary of State and, without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, any person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section shall be guilty of an offence.

(3) The Secretary of State—

(a) shall consult the Council before granting a licence under this Act; and

(b) except in relation to the prevention of damage to fisheries shall not without the consent of [F4 the appropriate nature conservation body] grant a licence to kill or take seals in [F5 an area to which subsection (4) of this section applies]

[F6 (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;

[F7 (b) [F8 is a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981); or]]

[F8 is a site of special scientific interest;]

F9 [( c ) [F8 is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies; or]]

[F8 is an area in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect; or]

(d) has been designated as a marine nature reserve under section 36 of [F10 that Act[F10 the Wildlife and Countryside Act 1981 ]].]

[F11 (4A) A licence under this section does not authorise the use of any method of killing or taking seals which is inconsistent with regulation 41 of the Conservation (Natural Habitats, &c.) Regulations 1994 or any other enactment for the time being in force for the purpose of giving effect to Article 15 of the Habitats Directive (as read subject to any derogation permitted by Article 16 of that Directive).]

[F12 (5) In this section [F13 the appropriate nature conservation body” means Natural England, ] [F14 Scottish Natural Heritage ] or the Countryside Council for Wales, according as the area in question is in or is in waters adjacent to England, Scotland or Wales. ]

[F15 (6) In subsection (4A), the “Habitats Directive” means the Directive of the Council of the European Communities dated 21st May 1992 (No.92/43/EEC) on the conservation of natural habitats and of wild flora and fauna, as amended from time to time.]

Textual Amendments

F1 Word repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 17 Pt. II

F2 Word inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 12, Sch. 7 para. 7(1)

F3 S. 10(1)(c)(iv) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 12, Sch. 7 para. 7(1)

F4 Words in s. 10(3)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 57(2); S.I. 2006/2541, art. 2 (with Sch.)

F5 Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 12, Sch. 7 para. 7(2)

F6 S. 10(4) inserted by Wildlife and Countryside Act 1981 (c.69, SIF 4:5), s. 12, Sch. 7 para. 7(3)

F7 S. 10(4)(b) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 4

F8 S. 10(4)(b)(c) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 3(a) (with s. 55(2)); S.S.I. 2004/495, art. 2

F9 S. 10(4)(c) and the following word repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III (but by S.I. 2001/114, art. 2, and S.I. 2001/1410, art. 2, the commencement of the said Sch. 16 Pt. III is purported to be 30.1.2001 for E. and 1.5.2001 for W. respectively)

F10 Words in s. 10(4)(d) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 3(b) (with s. 55(2)); S.S.I. 2004/495, art. 2

F11 S. 10(4A) inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 26(a)

F12 S. 10(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 5; S.I. 1991/685, art. 3

F13 Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 57(3); S.I. 2006/2541, art. 2 (with Sch.)

F14 Words in s. 10(5) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4(5), Sch. 2 para. 4: S.I. 1991/2633, art. 4.

F15 S. 10(6) inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 26(b)