Wildlife and Natural Environment Act (Northern Ireland) 2011

Licences under Article 18

16.—(1) Article 18 of the Wildlife Order (licences) is amended as follows.

(2) In paragraph (1)(a) after “scientific” insert “, research”.

(3) After paragraph (2)(a) insert—

“(aa) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(ab) for the purpose of conserving flora or fauna;”.

(4) In paragraph (2)(g) for “or fisheries” substitute “, fisheries or inland waters”.

(5) After paragraph (2) insert—

“(2A) The Department—

(a) shall not grant a licence for any purpose mentioned in paragraph (1) or (2) in relation to a wild bird unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b) shall not grant a licence for any purpose mentioned in paragraphs (1)(b) or (2)(d) to (f) otherwise than on a selective basis and in respect of a small number of birds.”.”.

(6) In paragraph (3)(b) after “wild animals” insert “, wild birds”.

(7) After paragraph (3) insert—

“(3A) Article 10(4) does not apply to anything done for the purpose of any development if it is done under and in accordance with the terms of a licence granted by the Department.”.

(8) In paragraph (6)(a) after head (i) insert—

“(ia) the circumstances in which, and the conditions subject to which, such birds may be killed;”

(9) At the end add—

“(8) In this Article—

“development” has the meaning given in Article 11 of the Planning (Northern Ireland) Order 1991;

“re-population” and “re-introduction”, in relation to wild birds, have the same meanings as in the Directive of the Council of the European Communities dated 2nd April 1979 (No.79/409/EEC) on the conservation of wild birds.”.