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39. (1) Regulations 34, 36 and 38 do not apply to anything done for any of the following purposes under and in accordance with the terms of a licence granted by the Department.
(2) The purposes referred to in paragraph (1) are—
(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, pasture or any other form of property or to fisheries.
(3) The Department shall not grant a licence under this regulation unless it is satisfied—
(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.
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