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Wildlife and Countryside Act 1981

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  1. Introductory Text

  2. Part I Wildlife

    1. Protection of birds

      1. 1. Protection of wild birds, their nests and eggs.

      2. 2. Exceptions to s. 1.

      3. 3. Areas of special protection.

      4. 4. Exceptions to ss. 1 and 3.

      5. 5. Prohibition of certain methods of killing or taking wild birds.

      6. 6. Sale etc. of live or dead wild birds, eggs etc.

      7. 7. Registration etc. of certain captive birds.

      8. 8. Protection of captive birds.

    2. Protection of other animals

      1. 9. Protection of certain wild animals.

      2. 10. Exceptions to s. 9.

      3. 11. Prohibition of certain methods of killing or taking wild animals.

      4. 12. Protection of certain mammals.

    3. Protection of plants

      1. 13. Protection of wild plants.

    4. Miscellaneous

      1. 14. Introduction of new species etc.

      2. 14ZA.Sale etc. of invasive non-native species

      3. 14ZB.Codes of practice in connection with invasive non-native species

      4. 14A.Prohibition on sale etc. of certain animals or plants

      5. 14B.Guidance: non-native species

      6. 15. Endangered species (import and export).

      7. 15A.Possession of pesticides

    5. Supplemental

      1. 16. Power to grant licences.

      2. 17. False statements made for obtaining registration or licence etc.

      3. 18. Attempts to commit offences etc.

      4. 18A.Wildlife inspectors

      5. 18B.Group 1 offences and licences: power to enter premises

      6. 18C.Group 1 offences and licences: examining specimens and taking samples

      7. 18D.Group 2 offences and licences etc.: power to enter premises

      8. 18E.Group 2 offences: examining specimens and taking samples

      9. 18F.Restrictions on taking of samples from live specimens

      10. 19. Enforcement.

      11. 19XA.Constables' powers in connection with samples

      12. 19XB.Offences in connection with enforcement powers

      13. 19ZA. Enforcement: wildlife inspectors.

      14. 19ZB. Power to take samples.

      15. 19ZC.Wildlife inspectors: Scotland

      16. 19ZD.Power to take samples: Scotland

      17. 19A. Evidence in Scotland as to taking or destruction of eggs.

      18. 20. Summary prosecutions.

      19. 21. Penalties, forfeitures etc.

      20. 22. Power to vary Schedules.

      21. 23. Advisory bodies and their functions.

      22. 24.Functions of GB conservation bodies

      23. 25. Functions of local authorities.

      24. 26. Regulations, orders, notices etc.

      25. 26A.Enforcement of wildlife legislation

      26. 27. Interpretation of Part I.

      27. 27ZA.Application of Part 1 to England and Wales

  3. Part II Nature Conservation, Countryside and National Parks

    1. Sites of special scientific interest and limestone pavements

      1. 27A. Construction of references to Nature Conservancy Council.

      2. 27AA.Application of sections 28 to 34 in Wales

      3. 28. Sites of special scientific interest.

      4. 28A. Variation of notification under section 28.

      5. 28B. Notification of additional land.

      6. 28C. Enlargement of SSSI.

      7. 28CA.Guidance in relation to subtidal notifications of SSSIs

      8. 28CB.Power to call in subtidal notifications

      9. 28D. Denotification.

      10. 28E. Duties in relation to sites of special scientific interest.

      11. 28F. Appeals in connection with consents.

      12. 28G. Statutory undertakers, etc.: general duty.

      13. 28H. Statutory undertakers, etc.: duty in relation to carrying out operations.

      14. 28I. Statutory undertakers, etc.: duty in relation to authorising operations.

      15. 28J. Management schemes.

      16. 28K. Management notices.

      17. 28L. Appeals against management notices.

      18. 28M. Payments.

      19. 28N. Compulsory purchase.

      20. 28P. Offences.

      21. 28Q. Change of owner or occupier.

      22. 28R. Byelaws.

      23. 28S.Notices and signs relating to SSSIs

      24. 29. Special protection for certain areas of special scientific interest.

      25. 30. Compensation where order is made under s. 29.

      26. 31.Restoration following offence under section 28P.

      27. 32. Duties of agriculture Ministers with respect to areas of special scientific interest.

      28. 33. Ministerial guidance as respects areas of special scientific interest.

      29. 34. Limestone pavement orders.

    2. Nature reserves, marine nature reserves and Ramsar sites

      1. 34A.Meaning of “appropriate conservation body”

      2. 35. National nature reserves.

      3. 35A.Power to call in subtidal declarations

      4. 36. Marine nature reserves.

      5. 37. Byelaws for protection of marine nature reserves.

      6. 37A. Ramsar sites.

      7. 38.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Countryside

      1. 39. Management agreements with owners and occupiers of land.

      2. 40. Experimental schemes.

      3. 41. Duties of agriculture Ministers with respect to the countryside.

    4. National Parks

      1. 41A.Application of sections 42 to 45 in Wales

      2. 42. Notification of agricultural operations on moor and heath in National Parks.

      3. 43. Maps of National Parks showing certain areas of moor or heath.

      4. 44. Grants and loans for purposes of National Parks.

      5. 45. Power to vary order designating National Park.

      6. 46. Membership of National Park authorities.

    5. Miscellaneous and supplemental

      1. 47. Provisions with respect to the Countryside Commission.

      2. 48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 49. Extension of power to appoint wardens.

      4. 50. Payments under certain agreements offered by authorities.

      5. 51. Powers of entry.

      6. 51A.Summary prosecutions

      7. 52. Interpretation of Part II.

  4. Part III Public Rights of Way

    1. Ascertainment of public rights of way

      1. 53. Duty to keep definitive map and statement under continuous review.

      2. 53A. Power to include modifications in other orders.

      3. 53B. Register of applications under section 53.

      4. 54. Duty to reclassify roads used as public paths.

      5. 54A. BOATs not to be added to definitive maps.

      6. 55. No further surveys or reviews under the 1949 Act.

      7. 56. Effect of definitive map and statement.

      8. 57. Supplementary provisions as to definitive maps and statements.

      9. 57A. Consolidation of definitive maps and statements.

      10. 58. Application of ss. 53 to 57 to inner London.

    2. Miscellaneous and supplemental

      1. 59. Prohibition on keeping bulls on land crossed by public rights of way.

      2. 60.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 61. Ploughing of public rights of way.

      4. 62. Appointment of wardens for public rights of way.

      5. 63. Orders creating, extinguishing or diverting footpaths and bridleways.

      6. 64. Publication of dedication of footpaths and bridleways.

      7. 65. Signposting of byways open to all traffic.

      8. 66. Interpretation of Part III.

  5. Part IV Miscellaneous and General

    1. 66A.Application of Part 1 to Crown

    2. 67.Application of Parts 2 and 3 to Crown land

    3. 68. Application to the Isles of Scilly.

    4. 69. Offences by bodies corporate etc.

    5. 70. Financial provisions.

    6. 70A. Service of notices.

    7. 70B.Effect of failure to serve certain notices

    8. 71. General interpretation.

    9. 72. Minor amendments.

    10. 73. Repeals and savings.

    11. 74. Short title commencement and extent.

  6. SCHEDULES

    1. SCHEDULE ZA1

      Birds which re-use their nests

    2. Schedule A1

      Protected nests and nest sites: birds

    3. SCHEDULE 1

      Birds which are Protected by Special Penalties

      1. Part I At All Times

      2. Part II During the Close Season

        1. Note. The common name or names given in the first...

    4. Schedule 1A

      Birds which are protected from harassment

    5. SCHEDULE 2

      Birds Which May Be Killed or Taken

      1. Part I Outside the Close Season

      2. Part II By Authorised Persons at all Times

        1. Note. The common name or names given in the first...

    6. SCHEDULE 3

      Birds which may be Sold

      1. Part I Alive at all Times if Ringed and Bred in Captivity

      2. Part II Dead at all Times

      3. Part III Dead from 1st September to 28th February

        1. Note. The common name or names given in the first...

    7. SCHEDULE 4

      Birds Which Must Be Registered and Ringed if Kept in Captivity

      1. Note. The common name or names given in the first...

    8. SCHEDULE 5

      Animals which are Protected

      1. Note. The common name or names given in the first...

      2. NOTE 2. In this Schedule “ excluded waters ” means...

    9. SCHEDULE 6

      Animals which may not be Killed or Taken by Certain Methods

      1. Note. The common name or names given in the first...

    10. SCHEDULE 7

      PROTECTION OF CERTAIN MAMMALS

      1. The Ground Game Act 1880

        1. 1.(1) Notwithstanding the provisions of section 6 of the Ground...

      2. The Agriculture (Scotland) Act 1948

        1. 2.(1) Notwithstanding the provisions of section 50(1)(a) of the Agriculture...

      3. The Dogs (Protection of Livestock) Act 1953

        1. 3.(1) At the end of subsection (2) of section 1...

      4. The Deer Act 1963

        1. 4.For subsection (3) of section 10 of the Deer Act...

        2. 5.(1) After section 10 of that Act there shall be...

        3. 6.(1) In paragraph 1 of Schedule 2 to that Act...

      5. The Conservation of Seals Act 1970

        1. 7.(1) In subsection (1)(c) of section 10 of the Conservation...

      6. The Badgers Act 1973

        1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        3. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. SCHEDULE 8

      Plants which are Protected

      1. Note. The common name or names given in the first...

    12. SCHEDULE 9

      Animals and plants to which section 14 applies

      1. Part I Animals which are established in the wild

      2. Part II Plants

        1. Note. The common name or names given in the first...

    13. SCHEDULE 10

      Amendment of the Endangered Species (Import and Export) Act 1976

      1. Part I The Amendments

        1. Licences

          1. 1.(1) After subsection (3) of section 1 of the 1976...

        2. Expenses of returning animals and plants to the wild

          1. 2.After subsection (8) of section 1 of the 1976 Act...

        3. Powers of entry

          1. 3.After the subsection inserted by paragraph 2 as subsection (9)...

        4. Power to modify Schedules

          1. 4.(1) In paragraph (c) of section 3 of the 1976...

        5. Sale of certain animals or plants or their derivatives

          1. 5.(1) In subsection (1) of section 4 of the 1976...

      2. Part II Schedule inserted as Schedule 4

        1. SCHEDULE 4 Animals the Sale etc. of Which is Restricted

          1. This Schedule applies to the following kinds of animals, namely—...

        2. MAMMALS

          1. 1.The kinds of mammal specified in the first column below—...

          2. Marsupials

          3. Primates

          4. Edentates

          5. Pangolins

          6. Rabbits and hares

          7. Rodents

          8. Cetaceans

          9. Carnivores

          10. Seals

          11. Elephants

          12. Sea-cows

          13. Odd-toed ungulates

          14. Even-toed ungulates

        3. BIRDS

          1. 2.The kinds of bird specified in the first column below—...

          2. Rheas

          3. Tinamous

          4. Penguins

          5. Grebes

          6. Albatrosses

          7. Pelican-like birds

          8. Storks

          9. Waterfowl

          10. Diurnal Birds of Prey

          11. Gamebirds

          12. Cranes and rails

          13. Waders and Gulls

          14. Pigeons and doves

          15. Parrots

          16. Hummingbirds

          17. Trogons

          18. Owls

          19. Hornbills

          20. Woodpeckers

          21. Songbirds

      3. REPTILES The kinds of reptile specified in the first column below—...

        1. REPTILES

          1. 3.The kinds of reptile specified in the first column below—...

          2. Crocodilians

          3. Iguanas

          4. Lizards

          5. Snakes

          6. Tuatara

          7. Chelonians

      4. AMPHIBIANS The kinds of amphibian specified in the first column...

        1. AMPHIBIANS

          1. The kinds of amphibian specified in the first column below—...

      5. FISH The kinds of fish specified in the first column below—...

        1. FISH

          1. 5.The kinds of fish specified in the first column below—...

      6. MOLLUSCS The kinds of mollusc specified below— Conradilla caelata Dromus dromas...

        1. MOLLUSCS

          1. 6.The kinds of mollusc specified below— Conradilla caelata Dromus dromas...

      7. Part III

        1. Schedule inserted as Schedule 5

      8. SCHEDULE 5

        1. Plants the sale etc. of which is restricted

          1. This Schedule applies to the kinds of plant specified in...

    14. SCHEDULE 10A

      Delegation of appellate functions

      1. Interpretation

        1. 1.In this Schedule— “ appointed person ” means a person...

      2. Appointments

        1. 2.An appointment under section 28F(8) or 28L(10) must be in...

      3. Powers of appointed person

        1. 3.Subject to the provisions of this Schedule, an appointed person...

      4. Holding of local inquiries and other hearings by appointed persons

        1. 4.(1) If either of the parties to an appeal or...

      5. Revocation of appointments and making of new appointments

        1. 5.(1) Where under paragraph 2(c) the appointment of the appointed...

      6. Certain acts and omissions of appointed persons to be treated as those of the Secretary of State

        1. 6.(1) Anything done or omitted to be done by an...

    15. SCHEDULE 11

      Procedure in connection with Certain Orders under Part II

      1. Coming into operation

        1. 1.(1) An original order or a restrictive amending order shall...

      2. Publicity for orders

        1. 2.(1) Where an order takes effect immediately, the authority making...

      3. Unopposed orders

        1. 3.(1) Where an order made by a relevant authority takes...

      4. Opposed orders

        1. 4.(1) If any representation or objection duly made with respect...

      5. Restriction on power to amend orders or confirm them with modifications

        1. 5.The Secretary of State shall not by virtue of paragraph...

      6. Notice of final decision on orders

        1. 6.(1) The Secretary of State shall as soon as practicable...

      7. Proceedings for questioning validity of orders

        1. 7.(1) This paragraph applies to any order which has taken...

      8. Interpretation

        1. 8.In this Schedule— “ amending order ” and “ revoking...

    16. SCHEDULE 12

      Procedure in Connection With Orders Under Section 36

      1. Consultation

        1. 1.Before making an order, the Secretary of State shall consult...

      2. Publicity for draft orders

        1. 2.(1) Before making an order, the Secretary of State shall...

      3. Unopposed orders

        1. 3.If no representations or objections are duly made, or if...

      4. Opposed orders

        1. 4.(1) If any representation or objection duly made is not...

      5. Restriction on power to make orders with modifications

        1. 5.(1) The Secretary of State shall not make an order...

      6. Local inquiries

        1. 6.(1) The provisions of subsections (2) to (5) of section...

      7. Notice of making of orders

        1. 7.(1) As soon as practicable after an order is made,...

      8. Proceedings for questioning validity of orders

        1. 8.(1) If any person is aggrieved by an order which...

      9. Supplemental

        1. 9.(1) In this Schedule— “ area ” includes district or...

    17. SCHEDULE 13

      1. Status

        1. 1.The Commission shall be a body corporate.

        2. 2.The Commission shall not be regarded as the servant or...

      2. Members

        1. 3.(1) The Commission shall consist of a chairman and such...

        2. 4.(1) The Commission— (a) shall pay to their members such...

      3. Committee for Wales

        1. 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. Procedure

        1. 6.The procedure (including the quorum) of the Commission shall be...

        2. 7.The validity of any proceeding of the Commission shall not...

      5. Staff

        1. 8.(1) The Commission shall appoint— (a) with the approval of...

        2. 9.(1) The Commission shall in the case of such of...

        3. 10.(1) Employment with the Commission shall be included among the...

      6. Accounts and report

        1. 11.(1) The Commission shall keep proper accounts and other records,...

        2. 12.The Commission shall furnish the Secretary of State with such...

        3. 13.(1) The Commission shall, as soon as possible after the...

      7. Land

        1. 14.The Commission, for the purpose of providing themselves with office...

        2. 15.Any land occupied by the Commission shall, for the purpose...

      8. Interpretation

        1. 16.In this Schedule— “appointed day” means the day appointed for...

    18. SCHEDULE 14

      Applications for Certain Orders Under Part III

      1. Form of applications

        1. 1.An application shall be made in the prescribed form and...

      2. Notice of applications

        1. 2.(1) Subject to sub-paragraph (2), the applicant shall serve a...

      3. Determination by authority

        1. 3.(1) As soon as reasonably practicable after receiving a certificate...

      4. Appeal against a decision not to make an order

        1. 4.(1) Where the authority decide not to make an order,...

      5. Interpretation

        1. 5.(1) In this Schedule— “application” means an application under section...

    19. SCHEDULE 15

      Procedure in Connection with Certain Orders Under Part III

      1. Consultation

        1. 1.Before making an order, the authority shall consult with every...

      2. Coming into operation

        1. 2.An order shall not take effect until confirmed either by...

      3. Publicity for orders

        1. 3.(1) On making an order, the authority shall give notice...

      4. Representations or objections made with respect to abandoned surveys or reviews

        1. 4.(1) This paragraph applies where a survey begun under sections...

      5. Severance of orders

        1. 5.(1) Where at any time representations or objections duly made...

      6. Unopposed orders

        1. 6.(1) If no representations or objections are duly made, or...

      7. Opposed orders

        1. 7.(1) If any representation or objection duly made is not...

      8. Restriction on power to confirm orders with modifications

        1. 8.(1) The Secretary of State shall not confirm an order...

      9. Local inquiries

        1. 9.The provisions of subsections (2) to (5) of section 250...

      10. Appointment of inspectors etc.

        1. 10.(1) A decision of the Secretary of State under paragraph...

      11. Hearings and local inquiries

        1. 10A.(1) Subject to sub-paragraph (2), subsections (2) to (5) of...

      12. Notice of final decisions on orders

        1. 11.(1) As soon as practicable after a decision to confirm...

      13. Proceedings for questioning validity of orders

        1. 12.(1) If any person is aggrieved by an order which...

      14. Supplemental

        1. 13.(1) The Secretary of State may, subject to the provisions...

    20. SCHEDULE 16

      Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

      1. 1—4.. . . . . . . . . ....

      2. The Highways Act 1980

        1. 5.(1) In subsection (1) of section 119 of the Highways...

        2. 6.(1) In sub-paragraphs (1)(b) and 2(b) of paragraph I of...

        3. 7.After paragraph 2 of that Schedule there shall be inserted...

        4. 8.(1) In paragraph 4 of that Schedule after the words...

        5. 9.After that paragraph there shall be inserted the following paragraph—...

      3. Supplemental

        1. 10.(1) The amendments made by the foregoing provisions of this...

    21. SCHEDULE 17

      Enactments repealed

      1. Part I Enactments repealed one month after the passing of this Act

      2. Part II Enactments repealed on a day to be appointed

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