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Wildlife and Countryside Act 1981

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Wildlife and Countryside Act 1981 is up to date with all changes known to be in force on or before 17 October 2017. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part I Wildlife

    1. Protection of birds and prevention of poaching

      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 and prevention of poaching

      1. 9. Protection of certain wild animals.

      2. 10. Exceptions to s. 9.

      3. 10A.Protection of wild hares etc.

      4. 10B.Exceptions to s. 10A

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

      6. 11A.Snares: training, identification numbers, tags etc.

      7. 11B.Snares: duty to inspect etc.

      8. 11C.Snares: authorisation from landowners etc.

      9. 11D.Snares: presumption arising from identification number

      10. 11E.Snares: record keeping

      11. 11F.Snaring: review and report to the Scottish Parliament

      12. 11G.Prevention of poaching: wild hares, rabbits etc.

      13. 11H.Exceptions to s. 11G

      14. 11I.Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully

      15. 12YA.Relaxation of restriction on night shooting of hares and rabbits

      16. 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 certain animals and plants included in Schedule 9

      3. 14ZB.Codes of practice in connection with species which are non-native or included in Schedule 9

      4. 14ZC.Prohibition on keeping etc. of invasive animals or plants

      5. 14A.Prohibition on sale etc. of invasive animals or plants

      6. 14B.Notification of presence of invasive animals or plants etc.

      7. 14C.Non-native species etc.: code of practice

      8. 14D.Power to make species control orders

      9. 14E.Emergency species control orders

      10. 14F.Content of species control orders

      11. 14G.Notice of species control orders

      12. 14H.Appeals in connection with species control orders

      13. 14I.Coming into effect of species control orders

      14. 14J.Review of species control orders

      15. 14K.Offences in relation to species control orders

      16. 14L.Enforcement of operations under species control orders

      17. 14M.Species control orders: powers of entry

      18. 14N.Species control orders: entry by warrant etc.

      19. 14O.Species control orders: powers of entry: supplemental

      20. 14P.Interpretation of sections 14 to 14O

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

      22. 15A.Possession of pesticides

    5. Supplemental

      1. 16. Power to grant licences.

      2. 16A.Delegation of licence-granting power: Scotland

      3. 17. False statements made for obtaining registration, identification number or licence etc.

      4. 18. Attempts to commit offences etc.

      5. 18A.Wildlife inspectors

      6. 18B.Group 1 offences and licences: power to enter premises

      7. 18C.Group 1 offences and licences: examining specimens and taking samples

      8. 18D. Group 2 offences and licences etc. : power to enter premises

      9. 18E.Group 2 offences: examining specimens and taking samples

      10. 18F.Restrictions on taking of samples from live specimens

      11. 19. Enforcement.

      12. 19XA.Constables' powers in connection with samples

      13. 19XB.Offences in connection with enforcement powers

      14. 19ZA. Enforcement: wildlife inspectors.

      15. 19ZB. Power to take samples.

      16. 19ZC.Wildlife inspectors: Scotland

      17. 19ZD.Power to take samples: Scotland

      18. 19A. Evidence in Scotland in certain proceedings.

      19. 20.Proceedings for summary offences.

      20. 21. Penalties, forfeitures etc.

      21. 22. Power to vary Schedules.

      22. 23. Advisory bodies and their functions.

      23. 24.Functions of GB conservation bodies

      24. 25. Functions of local authorities.

      25. 26. Regulations, orders, notices etc.

      26. 26A.Enforcement of wildlife legislation

      27. 26B.Annual report on wildlife crime

      28. 27. Interpretation of Part I.

      29. 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.Grants to the Countryside Council for Wales

      2. 48. Miscellaneous and supplemental

      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. 66B.Application of Part 1 to Crown: Scotland

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

    4. 68. Application to the Isles of Scilly.

    5. 69. Offences by bodies corporate etc.

    6. 69A.Offences by Scottish partnerships etc.

    7. 70. Financial provisions.

    8. 70A. Service of notices.

    9. 70B.Effect of failure to serve certain notices

    10. 71. General interpretation.

    11. 72. Minor amendments.

    12. 73. Repeals and savings.

    13. 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 IA Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

      3. 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 IA Alive if taken in captivity or by certain persons outside close season or during first 28 days of close season

      3. Part II Dead at all Times

      4. Part IIA Dead if killed outside close season by certain persons

      5. 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. ...

    9. SCHEDULE 5A

      Animals which are Protected under Section 10A in their Close Season

    10. SCHEDULE 6

      Animals which may not be Killed or Taken by Certain Methods

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

    11. SCHEDULE 6A

      Animals not to be Poached

    12. SCHEDULE 7

      Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

      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. Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

        2. 9. Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

        3. 10. Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

        4. 11. Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

        5. 12. Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

    13. SCHEDULE 8

      Plants which are Protected

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

    14. SCHEDULE 9

      Animals and Plants to which Section 14 Applies

      1. Part I NON-NATIVE Animals which are established in the wild

      2. PART IA NATIVE ANIMALS

      3. PART IB Animals No Longer Present

      4. Part II Plants

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

    15. SCHEDULE 9A

      Species control agreements and orders (England and Wales)

      1. PART 1 Overview and interpretation

        1. Overview

          1. 1.(1) This Schedule provides for— (a) species control agreements between...

        2. Definitions relating to species

          1. 2.(1) “ Species ” means any kind of animal or...

        3. Environmental authorities

          1. 3.(1) “ Environmental authority ”, in relation to premises in...

        4. Owners and dwellings

          1. 4.(1) “ Owner ”, in relation to premises consisting of...

        5. Operations

          1. 5.(1) “Species control operations” are operations to do one or...

      2. PART 2 Species control agreements

        1. Making of species control agreements

          1. 6.(1) An environmental authority may enter into a “species control...

        2. Content of species control agreements

          1. 7.(1) A species control agreement must provide for—

        3. Notice of compliance

          1. 8.Where an environmental authority considers that an owner of premises...

        4. Liability

          1. 9.An environmental authority is not liable to a person with...

      3. PART 3 Species control orders

        1. When a species control order may be made

          1. 10.(1) An environmental authority may make a species control order...

        2. What an order must do

          1. 11.(1) A species control order under paragraph 10(2)(a) or (b)...

          2. 12.(1) A species control order must— (a) specify the species...

        3. What an order may do

          1. 13.(1) A species control order may contain provision supplementary to...

        4. Notice

          1. 14.(1) After making a species control order, an environmental authority...

        5. Revocation

          1. 15.(1) An environmental authority may at any time revoke a...

        6. Appeals

          1. 16.(1) An owner of premises in relation to which a...

        7. Notice of compliance

          1. 17.Where an environmental authority considers that an owner of premises...

        8. Enforcement

          1. 18.(1) This paragraph applies where an environmental authority considers that...

        9. Offences

          1. 19.(1) A person who, without reasonable excuse, fails to comply...

        10. Liability

          1. 20.(1) An owner of premises is not liable to any...

      4. PART 4 Powers of entry

        1. Powers of entry

          1. 21.(1) A person who is authorised to do so may...

        2. Authorisation by justice of the peace

          1. 22.(1) To enter premises under paragraph 21 a person must...

        3. Authorisation by environmental authority

          1. 23.(1) To enter premises under paragraph 21 in circumstances other...

        4. Exercise of right of entry

          1. 24.(1) A right of entry under paragraph 21 is exercisable...

      5. PART 5 Supplementary

        1. Compensation

          1. 25.(1) The Secretary of State and the Welsh Ministers may...

        2. Codes of practice

          1. 26.(1) The Secretary of State must issue a code of...

          2. 27.(1) The Welsh Ministers must issue a code of practice...

          3. 28.(1) A person's failure to comply with a provision of...

    16. 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...

    17. 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...

    18. SCHEDULE 11

      Procedure in Connection with Certain Orders under Part II

      1. Coming into operation

        1. 1. Procedure in Connection with Certain Orders under Part II

      2. Publicity for orders

        1. 2. Procedure in Connection with Certain Orders under Part II

      3. Unopposed orders

        1. 3. Procedure in Connection with Certain Orders under Part II

      4. Opposed orders

        1. 4. Procedure in Connection with Certain Orders under Part II

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

        1. 5. Procedure in Connection with Certain Orders under Part II

      6. Notice of final decision on orders

        1. 6. Procedure in Connection with Certain Orders under Part II

      7. Proceedings for questioning validity of orders

        1. 7. Procedure in Connection with Certain Orders under Part II

      8. Interpretation

        1. 8. Procedure in Connection with Certain Orders under Part II

    19. SCHEDULE 12

      Procedure in Connection With Orders Under Section 36

      1. Consultation

        1. 1. Procedure in Connection With Orders Under Section 36

      2. Publicity for draft orders

        1. 2. Procedure in Connection With Orders Under Section 36

      3. Unopposed orders

        1. 3. Procedure in Connection With Orders Under Section 36

      4. Opposed orders

        1. 4. Procedure in Connection With Orders Under Section 36

      5. Restriction on power to make orders with modifications

        1. 5. Procedure in Connection With Orders Under Section 36

      6. Local inquiries

        1. 6. Procedure in Connection With Orders Under Section 36

      7. Notice of making of orders

        1. 7. Procedure in Connection With Orders Under Section 36

      8. Proceedings for questioning validity of orders

        1. 8. Procedure in Connection With Orders Under Section 36

      9. Supplemental

        1. 9. Procedure in Connection With Orders Under Section 36

    20. SCHEDULE 13

    21. 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...

    22. 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. Procedure in Connection with Certain Orders Under Part III

      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...

    23. SCHEDULE 16

      Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

      1. 1—4. Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

      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...

    24. 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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