10(1)In section 8 of that Act (general exceptions), after subsection (1) there shall be inserted the following subsections—
“(1A)A person shall not be guilty of an offence under section 1(1) of this Act by reason of—
(a)the killing or taking or the attempted killing or taking of any badger, or
(b)the injuring of any badger in the course of taking it or attempting to kill or take it,
if he shows that his action was necessary for the purpose of preventing serious damage to land, crops, poultry or any other form of property.
(1B)The defence provided by subsection (1A) above shall not apply in relation to any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—
(a)a licence under section 9 of this Act authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or
(b)an application for such a licence had been determined”.
(2)In section 9 of that Act (1icences) at the end of subsection (1) there shall be inserted the following paragraph—
“(e)for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers within an area specified in the licence by any means so specified.”
(3)In subsection (2)(b) of that section after the words " paragraph (d) " there shall be inserted the words " or (e) ".
(4)After subsection (3) of that section there shall be inserted the following subsection—
“(4)The Minister of Agriculture, Fisheries and Food and the Secretary of State shall from time to time consult with the Nature Conservancy Council as to the exercise of their functions under subsection (1)(e) above ; and neither of them shall grant a licence of any description unless he has been advised by the Council as to the circumstances in which, in the Council's opinion, licences of that description should be granted.”