Badgers Act 1991 (repealed 16.10.1992)

4 Amendment of s. 9 of Badgers Act 1973. U.K.

In section 9 (Licences) of the Badgers Act 1973—

(a) in subsection (1)(a), at the end, there shall be added “ or to interfere with any badger sett within the said area by means so specified ”;

(b) in subsection (1)(d) after the words “to kill or take badgers” there shall be inserted “ or to interfere with a badger sett ”;

(c) in subsection (1)(e) after the words “kill or take badgers” there shall be inserted “ or to interfere with a badger sett ”;

(d) after subsection (1)(e) there shall be inserted—

“(f) for the purpose of any development as defined in section 55(1) of the Town and Country Planning Act 1990 or, as respects Scotland, section 19(1) of the Town and Country Planning (Scotland) Act 1972, to interfere with a badger sett within an area specified in the licence by any means so specified;

(g) for the purpose of any agricultural or forestry operation, to interfere with a badger sett within an area specified in the licence by any means so specified;

(h) for the purpose of any operation (whether by virtue of the Land Drainage Act 1976 or otherwise) to maintain or improve any existing watercourse or drainage works, or construct new works required for the drainage of any land, including works for the purpose of defence against sea water or tidal water, to interfere with a badger sett within an area specified in the licence by any means so specified;

(i) for the purpose of investigating whether any offence has been committed or gathering evidence in connection with proceedings before any court, to interfere with a badger sett, within an area specified in the licence by any means so specified;

(j) for the purpose of the preservation, or archaeological investigation, of a monument scheduled under section 1 of the Ancient Monuments and Archaeological Areas Act 1979, to interfere with a badger sett within an area specified in the licence by any means so specified;

(k) for the purpose of controlling foxes in order to protect livestock, game or wild life, to interfere with a badger sett within an area specified in the licence by any means so specified.”;

(e) in subsection (2)(a), for “(b) or (c)” there shall be substituted “ (b), (c), (f), (i) or (j) ”;

(f) in subsection (2)(b), for “(d) or (e)” there shall be substituted “ (d), (e), (g) or (h) ”;

(g) after subsection (2)(b) there shall be inserted—

“(c) in the case of a licence under paragraph (k) of that subsection—

(i) in England, the Minister of Agriculture, Fisheries and Food or the Nature Conservancy Council for England;

(ii) in Wales, the Secretary of State or the Countryside Council for Wales; and

(iii) in Scotland, the Secretary of State or the Nature Conservancy Council for Scotland.”

(h) the first subsection (4) (which provides for consultation by the Minister of Agriculture, Fisheries and Food and the Secretary of State with the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales in the exercise of certain functions) shall be renumbered as subsection (5); and for “subsection (1)(e)”there shall be substituted, “ subsection (1)(e), (g) or (h) ”; and

(i) at the end of that section there shall be inserted—

“(6) A licence under this section shall not be unreasonably withheld or revoked.”