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The Conservation (Natural Habitats, &c.) Regulations 1994

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Protection of wild animals of European protected species

39.—(1) It is an offence–

(a)deliberately to capture or kill a wild animal of a European protected species;

(b)deliberately to disturb any such animal;

(c)deliberately to take or destroy the eggs of such an animal; or

(d)to damage or destroy a breeding site or resting place of such an animal.

(2) It is an offence to keep, transport, sell or exchange, or offer for sale or exchange, any live or dead wild animal of a European protected species, or any part of, or anything derived from, such an animal.

(3) Paragraphs (1) and (2) apply to all stages of the life of the animals to which they apply.

(4) A person shall not be guilty of an offence under paragraph (2) if he shows–

(a)that the animal had not been taken or killed, or had been lawfully taken or killed, or

(b)that the animal or other thing in question had been lawfully sold (whether to him or any other person).

For this purpose “lawfully” means without any contravention of these Regulations or Part I of the Widlife and Countryside Act 1981(1).

(5) In any proceedings for an offence under this regulation, the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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