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The Wildlife Licence Charges (England) Order 2018

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2.—(1) In this Order—

“the 1981 Act” means the Wildlife and Countryside Act 1981(1);

“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017(2);

“application” includes a notification to Natural England(3) under a class licence(4) of a particular site where an applicant intends to carry out licensed activities, and in this context “applicant” means a person intending to rely on the class licence;

“bats” means all species of—

(a)

horseshoe bats (Rhinolophidae);

(b)

typical bats (Vespertilionidae);

“complex application” means an application for a licence which requires Natural England to spend, prior to its issue, 5 hours or more assessing the impact on conservation of the licensable activities;

“protected species or habitat” means—

(a)

species protected under—

(i)

Schedule 1, Part 1 of Schedule 2, Schedule 5, Schedule 6 or Schedule 8 to the 1981 Act(5);

(ii)

the Deer Act 1991(6);

(iii)

the Protection of Badgers Act 1992(7); or

(iv)

Schedule 2, Schedule 4 or Schedule 5 to the 2017 Regulations;

(b)

species and habitats set out in the biodiversity list published by the Secretary of State in August 2010 under section 41 of the Natural Environment and Rural Communities Act 2006(8); and

“simple application” means an application for a licence which requires Natural England to spend, prior to its issue, less than 5 hours assessing the impact on conservation of the licensable activities.

(2) In this Order, the issue of a licence includes—

(a)renewal or modification of a licence;

(b)registration under a class licence for the purpose of reliance on that licence;

(c)authorisation under a licence to carry out licensed activities at a particular site.

(1)

1981 c. 69 (“the 1981 Act”).

(3)

See sections 1 and 2 of the 2006 Act for the constitution and general purpose of Natural England.

(4)

See for example section 16(5)(b) and (8) of the 1981 Act for the power to issue a licence to persons of a class.

(5)

Relevant amending instruments are, in relation to Schedule 2, the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), section 3; and S.I. 1992/310; in relation to Schedule 5, S.I. 1991/367, 1988/288, 1989/906, 1992/2350, 1998/878, 2007/1843, 2008/431, 1927 and 2172; and in relation to Schedule 8, S.I. 1988/288, 1992/2350, 2007/1843 and 2011/2015.

(8)

The list is available at the following link: http://webarchive.nationalarchives.gov.uk/20140605093420/http://www.naturalengland.org.uk/ourwork/conservation/biodiversity/protectandmanage/habsandspeciesimportance.aspx. A hard copy of the list is available from Natural England, County Hall, Spetchley Road, Worcester, WR5 2NP.

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