Natural Environment (Scotland) Act 2026

48 Licensing: land on which certain birds may be killed or taken

(1) Section 16AA of the Wildlife and Countryside Act 1981 (“the 1981 Act”) (licensing: land on which certain birds may be killed or taken) is modified in accordance with subsections (2) to (5).

(2) In subsection (4), for paragraph (c), substitute—

“(c) describe the area of land to which the applicant proposes the licence should relate,”.

(3) After subsection (5) insert—

“(5A) The relevant authority may—

(a) where it considers it reasonable and appropriate to do so, propose to the applicant a different area to which the licence is to relate from that specified in the application, together with reasons for such a proposal, and

(b) if unable to reach agreement with the applicant as to what is an appropriate area of land to which the licence is to relate, refuse the application.”.

(4) In subsection (9)(b)(ii)(A), for the words “on the land” substitute “that supports or benefits the activities permitted by the licence,”.

(5) After subsection (9) insert—

“(9A) The relevant authority may not modify a licence under subsection (9)(a) to identify a different area of land to which the licence relates from that which was identified when the licence was granted without the prior agreement of the licence holder.”.

(6) The relevant authority may not suspend or revoke a relevant section 16AA licence under section 16AA(9)(b)(ii)(A) of the 1981 Act, as amended by subsection (4) of this section, in relation to a relevant offence (or conduct which the relevant authority is satisfied constitutes such an offence) committed prior to the coming into force of subsection (4), unless the relevant offence (or conduct) was committed on the land to which the licence relates.

(7) For the purpose of subsection (6)—

(a) “relevant authority” and “relevant offence” are to be construed in accordance with section 16AA(13) of the 1981 Act,

(b) “section 16AA licence” is to be construed in accordance with section 16AA(1) of the 1981 Act and a “relevant section 16AA licence” means a section 16AA licence which was granted prior to the coming into force of this section.