Part I Wildlife
Protection of birds
1 Protection of wild birds, their nests and eggs.
1
Subject to the provisions of this Part, if any person intentionally—
a
kills, injures or takes any wild bird;
b
takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or
c
takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
2
Subject to the provisions of this Part, if any person has in his possession or control—
a
any live or dead wild bird or any part of, or anything derived from, such a bird; or
b
an egg of a wild bird or any part of such an egg,
he shall be guilty of an offence.
3
A person shall not be guilty of an offence under subsection (2) if he shows that—
a
the bird or egg had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or
b
the bird, egg or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions;
and in this subsection “the relevant provisions” means the provisions of this Part and of orders made under it and, in the case of a bird or other thing falling within subsection (2)(a), the provisions of the Protection of Birds Acts 1954 to 1967 and of orders made under those Acts.
4
Any person convicted of an offence under subsection (1) or (2) in respect of—
a
a bird included in Schedule 1 or any part of, or anything derived from, such a bird;
b
the nest of such a bird; or
c
an egg of such a bird or any part of such an egg,
shall be liable to a special penalty.
5
Subject to the provisions of this Part, if any person intentionally—
a
disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or
b
disturbs dependent young of such a bird,
he shall be guilty of an offence and liable to a special penalty.
6
In this section “wild bird” does not include any bird which is shown to have been bred in captivity.
7
Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule.