http://www.legislation.gov.uk/ukpga/1981/69/section/4/2011-10-01Wildlife and Countryside Act 1981An Act to repeal and re-enact with amendments the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the Endangered Species (Import and Export) Act 1976; to amend the law relating to nature conservation, the countryside and National Parks and to make provision with respect to the Countryside Commission; to amend the law relating to public rights of way; and for connected purposes.1982-03-01texttext/xmlenStatute Law Database2026-05-05Expert Participation2011-10-01 Part I Wildlife Protection of birds <Addition ChangeId="key-7a7df5425eb7895ff1d1f075425dc07e-1474979256240" CommentaryRef="key-7a7df5425eb7895ff1d1f075425dc07e" Extent="S">and prevention of poaching</Addition> Exceptions to ss. 1 and 3.41Nothing in section 1 or in any order made under section 3 shall make unlawful—aanything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948;banything done under, or in pursuance of an order made under, section 21 or 22 of the Animal Health Act 1981; orcexcept in the case of a wild bird included in Schedule ZA1 or 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.2Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—athe taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;bthe killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; orcany act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.3Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—apreserving public health or public or air safety;bpreventing the spread of disease; orcpreventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, , fisheries or inland waters.4An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution.5An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either—aa licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; orban application by him for such a licence had been determined.6An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action. Exceptions to ss. 1 and 3.41Nothing in section 1 or in any order made under section 3 shall make unlawful—aanything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948;banything done under, or in pursuance of an order made under, section 21 or 22 of the Animal Health Act 1981; orcexcept in the case of a wild bird included in Schedule 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.2Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—athe taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;bthe killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; orcany act made unlawful by those provisions (an unlawful act if he shows that each of the conditions specified in subsection (2A) was satisfied in relation to the carrying out of the unlawful act. 2AThose conditions are—athat the unlawful act was the incidental result of a lawful operation or other activity;bthat the person who carried out the lawful operation or other activity—itook reasonable precautions for the purpose of avoiding carrying out the unlawful act; oriidid not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; andcthat the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild bird, nest or, as the case may be, egg in relation to which the unlawful act was carried out.3Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—apreserving public health or public or air safety;bpreventing the spread of disease; orcpreventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, , fisheries or inland waters.4An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3) unless he shows that as regards that purpose, there was no other satisfactory solution.5An authorised person shall not be entitled to rely on the defence provided by subsection (3) as respects any action taken at any time for any purpose mentioned in that subsection if it had become apparent, before that time, that that action would prove necessary for that purpose and either—aa licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; orban application by him for such a licence had been determined.6An authorised person shall not be entitled to rely on the defence provided by subsection (3) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.This version of this provision extends to Scotland only; a separate version has been created for England and Wales only1947 c. 48. 1948 c. 45. 1981 c. 22. Words in s. 4(2)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(2); S.S.I. 2004/407, art. 2S. 4(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(3); S.S.I. 2004/407, art. 2Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)Words in s. 4(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(4); S.S.I. 2004/407, art. 2Words in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(a); S.S.I. 2004/407, art. 2Word in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(b); S.S.I. 2004/407, art. 2Words in s. 4(6) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(6); S.S.I. 2004/407, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 4(1)(c) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(a),107; S.I. 2006/1382, art. 2Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)