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

Changes over time for: Section 39

Version Superseded: 15/02/2007

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Point in time view as at 29/11/2004. This version of this provision has been superseded.

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Protection of wild animals of European protected speciesE+W+S

39.—(1) It is an offence–

(a)deliberately [F1or recklessly] to capture or kill a wild animal of a European protected species;

(b)deliberately [F1or recklessly] to disturb any such animal;

(c)deliberately [F1or recklessly] 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.

[F2(1A) Subject to the provisions of this Part, it is an offence to deliberately or recklessly, harass any wild animal of a European protected species included in Schedule 2 as a dolphin, porpoise or whale (cetacea).]

(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 [F3at or from a place in Scotland], [F4or]

(b)that the animal or other thing in question had been lawfully sold [F5at a place in Scotland] (whether to him or any other person) [F6, or

(c)that the animal or other thing in question had been killed at, taken from or sold at a place outwith Scotland and–

(i)that the act of killing, taking or sale would, if it had been committed in Scotland, have been lawful; or

(ii)that the animal or other thing in question had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations]

[F7For this purpose “lawfully” means without any contravention of these Regulations or Part I of the Widlife and Countryside Act 1981(1).]

[F8(4A) References in this regulation to–

(a)“lawful”and “lawfully”mean without any contravention of these Regulations or Part I of the Wildlife and Countryside Act 1981;

(b)“the relevant regulations” means–

(i)Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade as last amended by Commission Regulation (EC) 834/04; and

(ii)Commission Regulation (EC) 1808/2001 on the implementation of that Council Regulation.

(4B) Subject to the provisions of this Part, it is an offence to knowingly cause or permit to be done an act which is made unlawful by any of the provisions of this regulation.]

(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 [F9to imprisonment for a term not exceeding six months or] to a fine not exceeding level 5 on the standard scale [F10, or to both].

Textual Amendments

F1Words in reg. 39(1)(a)-(c) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(a) (with regs. 20, 21)

F2Reg. 39(1A) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(b) (with regs. 20, 21)

F3Words in reg. 39(4)(a) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(c)(i) (with regs. 20, 21)

F4Word in reg. 39(4)(a) omitted (S.) (29.11.2004) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(c)(ii) (with regs. 20, 21)

F5Words in reg. 39(4)(b) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(c)(iii) (with regs. 20, 21)

F6Reg. 39(4)(c) and word inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(c)(v) (with regs. 20, 21)

F7Words in reg. 39(4) omitted (S.) (29.11.2004) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(c)(iv) (with regs. 20, 21)

F8Reg. 39(4A)(4B) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(d) (with regs. 20, 21)

F9Words in reg. 39(6) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(e)(i) (with regs. 20, 21)

F10Words in reg. 39(6) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 10(e)(ii) (with regs. 20, 21)

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