Amendments of section 163

1

Section 16 of the Act (power to grant licences) shall be amended as follows.

2

In subsection (1)—

a

for paragraph (a) there shall be substituted the following paragraph—

a

for scientific, research or educational purposes;

b

after paragraph (c) there shall be inserted the following paragraphs—

ca

for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

cb

for the purpose of conserving flora or fauna;

c

in paragraph (k), for the words “or fisheries” there shall be substituted the words “, fisheries or inland waters”.

3

After that subsection there shall be inserted the following subsection—

1A

The appropriate authority—

a

shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

b

shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.

4

In subsection (5), for the words “subsection (6)” there shall be substituted the words “subsections (5A) and (6)”.

5

After that subsection there shall be inserted the following subsection—

5A

A licence under subsection (1) which authorises any action in respect of wild birds—

a

shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

b

shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

c

subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

6

In subsection (6), for the words “(1), (2) or (3)” there shall be substituted the words “(2) or (3)”.

7

In subsection (9), in paragraph (a), for the words “paragraph (a), (b), or (c)”there shall be substituted the words “any of paragraphs (a) to (cb)”.

8

After that subsection there shall be inserted the following subsection—

9A

In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No.79/409/EEC) on the conservation of wild birds.