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.