Protection of Badgers Act 1992

Changes over time for: Section 10

Version Superseded: 01/04/2013

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Point in time view as at 29/06/2011. This version of this provision has been superseded.

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Protection of Badgers Act 1992, Section 10 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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10 Licences.E+W+S

(1)A licence may be granted to any person by[F1the appropriate [F2conservation body] [F2authority]] authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence—

(a)for scientific or educational purposes or for the conservation of badgers—

(i)to kill or take, within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified; or

(ii)to interfere with any badger sett within an area specified in the licence by any means so specified;

(b)for the purpose of any zoological gardens or collection specified in the licence, to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified;

(c)for the purpose of ringing and marking, to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence;

(d)for the purpose of any development as defined in section 55(1) of the M1Town and Country Planning Act 1990 or, as respects Scotland, [F3section 26(1) of the Town and Country Planning (Scotland) Act 1997], to interfere with a badger sett within an area specified in the licence by any means so specified;

(e)for the purpose of the preservation, or archaeological investigation, of a monument scheduled under section 1 of the M2Ancient Monuments and Archaeological Areas Act 1979, to interfere with a badger sett within an area specified in the licence by any means so specified;

(f)for the purpose of investigating whether any offence has been committed or gathering evidence in connection with proceedings before any court, to interfere with a badger sett within an area specified in the licence by any means so specified.

(2)[F4A licence may be granted to any person by the appropriate Minister authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence—]

[F5(a)][F5(g)] for the purpose of preventing the spread of disease, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;

[F5(b)][F5(h)] for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;

[F5(c)][F5(i)] for the purpose of any agricultural or forestry operation, to interfere with a badger sett within an area specified in the licence by any means so specified;

[F5(d)][F5(j)] for the purpose of any operation (whether by virtue of the M3Land Drainage Act 1991 or otherwise) to maintain or improve any existing watercourse or drainage works, or to construct new works required for the drainage of any land, including works for the purpose of defence against sea water or tidal water, to interfere with a badger sett within an area specified in the licence by any means so specified.

[F6(3)A licence may be granted to any person either by [F7the appropriate conservation body] or the appropriate Minister authorising that person, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence,]

[F8(k)]to interfere with a badger sett within an area specified in the licence by any means so specified for the purpose of controlling foxes in order to protect livestock, game or wild life.

[F9(4)In this section “[F10the appropriate conservation body]” means, in relation to a licence for an area—

(a)in England, [F11Natural England];

(b)in Wales, the Countryside Council for Wales].

[F9(4) In this section “the appropriate authority” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 10A below.]

(5)[F12 In this section “the appropriate Minister” means in relation to a licence for an area—

(a)in England, the [F13Secretary of State]; and

(b)in Wales or in Scotland, the Secretary of State.]

[F14(6)The appropriate Minister shall from time to time consult with [F15the appropriate conservation body] as to the exercise of his functions under subsection (2)(b), (c) or (d) above and shall not grant a licence of any description unless he has been advised by [F15the appropriate conservation body] as to the circumstances in which, in that [F16body's] opinion, licences of that description should be granted.]

[F14(6)The Scottish Ministers must consult Scottish Natural Heritage before granting a licence under subsection (1) above.]

[F17(7)In relation to Scottish Natural Heritage subsection (6) above shall have effect with the omission of the reference to subsection (2)(c) and (d).]

(8)A licence granted under this section may be [F18modified or] revoked at any time by the authority by whom it was granted, and without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, a person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section is guilty of an offence.

(9)A licence under this section shall not be unreasonably withheld or revoked.

(10)It shall be a defence in proceedings for an offence under section 8(b) of the M4Protection of Animals Act 1911 or section 7(b) of the M5Protection of Animals (Scotland) Act 1912 (each of which restricts the placing on land of poison and poisonous substances) to show that—

(a)the act alleged to constitute the offence was done under the authority of a licence granted under [F19subsection (2)(a)][F19subsection (1)(g)] above; and

(b)any conditions specified in the licence were complied with.

Textual Amendments

F1 Words in s. 10(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 137(a); S.I. 2006/2541, art. 2 (with Sch.)

F2 Word in s. 10(1) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(6)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F3 Words in s. 10(1)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 53

F4 Words in s. 10(2) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F5S. 10(2)(a)-(d) renumbered as s. 10(1)(g)-(j) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F6 Words in s. 10(3) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(6)(c)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F7 Words in s. 10(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 137(a); S.I. 2006/2541, art. 2 (with Sch.)

F8 Words in s. 10(3) renumbered as s. 10(1)(k) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(6)(c)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F9 S. 10(4) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(6)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F10 Words in s. 10(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 137(a); S.I. 2006/2541, art. 2 (with Sch.)