Exceptions and licences
7 Exceptions from s. 1.
1
Subject to subsection (2) below, a person is not guilty of an offence under section 1(1) above by reason of—
a
killing or taking, or attempting to kill or take, a badger; or
b
injuring a badger in the course of taking it or attempting to kill or take it,
if he shows that his action was necessary for the purpose of preventing serious damage to land, crops, poultry or any other form of property.
2
The defence provided by subsection (1) above does not apply in relation to any action taken at any time if it had become apparent, before that time, that the action would prove necessary for the purpose there mentioned and either—
a
a licence under section 10 below authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or
b
an application for such a licence had been determined.