lexiara

Defined terms — Wildlife and Countryside Act 1981

United Kingdom · ukpga/1981/69 · 1341 provisions

111 defined in this instrument.

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a section 28G authority — an authority to which section 28G applies Section 28P(11)
agriculture Minister — the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ; “ authorised person ”means— the occupier of the land on which the action is taken ; any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ; any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right Schedule 7, paragraph 5(1)
agriculture Minister — the Minister of Agriculture, Fisheries and Food or the Secretary of State Section 27(1)
application — an application under section 53(5) Schedule 14, paragraph 5(1)
appointed person — a person appointed under section 28F(8) or 28L(10); and “ appointment ”, in the case of any appointed person, means appointment under either of those provisions Schedule 10A, paragraph 1
appropriate sheriff — — in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, or in a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh Section 16AB(8)
approved body — a body approved by the appropriate conservation body for the purposes of this section; “nature reserve” has the same meaning as in Part III of the 1949 Act Section 35(5)
authorised person — — the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken; any person authorised in writing by the local authority for the area within which the action authorised is taken; as respects anything done in relation to wild birds, any person authorised in writing by— the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009); any of the following bodies, that is to say, any of the GB conservation bodies, . . . a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 or an inshore fisheries and conservation authority ...; any person authorised in writing by— the Environment Agency, in relation to anything done in England; the Natural Resources Body for Wales, in relation to anything done in Wales; or a water undertaker or a sewerage undertaker, so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land; “automatic weapon” and “semi-automatic weapon” do not include any… Section 27(1)
aviculture — the breeding and rearing of birds in captivity; “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly Section 27(1)
bridleway — a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway Section 66(1)
byway — a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used Section 65(2)
byway open to all traffic — a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used; “definitive map and statement” has the meaning given by section 53(1) Section 66(1)
close season — — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September Section 10A(2)
close season — — in the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September; in the case of snipe, the period in any year commencing with 1st February and ending with 11th August; in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August; in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August Section 2(4)
common land — common land as defined in section 22 of the Commons Registration Act 1965 Section 52(2C)
commoner — a person with rights of common as defined in that section. the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land Section 52(2C)
contained holding — closed facilities from which escape or spread is not possible Schedule 9B, Part 1, paragraph 1
contained holding — closed facilities from which escape or spread is not possible, “invasive alien species” has the same meaning as in section 14AA Section 14C(11)
council offices — offices or buildings acquired or provided by the authority or by a local authority Schedule 15, paragraph 13(2)
council offices — offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council Schedule 16, paragraph 6(4)
Crown land — an interest in land which— belongs to Her Majesty in right of the Crown; belongs to Her Majesty in right of Her private estates; belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or belongs to a government department or is held in trust for Her Majesty for the purposes of a government department Section 66B(6)
domestic duck — any domestic form of duck Section 27(1)
domestic goose — any domestic form of goose; “firearm” has the same meaning as in the Firearms Act 1968 Section 27(1)
Dwelling — a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling Schedule 9A, Part 1, paragraph 4(2)
estuarial waters — any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy) Section 28(9A)
ex-situ conservation — the conservation of components of biological diversity outside their natural habitat Schedule 9B, Part 1, paragraph 1
footpath — a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road; “horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly Section 66(1)
game bird — any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan Section 27(1)
grant provisions — — a grant under a scheme made under section 29 of the Agriculture Act 1970; or a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature; in the case of such a grant as is mentioned in paragraph ( a ) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and in the case of such a grant as is mentioned in paragraph ( b ) above, the regulations under which the grant is made and the EU instrument in pursuance of which the regulations were made Section 32(3)
ground game — hares and rabbits Schedule 7, paragraph 1(2)
ground game — hares and rabbits Schedule 7, paragraph 2(4)
Group 1 licence — a licence authorising anything which would otherwise be a Group 1 offence Section 18B(2)
Group 1 offence — an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA Section 18B(2)
Group 2 licence — a licence authorising anything which would otherwise be a Group 2 offence Section 18D(2)
Group 2 offence — an offence under section 6, 7, 9(5), 13(2) or 14 Section 18D(2)
inland waters — — inland waters within the meaning of the Water Resources Act 1991; any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea; controlled waters within the meaning of Part II of the Control of Pollution Act 1974 other than ground waters as defined in section 30A(1)(d) of that Act Section 27(1)
inshore fisheries and conservation authority — the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009; “livestock” includes any animal which is kept— for the provision of food, wool, skins or fur; for the purpose of its use in the carrying on of any agricultural activity; or for the provision or improvement of shooting or fishing Section 27(1)
invasive alien species — a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern Schedule 9B, Part 1, paragraph 1
invasive alien species — a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern Section 14AA(6)
Invasive Alien Species Regulation — Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species Schedule 9B, Part 1, paragraph 1
Invasive Alien Species Regulation — Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species Section 14AA(6)
lawfully — without any contravention of— this Part and orders made under it, the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, any other legislation which implements the Wild Birds Directive and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 , and the provisions of the law of any member State (other than the United Kingdom) implementing the Wild Birds Directive Section 1(3A)
limestone pavement — an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion Section 34(6)
list of species of special concern — the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time Schedule 9A, Part 1, paragraph 2(6)
local authority — a non-metroplitan district council , a parish . . . council or the parish meeting of a parish not having a separate parish council but, in relation to Wales, means a community council Schedule 14, paragraph 5(1)
local authority — a non-metropolitan district council , a parish . . . council or the parish meeting of a parish not having a separate parish council but, in relation to Wales, means a community council Schedule 15, paragraph 13(2)
local authority — — in relation to England . . ., a county, district or London borough council . . .; in relation to Wales, a county council or county borough council; in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish; “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it Section 27(1)
management agreement — — in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and in relation to Wales, an agreement under section 39 or under section 16 of the Environment (Wales) Act 2016; “the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England and in relation to Wales it also includes the Natural Resources Body for Wales Section 41(5)
notification — notice or notification in writing Section 52(1)
order — an order to which the provisions of this Schedule apply Schedule 15, paragraph 13(2)
poultry — domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys; “premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport; “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly; “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing; “vehicle” includes aircraft, hovercraft and boat; ..... Section 27(1)
prescribed — prescribed by regulations made by the Secretary of State Schedule 14, paragraph 5(1)
prescribed — prescribed by regulations made by the Secretary of State Schedule 15, paragraph 13(2)
prescribed — prescribed by regulations Section 53B(6)
prescribed active ingredient — an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers Section 15A
public path — a highway being either a footpath or a bridleway; “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000 Section 66(1)
recognised dairy breed — one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry Section 59(4)
regulations — regulations made by the Secretary of State by statutory instrument Section 53B(6)
relevant authority — — the Scottish Ministers, or where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage Section 16AA(13)
relevant authority — — the Scottish Ministers, or where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage, “section 16AA licence” is to be construed in accordance with section 16AA(1) Section 16AB(8)
relevant licence — in relation to a facility— a licence granted under section 16(4)(c) by virtue of paragraph 7, a licence granted under article 36(1) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), for the purpose mentioned in article 36(2)(d) of that Order, a licence granted under any provision in legislation which applies in relation to Northern Ireland and enables a licence to be issued for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation Schedule 9B, Part 2, paragraph 2(4)
relevant licence or permit — in relation to an establishment— a licence granted under section 16(4)(c) by virtue of paragraph 6, a permit granted under article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), a permit granted under any provision in legislation which applies in relation to Northern Ireland and which enables a permit to be issued in accordance with Article 8 or 9 of the Invasive Alien Species Regulation Schedule 9B, Part 2, paragraph 2(4)
relevant licence or permit — — for the purposes of sub-paragraph (3)(a)— a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(i) or (ii), a permit granted under section 35(1)(a) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for research or ex-situ conservation in accordance with Article 8 of the Invasive Alien Species Regulation, for the purposes of sub-paragraph (3)(b)— a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(iii), a permit granted under article 35(1)(b) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Invasive Alien Species Regulation Schedule 9B, Part 2, paragraph 3(6)
relevant offence — an offence under— Part 1 of this Act, the Protection of Badgers Act 1992, Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), section 1 of the Wild Mammals (Protection) Act 1996, section 19 of the Animal Health and Welfare (Scotland) Act 2006, the Hunting with Dogs (Scotland) Act 2023 Section 16AA(13)
relevant registration — a registration in accordance with regulations under section 7(1) Section 18D(2)
relevant registration or licence — — a registration in accordance with regulations under section 7(1); or a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC , 14A or 14AA Section 19ZC
reporting period — — in relation to the first report, the period of 5 years beginning on the day on which section 16AA comes into force, and in relation to each subsequent report, the period of 5 years beginning on the day after the expiry of the previous reporting period Section 16AE(6)
research — descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species, Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time Schedule 9B, Part 1, paragraph 1
restricted article — anything falling within subsection (1) or (1A) above Schedule 10, Part I, paragraph 5(2)
review period — — in relation to the first review, the period of 5 years starting on the day on which subsection (1) is complied with, and each subsequent period of 5 years Section 16AC(8)
right of way to which this Part applies — a right of way such that the land over which the right subsists is a public path or a byway open to all traffic; “surveying authority”, in relation to any area, means the county council, county borough council, metropolitan district council, or London borough council whose area includes that area Section 66(1)
Sample — a sample of blood, tissue or other biological material Section 18C(4)
site of special scientific interest — an area of land which has been notified under section 28(1)(b) Section 52(1)
Species — any kind of animal or plant Schedule 9A, Part 1, paragraph 2(1)
specified — specified in the requirement Schedule 15, paragraph 3(3)
specified — specified in the requirement. Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph Schedule 16, paragraph 6(3)
specimen — a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be, .. Schedule 9B, Part 1, paragraph 1
Specimen — — any bird, other animal or plant, or any part of, or anything derived from, a bird, other animal or plant Section 18C(3)
specimen — any bird, other animal , plant, fungus or micro-organism or any part of, or anything derived from, a bird, other animal , plant, fungus or micro-organism Section 19ZC
Statutory undertaker — a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990 Section 28G(4)
the 1949 Act — the National Parks and Access to the Countryside Act 1949 Section 71(1)
the 1968 Act — the Countryside Act 1968; “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988. “the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area; “London borough council” includes the Common Council of the City of London; “modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly; Section 71(1)
the 1976 Act — that Act. The functions of the GB conservation bodies shall include power to advise or assist— in, or in connection with, the enforcement of that Act or any order made under it. any constable; any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or any person duly authorised by the Secretary of State under section 7(3) of that Act Section 15
the appropriate authority — the Marine Management Organisation , but this is subject to subsection (8ZA) Section 16(8A)
the appropriate authority — the Natural Resources Body for Wales Section 16(8C)
the appropriate authority — the Secretary of State Section 16(8ZA)
the appropriate authority — — in the case of a licence under any of paragraphs (a) to (cb) of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the relevant conservation body; in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid; in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) or (j) of subsection (3), the relevant conservation body; in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State Section 16(9)
the appropriate conservation body — — in relation to England, Natural England; in relation to Wales, the Natural Resources Body for Wales; in relation to Scotland, Scottish Natural Heritage Section 34A
the appropriate Minister — the Minister responsible for determining the application Section 32(3)
the cut-off date — subject to regulations under subsection (3), 1st January 2026 Section 54A(2)
the GB conservation bodies — — and references to a conservation body are to be read accordingly. Natural England, the Natural Resources Body for Wales, and Scottish Natural Heritage Section 27(3A)
the international trapping standards agreement — the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation Section 16(3ZK)
the ministerial authority — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers Section 28CA(2)
the ministerial authority — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers Section 35A(12)
the relevant authority — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers Section 16(3ZF)
the relevant authority — — the Secretary of State, for designs of traps or snares approved for use in England; the Welsh Ministers, for designs of traps (other than glue traps) approved for use in Wales; the Scottish Ministers, for designs of traps or snares approved for use in Scotland Section 16(3ZI)
the relevant authority — — in relation to a non-metropolitan county in England, the county planning authority and, in relation to any other area in England, the local planning authority; in relation to any area in Wales, the local planning authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 34(6)
the relevant authority — — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as respects land within the Broads, the Broads Authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as respects any other land, the local planning authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board Section 39(5)
the relevant authority — — for the purposes of paragraphs (a) to (ka) of that subsection, Natural England or the Natural Resources Body for Wales; for the purposes of paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34; for the purposes of paragraph (m) of that subsection, . . . the National Park authority Section 51(2)
The relevant conservation body — — in relation to land in an area in England— subject to sub-paragraph (ii), Natural England; in relation to any time before the commencement of section 27AA, English Nature; in relation to land in an area in Wales, the Natural Resources Body for Wales Section 70B(7)
the relevant date — the date of issue of the first guidelines under subsection (1B) Section 43(3)
the relevant provisions — the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975 the animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or the animal or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions Section 9(3)
the relevant Schedule — — where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA; where proceedings relate to an offence under subsection (2)(c), Schedule 6 Section 11(7A)
the restricted English inshore region — so much of the English inshore region as lies to seaward of mean low water mark; “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009. “Wales” has the meaning given by section 158 of the Government of Wales Act 2006 Section 16(12)
the Scottish list of species of special concern — the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time Section 14AA(6)
the Wild Birds Directive — Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds Section 27(1)
tissue — any type of biological material other than blood Section 19ZD(10)
wild animal — any animal (other than a bird) which is or (before it was killed or taken) was living wild Section 27(1)
wild bird — any bird of a species which is ordinarily resident in or is a visitor to the United Kingdom or the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird Section 27(1)
wild plant — any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state. “wildlife inspector” has the meaning given by section 18A(1) Section 27(1)
wildlife inspector — a person authorised in writing under this section by— the Secretary of State (in relation to England), or the National Assembly for Wales (in relation to Wales) Section 18A(1)