Protection of Birds Act 1967
| Jurisdiction | UK Non-devolved |
| Citation | 1967 c. 46 |
| Year | 1967 |
Protection of Birds Act 1967
1967 CHAPTER 46
An Act to amend the law relating to the protection of birds.
[14th July 1967]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Extension of protection for lapwing eggs.
(1) The prohibition imposed by section 6(1) of the Protection of Birds Act 1954 of that Act on the importation of, the eggs of a lapwing, save as may be authorised by a licence granted under section 10 of that Act, shall, instead of being limited to the period in any year after 14th April, have effect throughout the year; and accordingly in that Act section 6(1)(iii), in section 7(1)(c ) the words ‘on or after the fifteenth day of April in any year’ and section 9(4)(c ) and (d ) are hereby repealed.
(2) In this section any reference to sale shall be construed as including a reference to barter and exchange.
2 Extension of protection for eggs of common wild birds.
2. The power of the Secretary of State under section 2 of the principal Act to prescribe common wild birds whose eggs may be taken or destroyed without contravening section 1 of that Act shall cease; and, accordingly, in subsection (4)(a ) of the said section 2 the words from ‘or of any other common wild bird’ to the end are hereby repealed.
3 Extension of prohibition of sale of dead wild geese.
(1) The prohibition imposed by section 6(1) of the principal Act on a person's selling, offering for sale or having in his possession for sale a dead wild goose, save as may be authorised by a licence granted under section 10 of that Act, shall, instead of being limited to the period in any year commencing with 28th February and ending with 31st August, have effect throughout each year.
(2) Accordingly, for paragraph (c ) of the said section 6(1) there shall be substituted the following paragraph:—
‘(c ) a dead wild goose, or, during the period in any year commencing with 28th February and ending with 31st August, any other dead wild bird being a bird included in Schedule 3 to this Act or a wild duck, whether or not so included;’
(3) In this section any reference to sale shall be construed as including a reference to barter and exchange.
4 Disturbance of nesting birds.
(1) Subject to this section, if any person wilfully disturbs any wild bird included in Schedule 1 to the principal Act (wild birds protected by special penalties) while it is on or near a nest containing eggs or unflown young of any such bird he shall be guilty of an offence against that Act and liable to a special penalty under that Act.
(2) An order made with respect to any area under section 3(1) of the principal Act (establishment of bird sanctuaries) may provide, subject to this section, that any person who, within that area, wilfully disturbs any wild bird while it is on or near a nest containing eggs or unflown young shall be guilty of an offence against that Act; and paragraph (d ) of the said section 3(1) (which enables the order to direct that a person committing an offence within the area to which the order relates shall be liable to a special penalty) shall have effect accordingly.
(3) A person shall not be guilty of an offence by virtue of subsection (1) of this section or of any order made by virtue of subsection (2) of this section—
(a ) by reason of anything done by him for the purpose of examining the nest of any wild bird for scientific or conservation purposes if he is an officer of, or a person for the time being approved for that purpose by, the Natural Environment Research Council; or
(b ) by reason of anything done by him for the purpose of photographing any wild bird or its eggs if he is a person for the time being approved for that purpose by that Council.
(4) An authorised person shall not by virtue of any such order be guilty of an offence by reason of disturbing any wild bird included in Schedule 2 to the principal Act.
(5) In section 4 of the principal Act (general exceptions to liability under section 1 or an order under section 3 of that Act) references to the said section 1 shall include references to subsection (1) above, and references to such an order shall include references to such an order made by virtue of subsection (2) above.
(6) A licence under section 10 of the principal Act to take or kill any wild birds or to take the nests or eggs of any wild birds shall be taken as authorising any act reasonably incidental to that taking or killing which would otherwise constitute an offence against that Act by virtue of this section.
5 Restriction of ringing and marking.
(1) If, save as permitted under this Act, any person—
(a ) rings or marks any wild bird, other than a bird mentioned in paragraph (b...
To continue reading
Request your trial