Wildlife and Natural Environment (Scotland) Act 2011

JurisdictionScotland
Citation2011 asp 6


Wildlife and Natural Environment (Scotland) Act 2011

2011 asp 6

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2nd March 2011 and received Royal Assent on 7th April 2011

An Act of the Scottish Parliament to make provision in connection with wildlife and the natural environment; and for connected purposes.

1 Defined expressions

Part 1

Defined expressions

S-1 Defined expressions in this Act

1 Defined expressions in this Act

In this Act-

"the 1946 Act" means the Hill Farming Act 1946 (c.73),
"the 1981 Act" means the Wildlife and Countryside Act 1981 (c.69),
"the 1992 Act" means the Protection of Badgers Act 1992 (c.51),
"the 1996 Act" means the Deer (Scotland) Act 1996 (c.58),
"the 2004 Act" means the Nature Conservation (Scotland) Act 2004 (asp 6).
2 Wildlife under the 1981 Act

Part 2

Wildlife under the 1981 Act

Wild birds, their nests and eggs

Wild birds, their nests and eggs

S-2 Application of the 1981 Act to game birds

2 Application of the 1981 Act to game birds

In section 27(1) of the 1981 Act (interpretation of Part I)-

(a) the definition of "game bird" is repealed,

(b) in the definition of "wild bird", the words "or, except in sections 5 and 16, any game bird" are repealed.

S-3 Protection of game birds etc. and prevention of poaching

3 Protection of game birds etc. and prevention of poaching

(1) The 1981 Act is amended as follows.

(2) In the italic heading before section 1 (protection of wild birds, their nests and eggs), at the end add "and prevention of poaching".

(3) In that section, for subsection (6) ("wild birds" in section 1 does not include birds shown to have been bred in captivity), substitute-

"(6) For the purposes of this section, the definition of "wild bird" in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless-

(a) it has been lawfully released or allowed to escape from captivity as part of a re-population or re-introduction programme; or

(b) it is a mallard, grey or red-legged partridge, common pheasant or red grouse which is no longer in captivity and is not in a place where it was reared.".

(4) In section 2 (exceptions to section 1)-

(a) in the title, at the end add ": acts by certain persons outside close season",

(b) in subsection (1), after "this section," insert "where subsection (1A) applies",

(c) after that subsection insert-

"(1A) This subsection applies where-
(a)the person who kills or injures had-

(i) a legal right to kill such a bird; or

(ii) permission, from a person who had a right to give permission, to kill such a bird; or

(b)the person who takes had-

(i) a legal right to take such a bird; or

(ii) permission, from a person who had a right to give permission, to take such a bird.",

(d) in subsection (3), after "Christmas Day" insert "in relation to those birds included in Part I of Schedule 2 which are also included in Part IA of that Schedule",

(e) after subsection (3), insert-

"(3A) Subject to the provisions of this section, where subsection (3B) applies a person does not commit an offence under section 1 by reason of the taking for the purposes of breeding of-

(a) a partridge or pheasant included in Part I of Schedule 2; or

(b) an egg of such a bird.

(3B)This subsection applies where-

(a) the person who takes does so during the period of 28 days commencing with the first day of the close season for the bird; and

(b)the person who takes had-

(i) a legal right to take such a bird; or

(ii) permission, from a person who had a right to give permission, to take such a bird.

(3C)A person does not commit an offence under section 1 by reason of the taking of a red grouse if-
(a)the grouse is taken-

(i) for the purpose of preventing the spread of disease; and

(ii) with the intention of releasing it from captivity after no more than 12 hours; and

(b)the person had-

(i) a legal right to take such a grouse; or

(ii) permission, from a person who had a right to give permission, to take such a grouse.",

(f) in subsection (4)-

(i) after paragraph (b) insert-

"(ba) in the case of pheasant, the period in any year commencing with 2nd February and ending with 30th September;

(bb)in the case of partridge, the period in any year commencing with 2nd February and ending with 31st August;",

(ii) after paragraph (c) insert-

"(ca) in the case of black grouse, the period commencing with 11th December in any year and ending with 19th August in the following year;

(cb) in the case of ptarmigan and red grouse, the period commencing with 11th December in any year and ending with 11th August in the following year;",

(g) in subsection (7)-

(i) for "a person" substitute "such persons",

(ii) at the end add "as he considers appropriate".

(5) In section 5(5) (use of cage traps or nets for breeding purposes), for "game bird" substitute "grouse, mallard, partridge or pheasant included in Part I of Schedule 2".

(6) In section 26 (regulations, orders, notices etc.)-

(a) in subsection (2)-

(i) after "than" insert "-

(a)an order under any of",

(ii) for "and" substitute "or",

(iii) after "11(4)" insert "; and

(b) an order under section 22(1)(a) which removes from Part I of Schedule 2 black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge,",

(b) in subsection (3)-

(i) after "No" insert "-

(ii) after "11(4)" insert "; or

(b) order under section 22(1)(a) which removes from Part I of Schedule 2 any bird referred to in paragraph (b) of subsection (2),".

(7) In Schedule 2, Part I (birds which may be killed or taken outside the close season)-

(a) before the entries relating to the bird with the common name "Mallard" insert in columns 1 and 2 the following entries-

"Grouse, Black

Tetrao tetrix

Grouse, Red

Lagopus lagopus scoticus",

(b) after the entries relating to the bird with the common name "Moorhen" insert in columns 1 and 2 the following entries-

"Partridge, Grey

Perdix perdix

Partridge, Red-legged

Alectoris rufa

Pheasant, Common

Phasianus colchicus",

(c) after the entries relating to the bird with the common name "Pochard" insert in columns 1 and 2 the following entries-

"Ptarmigan

Lagopus mutus",

(8) In Schedule 2, after Part I insert-

"Part IA

Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

Common name

Scientific name

Coot

Fulica atra

Duck, Tufted

Aythya fuligula

Gadwall

Anas strepera

Goldeneye

Bucephala clangula

Goose, Canada

Branta canadensis

Goose, Greylag

Anser anser

Goose, Pink-footed

Anser brachyrhynchus

Mallard

Anas platyrhynchos

Moorhen

Gallinula chloropus

Pintail

Anas acuta

Plover, Golden

Pluvialis apricaria

Pochard

Aythya ferina

Shoveler

Anas clypeata

Snipe, Common

Gallinago gallinago

Teal

Anas crecca

Wigeon

Anas penelope

Woodcock

Scolopax rusticola".

S-4 Areas of special protection for wild birds

4 Areas of special protection for wild birds

(1) The 1981 Act is amended as follows.

(2) Section 3 (areas of special protection) is repealed.

(3) In section 4 (exceptions to sections 1 and 3)-

(a) for the title, substitute "Further exceptions to s. 1",

(b) in subsection (1) the words "or in any order made under section 3" are repealed,

(c) in subsections (2) and (3) the words "or any order made under section 3" are repealed.

(4) In section 16 (power to grant licences)-

(a) in subsection (1) the words "and orders under section 3" are repealed,

(b) in subsection (2) for "and orders under section 3 do" substitute "does".

(5) In section 26 (regulations, orders, notices etc.)-

(a) in subsection (2) "3," is repealed,

(b) in subsection (4)(a) the words from ", except" to "3," are repealed.

S-5 Sale of live or dead wild birds, their eggs etc.

5 Sale of live or dead wild birds, their eggs etc.

(1) The 1981 Act is amended as follows.

(2) In section 2-

(a) in subsection (4) (close seasons), for "this section and section 1" substitute "section 1, this section and section 6",

(b) in subsection (6) (period of special protection forms part of close season), for "this section and section 1" substitute "section 1, this section and section 6".

(3) In section 6 (sale etc. of live or dead wild birds, eggs etc.)-

(a) in subsection (1)(a)-

(i) the words from "other" to "3" are repealed,

(ii) after "egg" where it second occurs insert "other than-

(i) a bird included in Part I of Schedule 3 (see also subsection (5));

(ii) a bird included in Part 1A of that Schedule to which subsection (1A) applies; or

(iii) an egg to which subsection (1B) applies or any part of such an egg",

(b) after subsection (1) insert-

"(1A) This subsection applies to a bird which-

(a) was bred in captivity and remained in captivity or a place where it was reared;

(b) was a wild bird for the purposes of section 1 (see section 1(6)) and was taken by a person who had a legal right to take such a bird or a person with permission, from a person who had a right to give permission, to take such a bird outside the close season for the bird; or

(c)was such a wild bird of the following type and was taken by a person with such right or permission during the period of 28 days which commences with the first day of its close season--

(i) a partridge included also in Part I of Schedule 2; or

(ii) a pheasant included also in that Part.

(1B)This subsection applies to the following eggs-

(a) an egg of a bird included in Part IA of Schedule 3 to which subsection (1A) applies; or

(b)an egg of a bird included in Part IA of Schedule 3 to which that subsection does not apply if the egg was taken-

(i) outside the close...

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