WILDLIFE Citation, commencement and interpretation 1 1 These Regulations may be cited as the Wildlife and Countryside Act 1981 (Amendment) Regulations 1995 and shall come into force on 30th November 1995. 2 In these Regulations, “ the Act ” means the Wildlife and Countryside Act 1981 . Amendments of section 4 2 1 In subsection (3) of section 4 of the Act (exceptions to sections 1 and 3), in paragraph (c), for the words “or fisheries” there shall be substituted the words “, fisheries or inland waters”. 2 After that subsection there shall be inserted the following subsections— 4 An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution. 5 An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either— a a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or b an application by him for such a licence had been determined. 6 An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action. Amendments of section 16 3 1 Section 16 of the Act (power to grant licences) shall be amended as follows. 2 In subsection (1)— a for paragraph (a) there shall be substituted the following paragraph— a for scientific, research or educational purposes; ; b after paragraph (c) there shall be inserted the following paragraphs— ca for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes; cb for the purpose of conserving flora or fauna; ; and c in paragraph (k), for the words “or fisheries” there shall be substituted the words “, fisheries or inland waters”. 3 After that subsection there shall be inserted the following subsection— 1A The appropriate authority— a shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and b shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds. 4 In subsection (5), for the words “subsection (6)” there shall be substituted the words “subsections (5A) and (6)”. 5 After that subsection there shall be inserted the following subsection— 5A A licence under subsection (1) which authorises any action in respect of wild birds— a shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken; b shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and c subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence. 6 In subsection (6), for the words “(1), (2) or (3)” there shall be substituted the words “(2) or (3)”. 7 In subsection (9), in paragraph (a), for the words “paragraph (a), (b), or (c)”there shall be substituted the words “any of paragraphs (a) to (cb)”. 8 After that subsection there shall be inserted the following subsection— 9A In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 ( No. 79/409/ EEC ) on the conservation of wild birds. Consequential amendment of section 27 4 In subsection (1) of section 27 of the Act (interpretation of Part I), after the definition of “game bird” there shall be inserted the following definition— “inland waters” means— 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. John Selwyn Gummer Secretary of State for the Environment 25th October 1995 Michael Forsyth Secretary of State for Scotland 30th October 1995 William Hague Secretary of State for Wales 31st October 1995