Wildlife and Countryside Act 1981 - Penalties

Penalties

Tried with regards to each separate animal/site involved. If multiple organisms or sites are involved then defendant tried per animal/site involved:

• Up to £5,000 fine (incidents involving SSSIs can now incur fines of up to £20,000 under amendments made by the Countryside and Rights of Way Act 2000).
• Up to six months imprisonment
• If the defendant is a corporation then the head of that corporation may also be tried as liable and face the fine and/or prison sentence.

(RSPB, 2011)

Exemptions

Exemptions to Part 1- Wildlife

There are various exemptions applied to part one providing protection for wildlife, thus no lawful act or offence will be committed, if:

• an authorised person for example by obtaining a licence from Natural England or DEFRA kills or takes a wild bird, damages or destroys the nest of a bird and damages or removes eggs from the nest.
• an authorised person for example has obtained a licence for killing or injuring an animal in schedule 5 and can provide sufficient evidence stating it was necessary to prevent damage and protect livestock, crops, vegetables, fruit, growing timber and fisheries.
• a wild bird or animal has been taken if injured and that person’s intention is to tend and return the bird or animal to the wild when fully recovered. If it is so severely injured beyond recovery then it can be killed in the most humane way possible.

All sick and injured birds and animals which are being cared for must be registered with DEFRA.

• it can be shown that the destruction of a nest, egg, bird, animal or an animal’s shelter was accidental from a lawful operation and could not have been avoided.
• an individual can provide evidence showing it was necessary to kill or injure a protected animal or bird in order to protect livestock, crops, vegetables, fruit, growing timber and fisheries.

WCA, 1981)