- Enforced by
- Environment Agency, OEP, NatureScot, APHA, DEFRA, Forestry Commission, Natural England, NRW
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 16 of 58 obligations carry up to 2 years imprisonment. 25 carry different penalties and 17 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 17 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Director or Officer — also bound by 429 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Wildlife
34 of 84 sections shown- Harming wild birds, their eggs, or their nestsAny Person
- Breach of bird protection or entry rules in special protection areasAny Person
- Use prohibited methods to kill or take wild birdsAny Person
- Unlawful sale, transport, or advertising of wild birds or eggsAny Person
- Possessing or trading unregistered Schedule 4 birdsAny Person
- Confine birds in undersized cages or organize shooting of captive birdsAny Person
- Interfere with, harm, or trade in protected wild animalsAny Person
- Kill, injure, or take wild hares during the close seasonAny Person
- Use prohibited methods for killing or taking wild animalsAny Person
- Unlawfully kill, injure, or take wild hares or rabbitsAny Person
- Sell, possess or advertise illegally taken wildlifeAny Person
- Unlawful picking, uprooting, or sale of protected wild plantsAny Person
- Unlawfully release or plant non-native species into the wildAny Person
- Unlawfully selling or advertising invasive non-native speciesAny Person
- Breach of invasive alien species regulationsAny Person
- Release or allow the escape of non-native or invasive speciesAny Person
- Fail to notify authorities of invasive species on your landAny Person
Other duties (1) — Crown / regulator
- Regulators must provide notice when making a species control orderStatutory regulator
- Fail to comply with a species control orderAny Person
Other duties (1) — Crown / regulator
- Courts may grant warrants for forced entry to your premisesTribunal / Court
- Illegal sale or advertising of restricted non-native speciesAny Person
Other duties (1) — Crown / regulator
- Secretary of State may issue codes of practice for non-native speciesCrown / Minister / Government department
- Keep or possess prohibited invasive animals or plantsAny Person
- Illegal possession of prescribed pesticidesAny Person
- Apply for a licence to kill or take certain birdsOccupier
Unlimited fine
Other duties (1) — Crown / regulator
- Scottish Ministers must report every 5 years on section 16AA licencesCrown / Minister / Government department
- Provide false information to obtain wildlife licences or registrationsAny Person
- Attempt to commit wildlife offences or possess equipment for offencesAny Person
- Ensure only a veterinary surgeon takes samples from live animalsAny Person
- Obstruct a wildlife inspector or fail to assist during an inspectionAny Person
- Obstruct wildlife inspections or fail to provide specimens for samplingAny Person
Other duties (1) — Crown / regulator
- Secretary of State must establish or appoint wildlife advisory bodiesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Local authorities must publicise wildlife protection laws and may prosecuteLocal authority
- Breach of habitat or species conservation regulationsAny Person
50 other sections in this Part — procedural and definitional
Nature Conservation, Countryside and National Parks
18 of 52 sections shownOther duties (1) — Crown / regulator
- Natural England must notify owners and occupiers of SSSI designationsStatutory regulator
Other duties (1) — Crown / regulator
- Natural England must notify owners and councils when enlarging an SSSIStatutory regulator
Other duties (1) — Crown / regulator
- Natural England must follow formal procedures to denotify SSSIsStatutory regulator
Other duties (1) — Crown / regulator
- Public authorities must further the conservation of SSSIsCrown / Minister / Government department
Unlimited fine
- Notify Natural England before carrying out works near an SSSIAny Person
Other duties (1) — Crown / regulator
- Natural England must be consulted before SSSI operations are authorisedStatutory regulator
Unlimited fine
Other duties (1) — Crown / regulator
- Natural England must compensate owners for withdrawn or modified consentsStatutory regulator
- Damage or disturb a Site of Special Scientific Interest (SSSI)Any Person
Unlimited fine
- Fail to notify Natural England of SSSI ownership or occupancy changesAny Person
Fine up to £200
- Damage or obscure SSSI signs or noticesAny Person
Fine up to £2,500
- Fail to comply with restoration order after SSSI damageAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Ministers must consider nature conservation and SSSI damage in grant decisionsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Ministers must provide guidance on Sites of Special Scientific Interest (SSSI)Crown / Minister / Government department
- Unauthorised removal or disturbance of limestone pavementAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Natural England and NRW must notify owners of Ramsar site designationsStatutory regulator
Other duties (1) — Crown / regulator
- Relevant authority must offer management agreement if grant is refusedCrown / Minister / Government department
- Notify National Park Authority before agricultural work on moor or heathOccupier
Unlimited fine
- Obstructing an authorised inspector entering your landAny Person
Fine up to £1,000
34 other sections in this Part — procedural and definitional
Public Rights of Way
3 of 18 sections shownOther duties (1) — Crown / regulator
- Local authorities must maintain a public register of rights of way applicationsLocal authority
- Keep a bull in a field crossed by a public right of wayOccupier
Fine up to £1,000
- Unlawful ploughing or failure to restore public rights of wayOccupier
Fine up to £200
15 other sections in this Part — procedural and definitional
Miscellaneous and General
2 of 13 sections shown- Personal liability of directors and managers for company wildlife offencesDirector or Officer
- Liability of Scottish partners and managers for wildlife offencesAny Person
11 other sections in this Part — procedural and definitional
Schedules
1 of 124 shown- Obstruct authorised wildlife inspectionAny Person
Fine up to £200
123 other schedules
2 other provisions
Help complying
Guvnor’s practical routes through this instrument.
Ecological compliance for development projects
Learn the full lifecycle of ecological obligations when developing land, from protected species surveys and wildlife licensing through to biodiversity net gain …
Protected species found on your development site
What to do when protected species are discovered on your development site, from immediate actions through licensing and managing project delays.
Do I need a wildlife licence for my project?
Quick decision tree to determine if your development or land management activity requires a wildlife licence from Natural England.
Starting farming: complete compliance journey
New farmers: everything you need to register, comply, and access funding - from CPH numbers to environmental schemes. Follow this step-by-step journey …
Failed a farm inspection: what to do next
What to do when you receive a non-compliance notice from a farm inspection. Covers understanding your notice, your rights, taking corrective action, …
Planning permission for new development
A complete guide to getting planning permission for your first development project, from understanding when you need permission to navigating conditions and …
Apply for a species licence from NatureScot
How to apply for a NatureScot species licence when your business activities could affect protected species in Scotland. Covers European Protected Species …
Commission protected species surveys for your site
How to commission ecological surveys for development sites that may support protected species. Covers when surveys are needed, types of survey for …
Ecology survey requirements for construction in Scotland
When you need ecological surveys for construction and development projects in Scotland, what types of survey are required, seasonal timing constraints, and …
Get a wildlife licence for your development project
How to obtain wildlife licences from Natural England before development that affects protected species. Covers European Protected Species mitigation licences, bat surveys, …
Invasive species obligations in Scotland
Your legal obligations regarding invasive non-native species in Scotland. Covers criminal offences under the Wildlife and Countryside Act 1981, Schedule 9 species, …
Manage invasive non-native species on your land
Legal obligations for managing invasive non-native species on business premises and development sites. Covers Japanese knotweed, giant hogweed, Himalayan balsam, identification, treatment …
Managing land within an SSSI in Scotland
Your legal obligations when you own, occupy, or manage land within a Site of Special Scientific Interest (SSSI) in Scotland. Covers Operations …
Protected species offences and penalties in Scotland
Quick reference for criminal offences and penalties relating to protected species in Scotland. Covers European Protected Species, Wildlife and Countryside Act offences, …
9 more guides that reference this instrument
Connected legislation
Instruments made under this Act. They carry the detail the Act delegates.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.