Licence

Protected species licensing (Scotland)

For activities involving protected species which would otherwise be against the law, you may be able to apply for a licence from Scottish Natural Heritage

Scotland Issued by The Scottish Government

What this covers

Agriculture: animalsAgriculture: crops and plants

Why you need it

Parliament created it. The power to require it comes from Wildlife and Countryside Act 1981.

What the Act carries

What our graph holds for Wildlife and Countryside Act 1981 as a whole — the Act behind this licence, not the licence conditions themselves.

Duties on businesses
41
Penalties
48
Exemptions
6

Duties on businesses under the Act

  • Harming wild birds, their eggs, or their nests s.1
  • Breach of bird protection or entry rules in special protection areas s.3
  • Use prohibited methods to kill or take wild birds s.5
  • Unlawful sale, transport, or advertising of wild birds or eggs s.6
  • Possessing or trading unregistered Schedule 4 birds s.7
  • Confine birds in undersized cages or organise shooting of captive birds s.8

… and 35 more business duties in the same Act.

What happens if you get it wrong

  • Attempt to commit wildlife offences or possess equipment for offences 2 years imprisonment
  • Obstruction of a wildlife inspector or failure to assist 2 years imprisonment
  • Breach of bird protection or entry rules in special protection areas 6 months imprisonment
  • Breach of habitat or species conservation regulations 6 months imprisonment
  • Breach of invasive alien species regulations 2 years imprisonment

… and 43 more penalties in the same Act.

Exemptions that may take you outside it

  • Exemption from police entry and search powers for invasive species offences — Offences under Schedule 9A (Invasive Alien Species)
  • Exemptions for taking or killing certain wild birds — Action taken against birds listed in Schedule 2 outside of their specific close seasons (and not on restricted days like …
  • Inner London areas exempt from rights of way mapping rules — Land located in an area that formed part of the administrative county of London immediately before 1st April 1965, unless …
  • Licensed activities exempt from wildlife protection offences — The activity is done under and in accordance with the terms of a licence granted by the appropriate authority
  • Permitted seasonal killing or taking of certain wild bird species — Activity occurs outside the close season for the specific species listed in Schedule 2, Part I

… and 1 more exemption in the same Act.

Read our full dossier on Wildlife and Countryside Act 1981

Who issues it

This one does not go to your council. It is issued by The Scottish Government.

Where to apply

Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.