Species Licensing Legislation

Scottish wildlife is protected under three main pieces of legislation;

• The Wildlife and Countryside Act 1981 (as amended)
• The Conservation (Natural Habitats &c.) Regulations 1994 (as amended)
• The Protection of Badgers Act 1992 (as amended)

Protection is also given to seals under the Marine (Scotland) Act 2010 and to deer under the Deer (Scotland) Act 1996 . These pieces of legislation set out specific offences in relation to protected species of animal, birds and plants. There are a number of exceptions, or defences, against these offences, including licensing. Licences permit actions to be undertaken that would otherwise be illegal. Each piece of legislation gives specific purposes for which licences can be granted and identifies an 'appropriate authority' to be responsible for consideration of licences for each purpose.