Commentary on Sections Section 16 - Licences under Article 18
Article 18 of the Wildlife Order permits activities that would otherwise constitute an offence to be carried out for particular purposes under licence. This Section amends those provisions and will permit licensed activity for additional purposes i.e. for research; for the re-population of an area or re-introduction into an area of wild birds; for conserving animals, wild birds or plant life; or for the protection of inland waters.
The Department will be required to be satisfied, before it issues licences allowing any activity that will affect wild birds, or their nests or eggs, that there is no other satisfactory solution and that licences issued for certain purposes are only issued on a selective basis and in respect of small numbers of birds. Any licence which permits the killing of wild birds will be required to specify certain conditions.
There is provision for the Department to issue licences to permit, for the purpose of development, the disturbance or destruction of any structure a protected animal uses for shelter or protection. Typically this would apply to badger setts.