Part 6: Nature and Biodiversity Section 111: Wildlife conservation: licences
Many wild animals and their habitats are protected under the Wildlife and Countryside Act 1981 ("the 1981 Act") and the Conservation of Habitats and Species Regulations 2017 ("the 2017 Regulations"). A licence may be required for activities that might otherwise be offences under the legislation, such as demolishing an unsafe derelict building that contains a bat roost. This section removes inconsistencies between the licensing provisions in the 1981 Act and the 2017 Regulations, particularly those that may impede species conservation strategies. It enables licences to be issued under section 16(3) of the 1981 Act for reasons of overriding public interest. It also ensures that no licence may be issued unless there is no other satisfactory solution and the granting of the licence is not detrimental to the survival of any population of the species concerned. It also extends the maximum period for which a licence may be issued by Natural England from two to five years.
	Subsection (1) establishes that, if a licence has been granted by Natural England under the 2017 Regulations for an activity, the licence will provide a defence in relation to carrying out that same activity under the 1981 Act. This clarifies that Natural England only needs to issue one licence to cover an activity in relation to a particular species.
	Subsection (2) sets out that protected species licences can be issued for "reasons of overriding public interest" in England under the 1981 Act. An equivalent licensing purpose is currently set out in the 2017 Regulations, but not in the 1981 Act, which can lead to uncertainty about how activities should be licensed for species that are covered by both pieces of legislation. Removing this uncertainty ensures a legally consistent approach to licensing under the 1981 Act and the 2017 Regulations, and also helps to clarify that Natural England only needs to issue one licence to cover an activity for a particular species. This does not weaken the strict protections that are in place for the most vulnerable species.
	Subsection (3) specifies that no licence may be issued under section 16(3) of the 1981 Act unless there is no other satisfactory solution and the granting of the licence is not detrimental to the survival of any population of the species concerned. These additional safeguards apply to all species licences issued under section 16(3), not just those granted under the new "overriding public interest" purpose. The first safeguard requires applicants to demonstrate that there is no suitable alternative to undertaking an activity under licence. The second ensures that licences will only be granted after full consideration of the impact of an activity and where this will not be detrimental to populations of the protected species at local, regional or national levels.
	Subsection (4) establishes that licences granted by Natural England under section 16(3) of the 1981 Act can be for a period of up to five years instead of up to two years. The availability of a longer licensing period supports species conservation strategies which aim to achieve the best long-term outcomes for the species concerned. It may also be beneficial in other circumstances where longer licences pose no risk to the conservation status of the species concerned. It therefore provides Natural England with the discretion to set a longer licence period when that is appropriate.
	Subsection (5) ensures that the definition of "appropriate authority" includes the "relevant conservation body" for the purposes of section 16(3) of the 1981 Act and applies to the new licensing purpose established by subsection (2). The relevant conservation body is Natural England.
	Subsection (6) establishes that licences granted by Natural England under regulation 55 of the Conservation of Habitats and Species Regulations 2017 can be for a period of up to five years instead of up to two years, in a similar way and for similar reasons to subsection (4).