Wildlife Act 1990

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1990/1990-0002/WildlifeAct1990_3.pdf
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Wildlife Act 1990

c i e
AT 2 of 1990

WILDLIFE ACT 1990

Wildlife Act 1990 Index


c AT 2 of 1990 Page 3

c i e
WILDLIFE ACT 1990

Index Section Page

PART I – WILDLIFE 7

Protection of birds 7

1 Protection of wild birds, their nests and eggs ............................................................ 7
2 Exceptions to s 1 .............................................................................................................. 9
3 Areas of special protection: birds ............................................................................... 10
4 Exceptions to ss 1 and 3 ............................................................................................... 11
5 Prohibition of certain methods of killing or taking wild birds .............................. 12
6 Sale etc of live or dead wild birds, eggs etc .............................................................. 14
7 Registration etc of persons in possession of certain captive birds ......................... 15
8 Protection of captive birds ........................................................................................... 17
Protection of other animals 18

9 Protection of certain wild animals .............................................................................. 18
10 Exceptions to s 9 ............................................................................................................ 19
11 Prohibition of certain methods of killing or taking wild animals .......................... 20
Protection of plants 22

12 Protection of wild plants .............................................................................................. 22
Miscellaneous 23

13 Areas of special protection: animals and plants ....................................................... 23
14 Introduction of new species etc .................................................................................. 24
15 [Repealed] ...................................................................................................................... 25
Supplemental 25

16 Power to grant licences ................................................................................................ 25
17 False statements made for obtaining registration or licence etc ............................ 27
18 Prohibition of hunting with dogs ............................................................................... 27
19 Possession of implements etc ...................................................................................... 28
20 Enforcement ................................................................................................................... 28
21 Summary prosecutions ................................................................................................ 29
22 Penalties, forfeitures etc ............................................................................................... 29
23 Power to vary Schedules .............................................................................................. 30
24 Advisory bodies and their functions ......................................................................... 31
Index Wildlife Act 1990


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25 Regulations, orders, notices etc .................................................................................. 31
26 Interpretation of Part I ................................................................................................. 32
26A Exemption for certain flood risk management functions ....................................... 33
PART II – NATURE CONSERVATION 34

27 Areas of special scientific interest .............................................................................. 34
28 Restoration where s 27 contravened .......................................................................... 35
29 Compensation ............................................................................................................... 36
30 Management agreements with owners etc of land .................................................. 37
31 National nature reserves ............................................................................................. 38
32 Marine nature reserves ................................................................................................ 40
33 Byelaws for protection of marine nature reserves ................................................... 40
PART III – MISCELLANEOUS AND GENERAL 42

34 Offences by bodies corporate etc ............................................................................... 42
35 Publication of information .......................................................................................... 42
36 Duty to have regard to environment etc ................................................................... 42
37 Financial provisions ..................................................................................................... 43
38 General interpretation ................................................................................................. 43
39 Consequential amendments ....................................................................................... 43
40 Repeals ........................................................................................................................... 44
41 Short title and commencement ................................................................................... 44
SCHEDULE 1 45

BIRDS WHICH ARE PROTECTED BY SPECIAL PENALTIES 45
SCHEDULE 2 47

BIRDS WHICH MAY BE KILLED OR TAKEN 47
SCHEDULE 3 48

BIRDS WHICH MAY BE SOLD 48
SCHEDULE 4 49

CAPTIVE BIRDS WHICH MAY BE POSSESSED BY REGISTERED PERSONS
ONLY 49
SCHEDULE 5 51

ANIMALS WHICH ARE PROTECTED 51
SCHEDULE 6 51

ANIMALS WHICH MAY NOT BE KILLED OR TAKEN BY CERTAIN
METHODS 51
Wildlife Act 1990 Index


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SCHEDULE 7 52

PLANTS WHICH ARE PROTECTED 52
SCHEDULE 8 54

ANIMALS AND PLANTS TO WHICH SECTION 14 APPLIES 54
SCHEDULE 9 55

SCHEDULE 10 56

REPEAL OF ENACTMENTS 56
ENDNOTES 57

TABLE OF LEGISLATION HISTORY 57
TABLE OF RENUMBERED PROVISIONS 57
TABLE OF ENDNOTE REFERENCES 57

Wildlife Act 1990 Section 1


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c i e
WILDLIFE ACT 1990

Received Royal Assent: 20 February 1990
Passed: 20 February 1990
Commenced: 1 January 1991
AN ACT
to repeal and re-enact with amendments legislation for the protection
of birds; to make new provision for the conservation of wild creatures and wild
plants; to prohibit certain methods of killing or taking wild animals; to restrict
the introduction of certain animals and plants; to amend certain related
enactments; to make new provision relating to nature conservation; and for
connected purposes.
GENERAL NOTE

1. The maximum fines in this Act are as increased by the Criminal Justice (Penalties,
Etc.) Act 1993 s 1.
2. Sections 1 to 8 not operative for bird sanctuaries in existence immediately prior
to 1/1/1991.
PART I – WILDLIFE

Protection of birds
1 Protection of wild birds, their nests and eggs

[P1981/69/1]
(1) Subject to the provisions of this Part, if any person intentionally or
recklessly —
(a) kills, injures or takes any wild bird;
(b) takes, damages or destroys the nest of any wild bird while that
nest is in use or being built; or
(c) takes or destroys an egg of any wild bird,
he shall be guilty of an offence.1

Section 1 Wildlife Act 1990


Page 8 AT 2 of 1990 c

(2) Subject to the provisions of this Part, if any person has in his possession
or control —
(a) any live or dead wild bird or any part of, or anything derived
from, such a bird; or
(b) an egg of a wild bird or any part of such an egg,
he shall be guilty of an offence.
(3) A person shall not be guilty of an offence under subsection (2) if he
shows that —
(a) the bird or egg had not been killed or taken, or had been killed or
taken otherwise than in contravention of the relevant provisions;
or
(b) the bird, egg or other thing in his possession or control had been
sold (whether to him or any other person) otherwise than in
contravention of those provisions;
and in this subsection “the relevant provisions” means the provisions of
this Part and of orders made under it and, in the case of a bird, egg or
other thing falling within subsection (2), the provisions of the Protection
of Birds Acts 1932 to 1975 and of orders made under those Acts.
(4) Any person convicted of an offence under subsection (1) or (2) in respect
of —
(a) a bird included in Schedule 1 or any part of, or anything derived
from, such a bird;
(b) the nest of such a bird; or
(c) an egg of such a bird or any part of such an egg,
shall be liable to a special penalty.
(5) Subject to the provisions of this Part, if any person intentionally or
recklessly —
(a) disturbs any wild bird included in Schedule 1 while it is building
a nest or is in, on or near a nest containing eggs or young; or
(b) disturbs any nest or egg of such a bird; or
(c) disturbs dependent young of such a bird,
he shall be guilty of an offence and liable to a special penalty.2

(6) In this section “wild bird” does not include any bird which is shown to
have been bred in captivity.
(7) Any reference in this Part to any bird included in Schedule 1 is a
reference to any bird included in Part I and, during the close season for
the bird in question, any bird for the time being included in Part II of that
Schedule.
Wildlife Act 1990 Section 2


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2 Exceptions to s 1

[P1981/69/2]
(1) Subject to the provisions of this section, a person shall not be guilty of an
offence under section 1 by reason of the killing or taking of a bird
included in Part I of Schedule 2 outside the close season for that bird, or
the injuring of such a bird outside that season in the course of an attempt
to kill it.
(2) Subject to the provisions of this section, an authorised person shall not be
guilty of an offence under section 1 by reason of —
(a) the killing or taking of a bird included in Part II of Schedule 2, or
the injuring of such a bird in the course of an attempt to kill it;
(b) the taking, damaging or destruction of a nest of such a bird; or
(c) the taking or destruction of an egg of such a bird.
(3) Subsections (1) and (2) shall not apply on Sundays in any area which the
Department of Environment, Food and Agriculture (in this Act referred
to as “the Department”) may by order prescribe for the purposes of those
subsections.3

(4) In this section and section 1 “close season
” means —
(a) in the case of woodcock, the period in any year commencing with
1st February and ending with 30th September;
(b) in any other case, subject to the provisions of this Part, the period
in any year commencing with 1st February and ending with 31st
August.
(5) The Department may by order made with respect to the whole or any
specified part of the Island vary the close season for any wild bird
specified in the order.
(6) If it appears to the Department expedient that any wild birds included in
Part II of Schedule 1 or Part I of Schedule 2 should be protected during
any period outside the close season for those birds, it may by order made
with respect to the whole or any specified part of the Island declare any
period (which shall not in the case of any order exceed fourteen days) as
a period of special protection for those birds; and this section and
section 1 shall have effect as if any period of special protection declared
under this subsection for any birds formed part of the close season for
those birds.
(7) Before making an order under subsection (6) the Department shall
consult such bodies and organisations as appear to it to be appropriate.
Section 3 Wildlife Act 1990


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3 Areas of special protection: birds

[P1981/69/3]
(1) The Department may by order make provision with respect to any area
specified in the order providing for all or any of the following matters,
that is to say —
(a) that any person who, within that area or any part of it specified in
the order, at any time or during any period so specified,
intentionally or recklessly —
(i) kills, injures or takes any wild bird, game bird or poultry;4

(ii) takes, damages or destroys the nest of such a bird while
that nest is in use or being built;
(iii) takes or destroys an egg of such a bird;
(iv) disturbs such a bird while it is building a nest or is in, on or
near a nest containing eggs or young; or
(v) disturbs any nest or egg of such a bird; or
(vi) disturbs dependent young of such a bird,
shall be guilty of an offence under this section;5

(b) that any person who, except as may be provided in the order,
enters into that area or any part of it specified in the order at any
time or during any period so specified shall be guilty of an offence
under this section;
(c) that where any offence under this Part, or any such offence under
this Part as may be specified in the order, is committed within that
area, the offender shall be liable to a special penalty.
(2) A person authorised in writing by the Department or, where it is
necessary for the protection of the water supply, the Manx Utilities
Authority, shall not by virtue of any such order be guilty of an offence by
reason of —
(a) the killing or taking of a bird included in Part II of Schedule 2, or
the injuring of such a bird in the course of an attempt to kill it;
(b) the taking, damaging or destruction of the nest of such a bird;
(c) the taking or destruction of an egg of such a bird; or
(d) the disturbance of such a bird or the nest, egg or dependent
young of such a bird.6

(3) The making of any order under this section with respect to any area shall
not affect the exercise by any person of any right vested in him, whether
as owner, lessee or occupier of any land in that area or by virtue of a
licence or agreement.
(4) Before making any order under this section the Department shall give
particulars of the intended order either by notice in writing to every
owner and every occupier of any land included in the area with respect
Wildlife Act 1990 Section 4


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to which the order is to be made or, where the giving of such a notice is
in its opinion impracticable, by advertisement in a newspaper published
and circulating in the Island.
(5) The Department shall not make an order under this section unless —
(a) all the owners and occupiers aforesaid have consented thereto; or
(b) no objections thereto have been made by any of those owners or
occupiers before the expiration of a period of 3 months from the
date of the giving of the notice or the publication of the
advertisement; or
(c) any such objections so made have been withdrawn.
(6) Subsection (5) shall not apply to an order under this section which is
made with respect only to an area falling within, or forming the whole
of, a district defined in an order under section 11 of the Wild Birds
Protection Act 1932 (bird sanctuaries) where the latter order was in
operation immediately before the commencement of the order made
under this section.7

4 Exceptions to ss 1 and 3

[P1981/69/4]
(1) Nothing in section 1 or in any order made under section 3 shall make
unlawful —
(a) anything done in pursuance of a requirement by the Department
under section 1 of the Prevention of Damage by Agricultural Pests
Act 1956;
(b) anything done under section 3 of the Forestry Act 1984; or
(c) anything done under, or in pursuance of an order made under,
any provision of the Diseases of Animals (Prevention) Acts 1948
to 1975.
(2) Notwithstanding anything in section 1 or any order made under
section 3, a person shall not be guilty of an offence by reason of —
(a) the taking of any wild bird if he shows that the bird had been
disabled otherwise than by his unlawful act and was taken solely
for the purpose of tending it and releasing it when no longer
disabled;
(b) the killing of any wild bird if he shows that the bird had been so
seriously disabled otherwise than by his unlawful act that there
was no reasonable chance of its recovering; or
(c) any act made unlawful by those provisions if he shows that the
act was the incidental result of a lawful operation and could not
reasonably have been avoided.
(3) Notwithstanding anything in section 1 or any order made under
section 3, an authorised person shall not be guilty of an offence by reason
Section 5 Wildlife Act 1990


Page 12 AT 2 of 1990 c

of the killing or injuring of any wild bird, other than a bird included in
Schedule 1, if he shows that his action was necessary for the
purpose of —
(a) preserving public health, public safety or air safety;
(b) preventing the spread of disease; or
(c) preventing serious damage to livestock, foodstuffs for livestock,
crops, vegetables, fruit, growing timber, or fisheries.
(4) An authorised person shall not be entitled to rely on the defence
provided by subsection (3)(c) as respects any action taken at any time if it
had become apparent, before that time, that the action would prove
necessary for the purpose mentioned in that subsection and either —
(a) a licence under section 16 authorising that action had not been
applied for as soon as reasonably practicable after that fact had
become apparent; or
(b) an application for such a licence had been determined.
5 Prohibition of certain methods of killing or taking wild birds

[P1981/69/5]
(1) Subject to the provisions of this Part, if any person —
(a) sets in position any of the following articles, being an article
which is of such a nature and is so placed as to be calculated to
cause bodily injury to any wild bird coming in to contact
therewith, that is to say, any spring, trap, gin, snare, hook and
line, any electrical device for killing, stunning or frightening, or
any poisonous, poisoned or stupefying substance;8

(b) uses, or causes to be used, for the purpose of killing or taking any
wild bird any such article as aforesaid, whether or not of such a
nature and so placed as aforesaid, or any net, baited board, bird-
lime or substance of a like nature to bird-lime;
(c) uses, for the purpose of killing or taking any wild bird —
(i) any bow, crossbow or caterpult;
(ii) any explosive other than ammunition for a firearm;
(iii) any automatic or semi-automatic weapon;
(iv) any shot-gun of which the barrel has an internal diameter
at the muzzle of more than one and three-quarter inches;
(v) any device for illuminating a target or any sighting for
night shooting;
(vi) any form of artificial lighting or any mirror or other
dazzling device;
(vii) any gas or smoke not falling within paragraphs (a) and
(b); or
Wildlife Act 1990 Section 5


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(viii) any chemical wetting agent;9

(d) uses, as a decoy, for the purpose of killing or taking any wild bird,
any sound recording or any live bird or other animal whatever
which is tethered, or which is secured by means of braces or other
similar appliance, or which is blind, maimed or injured; or10

(e) uses any mechanically propelled vehicle in immediate pursuit of a
wild bird for the purpose of killing or taking that bird; or11

(f) knowingly causes or permits to be done an act which is
mentioned in paragraphs (a) to (e),12

he shall be guilty of an offence and be liable to a special penalty.
(2) Subject to subsection (3), the Department may by order, either generally
or in relation to any kind of wild bird specified in the order, amend
subsection (1) by adding any method of killing or taking wild birds or by
omitting any such method which is mentioned in that subsection.
(3) The power conferred by subsection (2) shall not be exerciseable, except
for the purpose of complying with an international obligation, in relation
to any method of killing or taking wild birds which involves the use of a
firearm.
(4) In any proceedings under subsection (1)(a) or under subsection (1)(f)
relating to an act which is mentioned in subsection (1)(a) it shall be a
defence to show that the article was set in position for the purpose of
killing or taking, in the interests of public health, agriculture, forestry,
fisheries, or nature conservation, any wild animals which could be
lawfully killed or taken by those means and that he took or caused to be
taken all reasonable precautions to prevent injury thereby to wild birds.13

(5) Nothing in subsection (1) shall make unlawful —
(a) the use of a cage-trap or net by an authorised person for the
purpose of taking a bird included in Part II of Schedule 2; or
(b) the use of a cage-trap or net for the purpose of taking any game
bird if it is shown that the taking of the bird is solely for the
purpose of breeding;
but nothing in this subsection shall make lawful the use of any net for
taking birds in flight or the use for taking birds on the ground of any net
which is projected or propelled otherwise than by hand.
(6) In any proceedings under subsection (1)(c)(iii) it shall be a defence to
show that the automatic or semi-automatic weapon was used by an
authorised person for the purpose of preventing serious damage to
livestock, foodstuffs for livestock, crops, vegetables, fruit, growing
timber or fisheries by any bird included in Part II of Schedule 2.
Section 6 Wildlife Act 1990


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6 Sale etc of live or dead wild birds, eggs etc

[P1981/69/6]
(1) Subject to the provisions of this Part, if any person —
(a) sells, offers or exposes for sale, or has in his possession or
transports for the purpose of sale, any live wild bird other than a
bird included in Part I of Schedule 3, or an egg of a wild bird or
any part of such an egg; or
(b) publishes or causes to be published any advertisement likely to be
understood as conveying that he buys or sells, or intends to sell,
any of those things,
he shall be guilty of an offence.
(2) Subject to the provisions of this Part, if any person who is not for the time
being registered in accordance with regulations made by the
Department —
(a) sells, offers or exposes for sale, or has in his possession or
transports for the purpose of sale, any dead wild bird other than a
bird included in Part II or III of Schedule 3, or any part of, or
anything derived from such a wild bird; or
(b) publishes or causes to be published any advertisement likely to be
understood as conveying that he buys or sells, or intends to buy
or sell, any of those things,
he shall be guilty of an offence.
(3) Subject to the provisions of this Part, if any person sells, offers or exposes
for sale, or has in his possession or transports for the purpose of sale, any
dead wild bird which has been killed or taken in contravention of this
Part he shall be guilty of an offence.
(4) Subject to the provisions of this Part, if any person shows or causes or
permits to be shown for the purposes of any competition or in any
premises in which a competition is being held —
(a) any live wild bird other than a bird included in Part I of Schedule
3; or
(b) any live bird one of whose parents was such a wild bird,
he shall be guilty of an offence.
(5) Any person convicted of an offence under this section in respect of —
(a) a bird included in Schedule 1 or any part of, or anything derived
from, such a bird; or
(b) an egg of such bird or any part of such an egg,
shall be liable to a special penalty.
(6) Any reference in this section to any bird included in Part I of Schedule 3
is a reference to any bird included in that Part which was bred in
Wildlife Act 1990 Section 7


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captivity and has been ringed or marked in accordance with regulations
made by the Department.
(7) Any reference in this section to any bird included in Part II or III of
Schedule 3 is a reference to any bird included in Part II and, during the
period commencing with 1st September in any year and ending with
28th February of the following year, any bird included in Part III of that
Schedule.
(8) The power of the Department to make regulations under subsection (2)
shall include power —
(a) to impose requirements as to the carrying out by a person
registered in accordance with the regulations of any act which,
apart from the registration, would constitute an offence under this
section; and
(b) to provide that any contravention of the regulations shall
constitute such an offence.
(9) Regulations under subsection (2) shall secure that no person shall
become or remain registered —
(a) within five years of his having been convicted of an offence under
this Part for which a special penalty is provided; or
(b) within three years of his having been convicted of any other
offence under this Part so far as it relates to the protection of birds
or other animals or any offence involving their ill-treatment,
no account being taken for this purpose of a conviction which has
become spent for the purposes of the Rehabilitation of Offenders Act 2001.14

(10) Any person authorised in writing by the Department may, at any
reasonable time and (if required to do so) upon producing evidence that
he is authorised, enter and inspect any premises where a registered
person keeps any wild birds for the purpose of ascertaining whether an
offence under this section is being, or has been, committed on those
premises.
(11) Any person who intentionally obstructs a person acting in the exercise of
the power conferred by subsection (10) shall be guilty of an offence.
7 Registration etc of persons in possession of certain captive birds

[P1981/69/7]
(1) If any person who is not for the time being registered in accordance with
regulations made by the Department keeps or has in his possession or
under his control any bird included in Schedule 4, he shall be guilty of an
offence and shall be liable to a special penalty.
(2) The power of the Department to make regulations under this section
shall include power —
Section 7 Wildlife Act 1990


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(a) to impose requirements which must be satisfied before a person
can be registered in accordance with the regulations;
(b) to require such birds to be ringed and marked in accordance with
the regulations;
(c) to impose requirements as to the registration of such birds.
(2A) In respect of the registration of a bird under this section, the Department
shall charge such fees as are prescribed under the Fees and Duties Act
1989.15

(3) If any person fails to comply with regulations under this section he shall
be guilty of an offence.
(4) If any person keeps or has in his possession or under his control any bird
included in Schedule 4 —
(a) within five years of his having been convicted of an offence under
this Part for which a special penalty is provided; or
(b) within three years of his having been convicted of any other
offence under this Part so far as it relates to the protection of birds
or other animals or any offence involving their ill-treatment,
he shall be guilty of an offence.
(5) If any person knowingly disposes of or offers to dispose of any bird
included in Schedule 4 to another person —
(a) within five years of the conviction of that other person for such an
offence as is mentioned in subsection (4)(a);
(b) within three years of the conviction of that other person for such
an offence as is mentioned in subsection (4)(b),
he shall be guilty of an offence.
(5A) No account shall be taken for the purposes of subsections (4) and (5) of
any conviction which has become spent for the purposes of the
Rehabilitation of Offenders Act 2001.16

(6) Any person authorised in writing by the Department may, at any
reasonable time and (if required to do so) upon producing evidence that
he is authorised, enter and inspect any premises where any birds
included in Schedule 4 are kept for the purpose of ascertaining whether
an offence under this section is being, or has been, committed on those
premises.
(7) Any person who intentionally obstructs a person acting in the exercise of
the power conferred by subsection (6) shall be guilty of an offence.
(8) Admission to a dwelling shall not be demanded as of right unless a
warrant has been issued by a justice of the peace under subsection (9).
(9) If it is shown to the satisfaction of a justice of the peace on information on
oath that there are reasonable grounds for entry of the dwelling, the
Wildlife Act 1990 Section 8


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justice may by warrant under his hand authorise an authorised person to
enter the dwelling.
(10) A warrant issued under subsection (9) shall continue in force for 5 days.
8 Protection of captive birds

[P1981/69/8]
(1) If any person keeps or confines any bird whatever in any cage or other
receptacle which is not sufficient in height, length or breadth to permit
the bird to stretch its wings freely, he shall be guilty of an offence and be
liable to a special penalty.
(2) Subsection (1) does not apply to poultry, or to the keeping or confining of
any bird —
(a) while that bird is in the course of conveyance, by whatever means;
(b) while that bird is being shown for the purposes of any public
exhibition or competition if the time during which the bird is kept
or confined for those purposes does not in the aggregate exceed
72 hours;
(c) while that bird is undergoing examination or treatment by a
veterinary surgeon; or17

(d) while that bird is being kept in a birdbag or keeping cage as part
of a ringing exercise carried out under and in accordance with the
terms of a licence granted under section 16(1)(b).
(3) Every person who —
(a) promotes, arranges, conducts, assists in, receives money for, or
takes part in, any event whatever at or in the course of which
captive birds are liberated by hand or by any other means
whatever —
(i) for the purpose of being shot; or
(ii) for the purpose of being hunted by trained birds of prey,
immediately after their liberation; or
(b) being the owner or occupier of any land, permits that land to be
used for the purposes of such an event,
shall be guilty of an offence and be liable to a special penalty.
Section 9 Wildlife Act 1990


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Protection of other animals
9 Protection of certain wild animals

[P1981/69/9]
(1) Subject to the provisions of this Part, if any person intentionally or
recklessly kills, injures or takes any wild animal included in Schedule 5
without reasonable excuse, he shall be guilty of an offence.18

(2) Subject to the provisions of this Part, if any person has in his possession
or control any live or dead wild animal included in Schedule 5 or any
part of, or anything derived from, such an animal, he shall be guilty of an
offence.
(3) A person shall not be guilty of an offence under subsection (2) if he
shows that —
(a) the animal had not been killed or taken, or had been killed or
taken otherwise than in contravention of the relevant provisions;
or
(b) the animal or other thing in his possession or control had been
sold (whether to him or any other person) otherwise than in
contravention of those provisions;
and in this subsection “the relevant provisions” means the provisions of
this Part.
(4) Subject to the provisions of this Part, if any person intentionally or
recklessly —
(a) damages or destroys, or obstructs access to, any structure or place
which any wild animal included in Schedule 5 uses for shelter or
protection; or
(b) disturbs any such animal while it is occupying a structure or place
which it uses for that purpose,
he shall be guilty of an offence.19

(4A) Subject to the provisions of this Part, any person who intentionally or
recklessly disturbs any wild animal included in Schedule 5 or —
(a) a dolphin or whale (cetacean);
(b) a basking shark (cetorhinus maximus);
(c) a seal (all species) (pinnepedia); or
(d) a turtle (marine) (all species) (dermochelydiae and cheloniidae),
shall be guilty of an offence.20

(5) Subject to the provisions of this Part, if any person —
(a) sells, offers or exposes for sale, or has in his possession or
transports for the purpose of sale, any live or dead wild animal
Wildlife Act 1990 Section 10


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included in Schedule 5, or any part of, or anything derived from,
such an animal; or
(b) publishes or causes to be published any advertisement likely to be
understood as conveying that he buys or sells, or intends to buy
or sell, any of those things,
he shall be guilty of an offence.
(6) In any proceedings for an offence under subsection (1), (2) or (5)(a), the
animal in question shall be presumed to have been a wild animal unless
the contrary is shown.
10 Exceptions to s 9

[P1981/69/10]
(1) Nothing in section 9 shall make unlawful —
(a) anything done in pursuance of a requirement by the Department
under section 1 of the Prevention of Damage by Agricultural Pests
Act 1956;
(b) anything done under section 3 of the Forestry Act 1984; or
(c) anything done under, or in pursuance of an order made under,
the Diseases of Animals (Prevention) Acts 1948 to 1975.
(2) Nothing in section 9(4) shall make unlawful anything done within a
dwelling-house.
(3) Notwithstanding section 9, a person shall not be guilty of an offence by
reason of —
(a) the taking of any such animal if he shows that the animal had
been disabled otherwise than by his unlawful act and was taken
solely for the purpose of tending it and releasing it when no
longer disabled;
(b) the killing of any such animal if he shows that the animal had
been so seriously disabled otherwise than by his unlawful act that
there was no reasonable chance of its recovering; or
(c) any act made unlawful by that section if he shows that the act was
the incidental result of a lawful operation and could not
reasonably have been avoided.
(4) Notwithstanding section 9, an authorised person shall not be guilty of an
offence by reason of the killing or injuring of a wild animal included in
Schedule 5 if he shows that his action was necessary for the purpose of
preventing serious damage to livestock, foodstuffs for livestock, crops,
vegetables, fruit, growing timber or any other form of property or to
fisheries.
(5) A person shall not be entitled to rely on the defence provided by
subsection (2) or (3)(c) as respects anything done in relation to a bat
Section 11 Wildlife Act 1990


Page 20 AT 2 of 1990 c

otherwise than in the living area of a dwelling house unless he had
notified the Department of the proposed action or operation and allowed
it a reasonable time to advise him as to whether it should be carried out
and, if so, the method to be used.
(6) An authorised person shall not be entitled to rely on the defence
provided by subsection (4) as respects any action taken at any time if it
had become apparent, before that time, that the action would prove
necessary for the purpose mentioned in that subsection and either —
(a) a licence under section 16 authorising that action had not been
applied for as soon as reasonably practicable after that fact had
become apparent; or
(b) an application for such a licence had been determined.
11 Prohibition of certain methods of killing or taking wild animals

[P1981/69/11]
(1) Subject to the provisions of this Part, if any person —
(a) sets in position any self-locking snare which is of such a nature
and so placed as to be calculated to cause bodily injury to any
wild animal coming into contact therewith;
(b) uses for the purpose of killing or taking any wild animal any self-
locking snare, whether or not of such a nature or so placed as
aforesaid, any bow, crossbow or caterpult, or any explosive other
than ammunition for a firearm; or
(c) uses as a decoy, for the purpose of killing or taking any wild
animal, any live mammal or bird whatever; or
(d) knowingly causes or permits to be done an act which is
mentioned in paragraphs (a) or (b)21

he shall be guilty of an offence.
(2) Subject to the provisions of this Part if any person —
(a) sets in position any of the following articles, being an article
which is of such a nature and so placed as to be calculated to
cause bodily injury to any wild animal included in Schedule 6
which comes into contact therewith, that is to say, any trap or
snare, any electrical device for killing or stunning, or any
poisonous, poisoned or stupefying substance;
(b) uses for the purpose of killing or taking any such wild animal any
such article as aforesaid, whether or not of such a nature and so
placed as aforesaid, or any net;
(c) uses for the purpose of killing or taking any such wild animal —
(i) any automatic or semi-automatic weapon;
Wildlife Act 1990 Section 11


c AT 2 of 1990 Page 21

(ii) any device for illuminating a target or sighting device for
night shooting;
(iii) any form of artificial light or any mirror or other dazzling
device; or
(iv) any gas or smoke not falling within paragraphs (a) and (b);
(d) uses as a decoy, for the purpose of killing or taking any such wild
animal, any sound recording; or
(e) uses any mechanically propelled vehicle in immediate pursuit of
any such wild animal for the purpose of driving, killing or taking
that animal; or
(f) knowingly causes or permits to be done an act which is
mentioned in paragraphs (a) to (e),22

he shall be guilty of an offence.
(3) Subject to the provisions of this Part, if any person —
(a) sets in position or knowingly causes or permits to be set in
position any snare which is of such a nature and so placed as to be
calculated to cause bodily injury to any wild animal coming into
contact therewith; and23

(b) while the snare remains in position fails without reasonable
excuse, to inspect it, or cause it to be inspected, at least once every
day
he shall be guilty of an offence.
(4) The Department may, for the purpose of complying with an international
obligation, by order, either generally or in relation to any kind of wild
animal specified in the order, amend subsection (1) or (2) by adding any
method of killing or taking wild animals or by omitting any such method
as is mentioned in that subsection.
(5) In any proceedings for an offence under subsection (1)(b) or (c) or (2) (b),
(c), (d) or (e) and in any proceedings for an offence under
subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of
those paragraphs, the animal in question shall be presumed to have been
a wild animal unless the contrary is shown.24

(6) In any proceedings for an offence under subsection (2)(a) or under
subsection (2)(f) relating to an act which is mentioned in subsection (2)(a)
it shall be a defence to show that the article was set in position by the
accused for the purpose of killing or taking, in the interests of public
health, agriculture, forestry, fisheries or nature conservation, any wild
animals which could be lawfully killed or taken by those means and that
he took or caused to be taken all reasonable precautions to prevent injury
thereby to any wild animals included in Schedule 6.25

Section 12 Wildlife Act 1990


Page 22 AT 2 of 1990 c

Protection of plants
12 Protection of wild plants

[P1981/69/13]
(1) Subject to the provisions of this Part, if any person —
(a) intentionally or recklessly picks, uproots or destroys any wild
plant included in Schedule 7; or26

(b) not being an authorised person, intentionally or recklessly
uproots any wild plant not included in that Schedule,27

he shall be guilty of an offence.
(2) Subject to the provisions of this Part, if any person —
(a) sells, offers or exposes for sale, or has in his possession or
transports for the purpose of sale, any live or dead wild plant
included in Schedule 7, or any part of, or anything derived from,
such a plant; or
(b) publishes or causes to be published any advertisement likely to be
understood as conveying that he buys or sells, or intends to buy
or sell, any of those things,
he shall be guilty of an offence.
(3) Notwithstanding anything in subsection (1), a person shall not be guilty
of an offence by reason of any act made unlawful by that subsection if he
shows that the act was an incidental result of a lawful operation and
could not reasonably have been avoided.
(4) In any proceedings for an offence under subsection (2)(a), the plant in
question shall be presumed to have been a wild plant unless the contrary
is shown.
(5) Any person authorised in writing by the Department may, at any
reasonable time and (if required to do so) upon producing evidence that
he is authorised, enter any land for the purpose of ascertaining whether
an offence under subsection (1) or (2) is being, or has been, committed on
that land; but nothing in this subsection shall authorise any person to
enter a dwelling.
(6) Any person who intentionally obstructs a person acting in the exercise of
the power conferred by subsection (5) shall be guilty of an offence.
Wildlife Act 1990 Section 13


c AT 2 of 1990 Page 23

Miscellaneous
13 Areas of special protection: animals and plants

(1) The Department may by order make provision with respect to any area
specified in the order providing for all or any of the following matters,
that is to say —
(a) that any person who, within that area or any part of it specified in
the order, at any time or during any period so specified
intentionally —
(i) kills, injures or takes any wild animal;
(ii) takes, damages or destroys any structure or place which
such animal uses for shelter or protection while that
structure is in use or being built or while that place is in
use;
(iii) takes, damages or destroys anything which conceals or
protects any such structure or place;
(iv) takes or destroys the egg, larva, pupa or any such
immature state of such an animal;
(v) disturbs such animal while it is building a structure for
shelter or protection or while it is in, on or near such
structure containing the egg, larva, pupa or any such
immature stage of such an animal;
(vi) disturbs the dependent young of such animal; or
(vii) picks, removes, uproots or destroys any wild plant;
shall be guilty of an offence under this section;
(b) that any person who, except as may be provided in the order,
enters into that area or any part of it specified in the order at any
time or during any period so specified shall be guilty of an offence
under this section;
(c) that where any offence under this Part, or any such offence under
this Part as may be specified in the order, is committed within that
area, the offender shall be liable to a special penalty.
(2) If any authorised person suspects with reasonable cause that any person
is committing or has committed an offence under an order made under
this section in relation to any area, he may require that person —
(a) to give his full name and address; and
(b) to quit that area forthwith;
and any person who fails to comply with a requirement under this
paragraph shall be guilty of an offence.
(3) The making of any order under this section with respect to any area shall
not affect the exercise by any person of any right vested in him, whether
Section 14 Wildlife Act 1990


Page 24 AT 2 of 1990 c

as owner, lessee or occupier of any land in that area or by virtue of a
licence or agreement.
(4) Before making any order under this section the Department —
(a) shall consult with any local authority within whose district the
area with respect to which the order is to be made or any part
thereof is situated; and
(b) shall give particulars of the intended order either by notice in
writing to every owner and every occupier of any land included
in the area with respect to which the order is to be made or, where
the giving of such a notice is in the Department’s opinion
impracticable, by advertisement in a newspaper published and
circulating in the Island.
(5) The Department shall not make an order under this section unless —
(a) all the owners and occupiers aforesaid have consented thereto; or
(b) no objections thereto have been made by any of those owners or
occupiers before the expiration of a period of 3 months from the
date of the giving of the notice or the publication of the
advertisement; or
(c) any such objections so made have been withdrawn.
14 Introduction of new species etc

[P1981/69/14]
(1) Subject to the provisions of this Part, if any person releases or allows to
escape into the wild any animal which —
(a) is of a kind which is not ordinarily resident in and is not a regular
visitor to the Island in a wild state; or
(b) is included in Part I of Schedule 8,
he shall be guilty of an offence.
(2) Subject to the provisions of this Part, if any person plants or otherwise
causes to grow in the wild any plant which is included in Part II of
Schedule 8 he shall be guilty of an offence.
(3) Subject to subsection (4), it shall be a defence to a charge of committing
an offence under subsection (1) or (2) to prove that the accused took all
reasonable steps and exercised all due diligence to avoid committing the
offence.
(4) Where the defence provided by subsection (3) involves an allegation that
the commission of the offence was due to the act or default of another
person, the person charged shall not, without leave of the court, be
entitled to rely on the defence unless, within a period ending seven clear
days before the hearing, he has served on the prosecutor a notice giving
Wildlife Act 1990 Section 15


c AT 2 of 1990 Page 25

such information identifying or assisting in the identification of the other
person as was then in his possession.
(5) Any person authorised in writing by the Department may, at any
reasonable time and (if required to do so) upon producing evidence that
he is authorised, enter any land for the purpose of ascertaining whether
an offence under subsection (1) or (2) is being, or has been, committed on
that land; but nothing in this subsection shall authorise any person to
enter a dwelling.
(6) Any person who intentionally obstructs a person acting in the exercise of
the power conferred by subsection (5) shall be guilty of an offence.
15 [Repealed]
28

Supplemental
16 Power to grant licences

[P1981/69/16]
(1) Sections 1, 5, 6(3) and (4), 7 and 8 do not apply to anything done —
(a) for scientific or educational purposes;
(b) for the purpose of ringing or marking, or examining any ring or
mark on, wild birds;
(c) for the purpose of conserving wild birds;
(d) for the purpose of protecting any collection of wild birds;
(e) for the purposes of falconry or aviculture;
(f) for the purposes of any public exhibition or competition;
(g) for the purpose of taxidermy;
(h) for the purpose of photography;
(i) for the purposes of preserving public health or public or air
safety;
(j) for the purpose of preventing the spread of disease; or
(k) for the purposes of preventing serious damage to livestock,
foodstuffs for livestock, crops, vegetables, fruit, growing timber or
fisheries,
if it is done under and in accordance with the terms of a licence granted
by the Department.29

(1A) Orders under section 3 do not apply to anything done by an owner or
occupier, or any person authorised by the owner or occupier, of the land
on which it is done, if it is done under and in accordance with the terms
of a licence granted by the Department.30

Section 16 Wildlife Act 1990


Page 26 AT 2 of 1990 c

(2) Section 1 and orders under section 3 do not apply to anything done for
the purpose of providing food for human consumption in relation to a
gull’s egg if it is done under and in accordance with the terms of a licence
granted by the Department.
(3) Sections 9(1), (2) and (4), 11(1) and (2) and 12(1) and orders under
section 13 do not apply to anything done —
(a) for scientific or educational purposes;
(b) for the purpose of ringing or marking, or examining any ring or
mark on, wild animals;
(c) for the purpose of conserving wild animals or wild plants or
introducing them to particular areas;
(d) for the purpose of protecting any zoological or botanical
collection;
(e) for the purpose of photography;
(f) for the purposes of preserving public health or public safety;
(g) for the purpose of preventing the spread of disease; or
(h) for the purposes of preventing serious damage to livestock,
foodstuffs for livestock, crops, vegetables, fruit, growing timber or
any other form of property or to fisheries,
if it is done under and in accordance with the terms of a licence granted
by the Department.
(4) The following provisions, namely —
(a) section 6(1) and (2);
(b) sections 9(5) and 12(2); and
(c) section 14,
do not apply to anything done under and in accordance with the terms of
a licence granted by the Department.
(5) Subject to subsection (6), a licence under the foregoing provisions of this
section —
(a) may be, to any degree, general or specific;
(b) may be granted either to persons of a class or to a particular
person;
(c) may be subject to compliance with any specified conditions;
(d) may be modified or revoked at any time by the Department; and
(e) subject to paragraph (d), shall be valid for the period stated in the
licence;
and the Department may charge therefor such sum (if any) as it may
determine.
Wildlife Act 1990 Section 17


c AT 2 of 1990 Page 27

(6) A licence under subsection (1), (1A), (2) or (3) which authorises any
person to kill wild birds or wild animals —
(a) shall specify the area within which, and the methods by which the
wild birds or wild animals may be killed; and
(b) subject to subsection (5)(d), shall be valid for the period, not
exceeding two years, stated in the licence.31

(7) It shall be a defence in proceedings for an offence under section 8(b) of
the Cruelty to Animals Act 1925 (which restrict the placing on land of
poison and poisonous substances) to show that —
(a) the act alleged to constitute the offence was done under and in
accordance with the terms of a licence issued under subsection (1)
or (3); and
(b) any conditions specified in the licence were complied with.
(8) For the purposes of a licence granted under this section, the definition of
a class of persons may be framed by reference to any circumstances
whatever including, in particular, their being authorised by any other
person.
(9) The Department —
(a) shall from time to time consult with the Wildlife Committee as to
the exercise of its functions under this section; and
(b) shall not grant a licence of any description unless it has been
advised by the Committee as to the circumstances in which, in
their opinion, licences of that description should be granted.
17 False statements made for obtaining registration or licence etc

[P1981/69/17]
A person who, for the purposes of obtaining, whether for himself or another, a
registration in accordance with regulations made under section 6 (2) or 7(1) or
the grant of a licence under section 16 —
(a) makes a statement or representation, or furnishes a document or
information, which he knows to be false in a material particular;
or
(b) recklessly makes a statement or representation, or furnishes a
document or information, which is false in a material particular,
shall be guilty of an offence.
18 Prohibition of hunting with dogs

(1) If any person uses or causes to be used any dog or pack of dogs for the
purpose of coursing, hunting or otherwise endeavouring to take or kill
any bird or other animal he shall be guilty of an offence.
Section 19 Wildlife Act 1990


Page 28 AT 2 of 1990 c

(2) In any proceedings for an offence under subsection (1) it shall be a
defence for an authorised person to show that the dog or dogs were
being used for the purpose of hunting, taking or killing rabbits or rats.
(3) In this section, the words “bird or other animal” do not include game
within the meaning of the Game Act 1882.
(4) This section is without prejudice to section 3 of the Game (Hares) Act 1971
(prohibition of competitive hare coursing).
19 Possession of implements etc

[P1981/69/18]
Any person who for the purposes of committing an offence under the foregoing
provisions of this Part, has in his possession anything capable of being used for
committing the offence shall be guilty of an offence and shall be punishable in
like manner as for the said offence.
20 Enforcement

[P1981/69/19]
(1) If a constable has reasonable cause to suspect that any person is
committing or has committed an offence under this Part, the constable
may without warrant —
(a) stop and search that person if the constable suspects with
reasonable cause that evidence of the commission of the offence is
to be found on that person;
(b) search or examine anything which that person may then be using
or have in his possession if the constable suspects with reasonable
cause that evidence of the commission of the offence is to be
found on that thing;
(c) [Repealed]32

(d) seize and detain for the purposes of proceedings under this Part
anything which may be evidence of the commission of the offence
or may be liable to be forfeited under section 22.
(2) If a constable has reasonable cause to suspect that any person is
committing an offence under this Part, he may, for the purpose of
exercising the powers conferred by subsection (1) or arresting a person,
under section 28 of the Police Powers and Procedures Act 1998, for such an
offence, enter any land other than a dwelling-house.33

(3) If a justice of the peace is satisfied by information on oath that there are
reasonable grounds for suspecting that —
(a) an offence under section 1, 3, 5, 7 or 8 in respect of which this Part
or any order made under it provides for a special penalty; or
(b) an offence under section 6, 9, 11(1) or (2), 12, 13 or 14,
Wildlife Act 1990 Section 21


c AT 2 of 1990 Page 29

has been committed and that evidence of the offence may be found on
any premises, he may grant a warrant to any constable (with or without
other persons) to enter upon and search those premises for the purpose
of obtaining that evidence.
21 Summary prosecutions

[P1981/69/20]
(1) This section applies to —
(a) any offence under section 1(1) or 3(1) involving the killing or
taking of any wild bird or the taking of an egg of such a bird;
(b) any offence under section 9(1) or 13(1) involving the killing or
taking of any wild animal; and
(c) any offence under section 12(1) or 13(1) involving the picking,
uprooting or destruction of any wild plant.
(2) Summary proceedings for an offence to which this section applies may
be brought within a period of 6 months from the date on which evidence
sufficient in the opinion of the prosecutor to warrant the proceedings
came to his knowledge; but no such proceedings shall be brought by
virtue of this section more than two years after the commission of the
offence.
(3) For the purpose of this section a certificate signed by or on behalf of the
prosecutor and stating the date on which such evidence as aforesaid
came to his knowledge shall be conclusive evidence of that fact; and a
certificate stating that matter and purporting to be so signed shall be
deemed to be so signed unless the contrary is proved.
22 Penalties, forfeitures etc

[P1981/69/21]
(1) Subject to subsection (6), a person guilty of an offence under section 1, 3,
5, 6, 7, 8 or 13 shall be liable on summary conviction —
(a) in a case where this Part or any order made under it provides that
he shall be liable to a special penalty, to a fine not exceeding
£5,000;
(b) in any other case, to a fine not exceeding £2,500.34

(2) Subject to subsection (6), a person guilty of an offence under section 9 or
11(1) or (2) shall be liable on summary conviction to a fine not exceeding
£5,000.35

(3) Subject to subsection (6), a person guilty of an offence under
section 11(3), 12 or 17 shall be liable on summary conviction to a fine not
exceeding £2,500.36

Section 23 Wildlife Act 1990


Page 30 AT 2 of 1990 c

(4) A person guilty of an offence under section 18 shall be liable on
summary conviction to a fine not exceeding £5,000.
(5) A person guilty of an offence under section 14 shall be liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to a fine.
(6) Where an offence to which subsection (1), (2) or (3) applies was
committed in respect of more than one bird, nest, egg, other animal,
plant or other thing, the maximum fine which may be imposed under
that subsection shall be determined as if the person convicted had been
convicted of a separate offence in respect of each bird, nest, egg, animal,
plant or thing.
(7) The court by which any person is convicted of an offence under this
Part —
(a) shall order the forfeiture of any bird, nest, egg, other animal, plant
or other thing in respect of which the offence was committed; and
(b) may order the forfeiture of any vehicle, animal, weapon or other
thing which was used to commit the offence and, in the case of an
offence under section 14, any animal or plant which is of the same
kind as that in respect of which the offence was committed and
was found in his possession.
23 Power to vary Schedules

[P1981/69/22]
(1) The Department may by order add any bird to, or remove any bird from,
any of or any Part of Schedules 1 to 4.
(2) An order under subsection (1) adding any bird to Part II of Schedule 1 or
Part I of Schedule 2 may prescribe a close season in the case of that bird
for the purposes of sections 1 and 2; and any close season so prescribed
shall commence on a date not later than 21st February and end on a date
not earlier than 31st August.
(3) The Department may, on a representation made to it by the Wildlife
Committee, by order —
(a) add to Schedule 5 or Schedule 7 any animal or plant which, in its
opinion, is in danger of extinction in the Island or is likely to
become so endangered unless conservation measures are taken;
and
(b) remove from Schedule 5 or Schedule 7 any animal or plant which,
in its opinion, is no longer so endangered or likely to become so
endangered.
(4) The Department may, for the purpose of complying with an international
obligation, by order —
Wildlife Act 1990 Section 24


c AT 2 of 1990 Page 31

(a) add any animals to, or remove any animals from, Schedule 5 or
Schedule 6; and
(b) add any plants to, or remove any plants from, Schedule 7.
(5) The Department may by order —
(a) add any animals to, or remove any animals from, Part I of
Schedule 8; and
(b) add any plants to, or remove any plants from, Part II of that
Schedule.
24 Advisory bodies and their functions

[P1981/69/23]
(1) [Repealed]37

(2) The Wildlife Committee shall exercise the functions conferred on it by
this Act.
(3) It shall be the duty of the Wildlife Committee to advise the Department
on any question which the Department may refer to it or on which it
considers it should offer its advice —
(a) in connection with the administration of this Act; or
(b) otherwise in connection with the protection of birds or other
animals or plants.
25 Regulations, orders, notices etc

[P1981/69/26]
(1) Any regulations, byelaws or order under a provision of this Act shall be
laid before Tynwald as soon as may be after the making thereof, and if
Tynwald at the sitting before which such regulations, byelaws or order
are so laid or at the next sitting resolves that the regulations, byelaws or
order shall be annulled, the regulations, byelaws or order shall cease to
have effect.
(2) Before making any order under this Part, the Department —
(a) except in the case of an order under section 2(6), shall give to any
local authority affected and, except in the case of an order under
section 3, any other person affected, by such means as it may
think appropriate, an opportunity to submit objections or
representations with respect to the subject matter of the order;
(b) shall consult with the Wildlife Committee as to whether the order
should be made; and
(c) may, if it thinks fit, cause a public inquiry to be held.
(3) The Department shall give consideration to any proposals for the making
by it of an order under this Part with respect to any area which may be
submitted to it by a local authority whose area includes that area.
Section 26 Wildlife Act 1990


Page 32 AT 2 of 1990 c

26 Interpretation of Part I

[P1981/69/27]
(1) In this Part, unless the context otherwise requires —
“advertisement
” includes a catalogue, a circular and a price list;
“authorised person
” means —
(a) the owner or occupier, or any person authorised by the owner or
occupier, of the land on which the action authorised is taken;
(b) as respects anything done in relation to wild birds, any person
authorised in writing by any of the following bodies, that is to
say, the Department or the Manx Utilities Authority;38

so, however, that the authorisation of any person for the purposes of this
definition shall not confer any right of entry upon any land;
“automatic weapon
” and “semi-automatic weapon
” do not include any
weapon the magazine of which is incapable of holding more than two
rounds;
“aviculture
” means the breeding and rearing of birds in captivity;
“destroy
”, in relation to an egg, includes doing anything to the egg which is
calculated to prevent it from hatching, and “destruction
” shall be
construed accordingly;
“domestic duck
” means any domestic form of duck;
“domestic goose
” means any domestic form of goose;
“firearm
” has the same meaning as in the Firearms Act 1947;
“game bird
” means any pheasant, partridge, grouse (or moor game);
“livestock
” includes any animal which is kept —
(a) for the provision of food, wool, skins or fur;
(b) for the purpose of its use in the carrying on of any agricultural
activity; or
(c) for the provision or improvement of shooting or fishing;
“occupier
”, in relation to any land other than the foreshore, includes any person
having any right of hunting, shooting, fishing or taking game or fish;
“pick
”, in relation to a plant, means gather or pluck any part of the plant
without uprooting it;
“poultry
” means domestic fowls, geese, ducks, guinea-fowls, pigeons and
quails, and turkeys;
“sale
” includes hire, barter and exchange and cognate expressions shall be
construed accordingly;
“uproot
”, in relation to a plant, means dig up or otherwise remove the plant
from the land on which it is growing;
Wildlife Act 1990 Section 26


c AT 2 of 1990 Page 33

“vehicle
” includes aircraft, hovercraft and boat;
“wild animal
” means any animal (other than a bird) which is or (before it was
killed or taken) was living wild;
“wild bird
” means any bird of a kind which is ordinarily resident in or is a
visitor to the Island in a wild state but does not include poultry or, except
in sections 5 and 16, any game bird;
“Wildlife Committee
” has the meaning given by section 24;
“wild plant
” means any plant which is or (before it was picked, uprooted or
destroyed) was growing wild and is of a kind which ordinarily grows in
the Island in a wild state.
(2) A bird shall not be treated as bred in captivity for the purposes of this
Part unless its parents were lawfully in captivity when the egg was laid.
(3) Any reference in this Part to an animal of any kind includes, unless the
context otherwise requires, a reference to an egg, larva, pupa, or other
immature stage of an animal of that kind.
(4) This Part extends to the territorial waters adjacent to the Island.
26A Exemption for certain flood risk management functions

(1) This section applies for the performance of a function (the “activity”) by
the Manx Utilities Authority (“the Authority”) under the Flood Risk
Management Act 2013.39

(2) The Authority does not commit an offence against, or contravene, this
Part if —
(a) the activity is carried out with the Department’s consent; or
(b) in an emergency and the Authority informs the Department of the
carrying out of the activity as soon as practicable after it
happened.
(3) Reasonable conditions may be imposed on the consent, but it must not be
unreasonably withheld or delayed.
(4) Any question as to the following must be referred to an arbitrator to be
agreed between the parties or, failing agreement, appointed by the
Governor in Council —
(a) whether the carrying out of the activity constitutes, or will
constitute, an offence against, or a contravention of, this Part;
(b) whether consent is being unreasonably withheld or delayed; or
(c) whether a condition imposed on any consent given is
reasonable.40

Section 27 Wildlife Act 1990


Page 34 AT 2 of 1990 c

PART II – NATURE CONSERVATION

27 Areas of special scientific interest

[P1981/69/28]
(1) Where the Department, after consultation with the Wildlife Committee is
of the opinion that any area of land is of special interest by reason of any
of its flora, fauna, or geological or physiographical features, it may notify
that fact to —
(a) [Repealed]41

(b) to every owner and occupier of any of that land.
(2) A notification under subsection (1) shall have effect immediately it is
served on all the persons mentioned in subsection (1) and shall continue
in force until rescinded.
(3) A notification under subsection (1) shall specify —
(a) the flora, fauna or geological or physiographical features by
reason of which the land is of special interest;42

(b) any operations or activity of a type appearing to the Department
to be likely to damage that flora or fauna or those features; and
(c) the time (not being less than 3 months from the date of the
notification) within which and the manner in which
representations or objections with respect to the notification may
be made.
(4) If any representations or objections are received by the Department from
any of the persons mentioned in subsection (1), the Department shall
consider those representations or objections and, within 2 months of the
expiry of the period referred to in subsection (3)(c), shall either confirm,
vary or rescind the notification and shall notify the persons mentioned in
subsection (1) of its decision and the reasons for it.
(5) The owner or occupier of any land which is the subject of a notification
under subsection (1) shall not carry out, nor cause or permit to be carried
out on that land any operation or activity specified in the notification
unless —
(a) one of them has given the Department written notice by recorded
delivery of a proposal to carry out the operation or activity
specifying its nature and the land on which it is proposed to carry
it out; and
(b) one of the following conditions is fulfilled —
(i) that the operation or activity is carried out with the
Department’s written consent;
Wildlife Act 1990 Section 28


c AT 2 of 1990 Page 35

(ii) that the operation or activity is carried out in accordance
with the terms of an agreement entered into under
section 30;
(iii) subject to subsection (6), that a period of 4 months has
expired from the giving of notice under paragraph (a).
(6) If, before the expiration of the said period of 4 months the Department
offers to enter into an agreement under section 30, sub-paragraph (iii) of
subsection (5)(b) shall have effect as if for the period of 4 months there
were substituted a period of 12 months and if, within the latter period,
the offeree does not enter into such an agreement, the matter shall be
referred to an arbitrator to be agreed between the offeree and the
Department, or in the absence of such agreement by the Clerk of the
Rolls, and the findings of the arbitrator shall be binding on both parties.43

(7) An agreement offered by the Department in accordance with
subsection (6) shall provide for the making by the Department of
payments determined in accordance with financial guidelines which
shall be prepared by the Department after consultation with bodies
appearing to it to be representative of the interests likely to be affected.
(8) Guidelines prepared under subsection (7) shall not have effect unless
approved by Tynwald.
(9) A person who, without reasonable excuse, contravenes subsection (5)
shall be liable on summary conviction to a fine not exceeding £5,000 or
on conviction on information to a fine.
(10) It is a reasonable excuse in any event for a person to carry out an
operation if the operation was an emergency operation particulars of
which (including details of the emergency) were notified to the
Department as soon as practicable after the commencement of the
operation.
(11) Proceedings for an offence under subsection (9) shall not be taken
without the consent of the Attorney General.
(12) In this section “operation” includes the removal or disturbance of any
rock, plant, animal or other thing.
(13) In this section “land” includes land covered (whether constantly or not)
by water.44

28 Restoration where s 27 contravened

[P1981/69/31]
(1) Where the operation or activity in respect of which a person is convicted
of an offence under section 27 has destroyed or damaged any of the flora,
fauna, or geological or physiographical features by reason of which the
land on which it was carried out is of special interest, the court of
summary jurisdiction by which he is convicted, in addition to dealing
Section 29 Wildlife Act 1990


Page 36 AT 2 of 1990 c

with him in any other way, may make an order requiring him to carry
out, within such period as may be specified in the order, such operations
for the purpose of restoring the land to its former condition as may be so
specified.
(2) Where an order is made under this section by a court of summary
jurisdiction, the period specified in the order shall not begin to run —
(a) in any case until the expiration of the period for the time being
prescribed by law for the giving of notice of appeal against a
decision of a court of summary jurisdiction;
(b) where notice of appeal is given within the period so prescribed,
until determination of the appeal.
(3) At any time before an order under this section has been complied with or
fully complied with, a court of summary jurisdiction may, on the
application of the person against whom it was made, discharge or vary
the order if it appears to the court that a change in circumstances has
made compliance or full compliance with the order impracticable or
unnecessary.
(4) If, within the period so specified in an order under this section, the
person against whom it was made fails, without reasonable excuse, to
comply with it, he shall be liable on summary conviction —
(a) to a fine not exceeding £5,000; and
(b) in the case of a continuing offence, to a further fine not exceeding
£100 for each day during which the offence continues after
conviction.
(5) If, within the period specified in an order under this section, any
operations specified in the order have not been carried out, the
Department may by its agents and employees enter the land and carry
out those operations and recover from the person against whom the
order was made any expenses reasonably incurred in doing so.
29 Compensation

(1) Where notification is made under section 27, the Department may pay
compensation to any person having at the time of the making of the
notification an interest in land to which the notification relates who, on a
claim made to the Department within the time and in the manner
prescribed by regulations under this section, shows that the value of his
interest is less than it would have been if the notification had not been
made.45

(2) The amount of the compensation paid under subsection (1) shall be equal
to the difference between the two values mentioned in that subsection.
(3) For the purposes of subsection (1) —
Wildlife Act 1990 Section 30


c AT 2 of 1990 Page 37

(a) an interest in land shall be valued as at the time when the
notification was made;
(b) where a person, by reason of his having more than one interest in
land, makes more than one claim under that subsection in respect
of the same notification, his various interests shall be valued
together.
(4) For the purpose of assessing any compensation payable under this
section, the rules set out in section 5 of the Acquisition of Land Act 1984
(rules for assessing compensation) shall, so far as applicable and subject
to any necessary modifications, have effect as they have effect for the
purpose of assessing compensation for the compulsory acquisition of an
interest in land.
(5) No claim shall be made under this section in respect of any notification
under section 27 unless the Department has made a decision under
subsection (4) of that section and given notice in accordance with that
subsection.
(6) Except insofar as may be provided by regulations under this section, any
question of disputed compensation under this section shall be referred to
and determined by an arbitrator appointed under, and selected in
accordance with, section 3 of that Act (tribunal for assessing
compensation).
(7) In relation to the determination of any such question, the provisions of
sections 9 and 10 of that Act (procedure and costs) shall apply, subject to
any necessary modifications and to the provisions of regulations under
this section.
30 Management agreements with owners etc of land

(1) The Department may for the purpose of —
(a) conserving or enhancing the natural beauty or amenity of any
land;
(b) conserving the flora, fauna or geological or physiographical
features of any land; or
(c) promoting its enjoyment by the public,
make an agreement (in this section referred to as a “management
agreement”) with any person having an interest in the land with respect
to the management of the land during a specified term or without
limitation of the duration of the agreement.
(2) Without prejudice to the generality of subsection (1), a management
agreement may —
(a) impose on the person having an interest in the land restrictions as
respects the method of cultivating the land, its use for agricultural
purposes or the exercise of rights over the land and may impose
Section 31 Wildlife Act 1990


Page 38 AT 2 of 1990 c

obligations on that person to carry out works or agricultural or
forestry operations or do other things on the land; and
(b) contain such further provisions (including provisions for the
making of payments by either party to the other) as appear to the
Department to be necessary or expedient for the purposes of the
agreement.
(3) The provisions of a management agreement with any person interested
in the land shall, unless the agreement otherwise provides, be binding on
persons deriving title under or from that person and be enforceable by
the Department against those persons accordingly.
(4) Schedule 2 to the Forestry Act 1984 (power for tenant for life and others to
enter into forestry covenants) shall apply to management agreements as
it applies to forestry covenants.
(5) The powers conferred by this section on the Department shall be in
addition to and not in derogation of any powers of the Department
conferred by or under any statutory provision.
31 National nature reserves

[P1981/69/35]
(1) Where the Department is satisfied that any land which is being managed
as a nature reserve by the owner or occupier is of national importance, it
may, subject to section 37(3), declare that land to be a national nature
reserve.
(2) A declaration by the Department that any land is a national nature
reserve shall be conclusive of the matters declared.
(3) On the application of the owner and occupier concerned, the Department
may, subject to section 37(3), as respects any land which is declared to be
a national nature reserve under subsection (1), make byelaws for the
protection of the reserve.
(4) Without prejudice to the generality of subsection (3) and subject to
subsection (6), byelaws under this section —
(a) may provide for prohibiting or restricting the entry into, or
movement within, nature reserves of persons, vehicles, boats and
animals;
(b) may prohibit or restrict the killing, taking, molesting or
disturbance of living creatures of any description in a nature
reserve, the taking, destruction or disturbance of eggs of any such
creature, the taking of, or interference with, vegetation of any
description in a nature reserve, or the doing of anything therein
which will interfere with the soil or damage any object in the
reserve;
Wildlife Act 1990 Section 31


c AT 2 of 1990 Page 39

(c) may prohibit or restrict the shooting of birds or of birds of any
description within such area surrounding or adjoining a nature
reserve (whether the area be of land or of sea) as appears to the
Department requisite for the protection of the reserve;
(d) may contain provisions prohibiting the depositing of rubbish and
the leaving of litter in a nature reserve;
(e) may prohibit or restrict, or provide for prohibiting or restricting,
the lighting of fires in a nature reserve, or the doing of anything
likely to cause a fire in a nature reserve;
(f) may provide for the issue, on such terms and subject to such
conditions as may be specified in the byelaws, of permits
authorising entry into a nature reserve or the doing of anything
therein which would otherwise be unlawful, whether under the
byelaws or otherwise;
(g) may be made so as to relate either to the whole or to any part of
the reserve or, in the case of byelaws made under paragraph (c) of
any such surrounding or adjoining area as is mentioned in that
paragraph, and may make different provisions for different parts
thereof.
(5) Before making any byelaws under subsection (4)(c), the Department shall
consult with the occupier of the land to which the byelaws shall apply.
(6) Byelaws under this section shall not interfere with the exercise by any
person of a right vested in him as owner, lessee or occupier of land in a
nature reserve, or with the exercise of any public right of way or of any
functions of statutory undertakings, of the Department of Infrastructure,
the Department of Environment, Food and Agriculture or any drainage
authority.46

(7) In this section “nature reserve” means land managed for the purpose —
(a) of providing, under suitable conditions and control, special
opportunities for the study of, and research into, matters relating
to the fauna and flora of the Island and the physical conditions in
which they live, and for the study of geological and
physiographical features of special interest in the area, or
(b) of preserving flora, fauna or geological or physiographical
features of special interest in the area,
or for both those purposes.
(8) If any person contravenes any byelaw made under this section he shall
be guilty of an offence and, on summary conviction, shall be liable to a
fine not exceeding £2,500.
Section 32 Wildlife Act 1990


Page 40 AT 2 of 1990 c

32 Marine nature reserves

[P1981/69/36]
(1) Where, in the case of any land covered (continuously or intermittently)
by tidal waters or parts of the sea in or adjacent to the Island up to the
seaward limits of territorial waters it appears to the Department
expedient, on an application made by the Wildlife Committee that the
land and waters covering it should be managed by the Department for
the purpose of —
(a) conserving marine flora or fauna or geological or physiographical
features of special interest in the area; or
(b) providing, under suitable conditions and control, special
opportunities for the study of, and research into, matters relating
to marine flora and fauna and the physical conditions in which
they live, or for the study of geological and physiographical
features of special interest in the area,
the Department may, subject to section 37(3), by order designate the area
comprising that land and those waters as a marine nature reserve; and
the Department shall manage any area so designated for either or both of
those purposes.
(2) An application for an order under this section shall be accompanied by a
copy of the byelaws which, if an order is made, the Wildlife Committee
recommend that the Department make under section 33 for the
protection of the area specified in the application.
(3) The powers exercisable by the Department for the purpose of managing
an area designated as a marine nature reserve under this section shall
include power to install markers indicating the existence and extent of
the reserve.
(4) Nothing in this section or in byelaws made under section 33 shall
interfere with the exercise of any functions of a relevant authority, any
functions conferred by or under an enactment (whenever passed) or any
right of any person (whenever vested).
(5) In this section “relevant authority” means the Manx Utilities Authority,
the Department of Environment, Food and Agriculture, the Department
of Infrastructure, a lighthouse authority or a drainage authority.47

33 Byelaws for protection of marine nature reserves

[P1981/69/37]
(1) The Department may, subject to section 37(3), make byelaws for the
protection of any area designated as a marine nature reserve under
section 32.
(2) Without prejudice to the generality of subsection (1), byelaws made
under this section as respects a marine nature reserve —
Wildlife Act 1990 Section 33


c AT 2 of 1990 Page 41

(a) may provide for prohibiting or restricting, either absolutely or
subject to any exceptions —
(i) the entry into, or movement within, the reserve of persons
and vessels;
(ii) the killing, taking, destruction, molestation or disturbance
of animals or plants of any description in the reserve, or
the doing of anything therein which will interfere with the
sea bed or damage or disturb any object in the reserve; or
(iii) the depositing of rubbish in the reserve;
(b) may provide for the issue, on such terms and subject to such
conditions as may be specified in the byelaws, of permits
authorising entry into the reserve or the doing of anything which
would otherwise be unlawful under the byelaws; and
(c) may be so made as to apply either generally or with respect to
particular parts of the reserve or particular times of the year.
(3) Nothing in byelaws made under this section shall —
(a) prohibit or restrict the exercise of any right of passage by a vessel
other than a pleasure boat; or
(b) prohibit, except with respect to particular parts of the reserve at
particular times of the year, the exercise of any such right by a
pleasure boat.
(4) Nothing in byelaws so made shall make unlawful —
(a) anything done for the purpose of securing the safety of any vessel,
or of preventing damage to any vessel or cargo, or of saving life;
(b) the discharge of any substance from a vessel; or
(c) anything done more than 30 metres below the sea bed.
(5) If any person contravenes any byelaws made under this section he shall
be guilty of an offence and, on summary conviction, shall be liable to a
fine not exceeding £2,500.
(6) Proceedings for an offence under byelaws made under this section shall
not be taken without the consent of the Attorney General.
(6A) A byelaw made under this section which relates to —
(a) fishing for, or the taking or killing of, any fish, or
(b) the use or possession of any fishing engine,
shall be treated as sea fishery legislation for the purposes of Part 8 of the
Fisheries Act 2012.
In this subsection “fish” and “fishing engine” have the same meanings as
in that Act.48

Section 34 Wildlife Act 1990


Page 42 AT 2 of 1990 c

(6B) An offence under a byelaw referred to in subsection (6A) shall be treated
as an offence under the Fisheries Act 2012 for the purposes of section 78
(forfeiture) of that Act.49

(7) In this section “vessel” includes a hovercraft and any aircraft capable of
landing on water and “pleasure boat” shall be construed accordingly.
(8) References in this section to animals or plants of any description include
references to eggs, seeds, spores, larvae or other immature stages of
animals or plants of that description.
PART III – MISCELLANEOUS AND GENERAL

34 Offences by bodies corporate etc

[P1981/69/69]
(1) Where a body corporate is guilty of an offence under this Act and that
offence is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body corporate
or any person who was purporting to act in any such capacity he, as well
as the body corporate, shall be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members
subsection (1) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director
of the body corporate.
35 Publication of information

The Department shall publish information or arrange for the publication of
information in such form and such manner as it considers appropriate with
respect to —
(a) the operation of this Act and any public document under it;
(b) any matters relating to the functions of the Department under this
Act;
(c) any other matters about which it appears to it to be desirable to
publish information for the guidance of persons it considers likely
to be affected by this Act.
36 Duty to have regard to environment etc

(1) In regard to any functions of the Department which may affect the
physical environment, the Department shall, so far as may be consistent
with the proper discharge of such functions, endeavour to secure a
reasonable balance between —
Wildlife Act 1990 Section 37


c AT 2 of 1990 Page 43

(a) the promotion and maintenance of a stable and efficient
agricultural industry; and
(b) the conservation and enhancement of the natural beauty and
amenity of the countryside, the protection of wildlife habitat, and
the conservation of flora and fauna and geological or
physiographical features of interest.
(2) Without prejudice to subsection (1), in the exercise of any functions
which may affect the physical environment, a department, statutory
board or local authority shall, so far as may be consistent with the proper
discharge of those functions, have regard to the matters specified in
subsection (1)(b).
37 Financial provisions

[P1981/69/70]
(1) There shall be defrayed out of money provided by Tynwald any
expenses incurred by the Department under this Act.
(2) Any sums received by the Department under this Act shall form part of
the General Revenue of the Island.
(3) The Department shall obtain the concurrence of the Treasury before
making any order, bye-laws or declaration under sections 31, 32 and 33.
38 General interpretation

[P1981/69/71]
In this Act —
“the commencement date
”, in relation to any provision of this Act, means the
date of the coming into force of that provision;
“the Department
” has the meaning given by section 2(3);
“modifications
” includes additions, alterations and omissions and cognate
expressions shall be construed accordingly;
“the Wildlife Committee
” means the Wildlife Committee established under
section 1(2) of the Endangered Species Act 2010.
50

39 Consequential amendments

(1) [Amends section 2 and substitutes section 9 of the Game Act 1882.]
(2) [Amends section 9 of the Curraghs Acquisition Act 1963.]
(3) [Amends sections 2, 4 and 7 of the Wild Animals (Restriction on
Importation, Etc.) Act 1980.]
Section 40 Wildlife Act 1990


Page 44 AT 2 of 1990 c

40 Repeals

The enactments mentioned in Schedule 10 are repealed to the extent specified in
the third column of that Schedule.
41 Short title and commencement

(1) This Act may be cited as the Wildlife Act 1990.
(2) This Act shall come into operation on such day as the Department may
by order appoint and different days may be appointed under this
subsection for different provisions, different purposes or different areas.
(3) An order under subsection (2) may make such transitional provision as
appears to the Department to be necessary or expedient in connection
with the provisions thereby brought into force.51

Wildlife Act 1990 Schedule 1



c AT 2 of 1990 Page 45

SCHEDULE 1

BIRDS WHICH ARE PROTECTED BY SPECIAL PENALTIES

Sections 1, 2, 4, 6 and 23[Sch 1 substituted by SD129/04.]
PART I – AT ALL TIMES
Common name Scientific name
Avocet Recurvirostra avosetta
Bittern Botaurus stellaris
Bullfinch Pyrrhula pyrrhula
Bunting, Corn Miliaria calandra
Bunting, Reed Emberiza schoeniclus
Buzzard Buteo buteo
Buzzard, Honey Pernis apivorus
Buzzard, Rough-legged Buteo lagopus
Chough Pyrrhocorax pyrrhocorax
Corncrake Crex crex
Crake, Spotted Porzana porzana
Crane, Common Grus grus
Crossbills (all species) Loxia
Curlew Numenius arquata
Dipper Cinclus cinclus
Dove, Turtle Streptopelia turtur
Eagle, Golden Aquila chrysaetos
Eagle, White-tailed Haliaetus albicilla
Egret, Little Egretta garzetta
Falcons (all species) Falconidae
Flycatcher, Spotted Muscicapa striata
Gadwall Anas strepera
Garganey Anas querquedula
Geese (all species) Anser and Branta
Goshawk Accipiter gentilis
Grebe, Little Tachybaptus ruficollis
Harriers (all species) Circus
Heron, Purple Ardea purpurea
Kingfisher Alcedo atthis
Kite, Black Milvus migrans
Kite, Red Milvus milvus
Lapwing Vanellus vanellus
Martin, Sand Riparia riparia
Nightjar Caprimulgus europaeus
Osprey Pandion haliaetus
Ouzel, Ring Turdus torquatus
Owl (all species) Strigiformes
Schedule 1
Wildlife Act 1990


Page 46 AT 2 of 1990 c

Common name Scientific name
Petrel, Storm Hydrobates pelagicus
Pintail Anas acuta
Pipit, Tree Anthus trivialis
Plover, Golden Pluvialis apricaria
Plover, Little Ringed Charadrius dubius
Plover, Ringed Charadrius hiaticula
Quail, Common Coturnix coturnix
Redstart, Black Phoenicurus ochruros
Redstart, Common Phoenicurus pheonicurus
Sandpiper, Common Actitis hypoleucos
Scaup Aythya marila
Shag Phalacrocorax aristotelis
Shearwater, Manx Puffinus puffinus
Shelduck Tadorna tadorna
Shoveler Anas clypeata
Skylark Alauda arvensis
Snipe, Jack Lymnocryptes minimus
Sparrow, House Passer domesticus
Sparrow, Tree Passer montanus
Sparrowhawk Accipiter nisus
Spoonbill Platalea eucorodia
Starling Sturnus vulgaris
Swan, Bewick’s Cygnus bewickii
Swan, Whooper Cygnus cygnus
Swift Apus apus
Tern (all species) Sternidae
Thrush, Song Turdus philomelos
Tit, Bearded Panurus biarmicus
Twite Carduelis flavirostris
Warbler, Grasshopper Locustella naevia
Water Rail Rallus aquaticus
Whinchat Saxicola rubetra
Yellowhammer Emberiza citrinella

PART II – DURING THE CLOSE SEASON
Common name Scientific name
Teal Anas crecca
Snipe Gallinago gallinago
Woodcock Scolopax rusticola

NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.
Wildlife Act 1990 Schedule 2



c AT 2 of 1990 Page 47

SCHEDULE 2

BIRDS WHICH MAY BE KILLED OR TAKEN

Section 2, 3, 5 and 2352

PART I – OUTSIDE THE CLOSE SEASON
Common name Scientific name
Mallard Anas platyrhynchos
Snipe Gallinago gallinago
Teal Anas crecca
Wigeon Anas penelope
Woodcock Scolopax rusticola

PART II – BY AUTHORISED PERSONS AT ALL TIMES
Common name Scientific name
— —
NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.

Schedule 3
Wildlife Act 1990


Page 48 AT 2 of 1990 c

SCHEDULE 3

BIRDS WHICH MAY BE SOLD

Sections 6 and 23
PART I – ALIVE AT ALL TIMES IF RINGED AND BRED IN

CAPTIVITY
Common name Scientific name
Blackbird Turdus merula
Brambling Fringilla montifringilla
Bullfinch Pyrrhula pyrrhula
Bunting, Reed Emberiza schoeniclus
Chaffinch Fringilla coelebs
Dunnock Prunella modularis
Goldfinch Carduelis carduelis
Greenfinch Carduelis chloris
Jackdaw Corvus monedula
Jay Garrulus glandarius
Linnet Carduelis cannabina
Magpie Pica pica
Redpoll Carduelis flammea
Siskin Carduelis spinus
Starling Sturnus vulgaris
Thrush, Song Turdus philomelos
Twite Carduelis flavirostris
Yellowhammer Emberiza citrinella
PART II – DEAD AT ALL TIMES
Common name Scientific name
Pigeon, Feral Columba livia
Woodpigeon Columba palumbus

PART III – DEAD FROM 1ST SEPTEMBER TO 28TH FEBRUARY
Common name Scientific name
Mallard Anas platyrhynchos
Snipe, Common Gallinago gallinago
Teal Anas crecca
Wigeon Anas penelope
Woodcock Scolopax rusticola

Wildlife Act 1990 Schedule 4



c AT 2 of 1990 Page 49

NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.
SCHEDULE 4

CAPTIVE BIRDS WHICH MAY BE POSSESSED BY

REGISTERED PERSONS ONLY

Sections 7 and 23
Common name Scientific name
Avocet Recurvirostra avosetta
Bee-eater Merops apiaster
Bittern Botaurus stellaris
Bittern, Little Ixobrychus minutus
Bluethroat Luscinia svecica
Bunting, Cirl Emberiza cirlus
Bunting, Lapland Calcarius lapponicus
Bunting, Snow Plectrophenax nivalis
Chough Pyrrhocorax pyrrhocorax
Corncrake Crex crex
Crake, Spotted Porzana porzana
Crossbills (all species) Loxia
Curlew, Stone Burhinus oedicnemus
Divers (all species) Gavia
Dotterel Charadrius morinellus
Duck, Long-tailed Clangula hyemalis
Falcons (all species) Falconidae
Fieldfare Turdus pilaris
Firecrest Regulus ignicapillus
Godwit, Black-tailed Limosa limosa
Grebe, Black-necked Podiceps nigricollis
Grebe, Slavonian Podiceps auritus
Greenshank Tringa nebularia
Hawks, True (except old) Accipitridae (except world vultures) that
the genera Aegypius, is to say, Buzzards,
Gypaetus, Gypohierax, Eagles, Harriers,
Gyps, Neophron, Hawks and Kites (all
Sarcogyps and species in each case)
Trigonoceps
Hoopoe Upupa epops
Kingfisher Alcedo atthis
Oriole, Golden Oriolus oriolus
Osprey Pandion haliaetus
Owl (all species) Strigiformes
Schedule 4
Wildlife Act 1990


Page 50 AT 2 of 1990 c

Common name Scientific name
Petrel, Leach’s Oceanodroma leucorhoa
Phalarope, Red-necked Phalaropus lobatus
Plover, Kentish Charadrius alexandrinus
Plover, Little ringed Charadrius dubius
Quail, Common Coturnix coturnix
Redstart, Black Phoenicurus ochruros
Redwing Turdus iliacus
Rosefinch, Scarlet Carpodacus erythrinus
Ruff Philomachus pugnax
Sandpiper, Green Tringa ochropus
Sandpiper, Purple Calidris maritima
Sandpiper, Wood Tringa glareola
Scoter, Common Melanitta nigra
Scoter, Velvet Melanitta fusca
Serin Serinus serinus
Shorelark Eremophila alpestris
Shrike, Red-backed Lanius collurio
Spoonbill Platalea leucorodia
Stilt, Black-winged Himantopus himantopus
Stint, Temminck’s Calidris temminckii
Tern, Black Chlidonias niger
Tern, Little Sterna albifrons
Tern, Roseate Sterna dougallii
Tit, Bearded Panurus biarmicus
Tit, Crested Parus cristatus
Treecreeper, Short-toed Certhia brachydactyla
Warbler, Cetti’s Cettia cetti
Warbler, Dartford Sylvia undata
Warbler, Marsh Acrocephalus palustris
Warbler, Savi’s Locustella luscinioides
Whimbrel Numenius phaeopus
Woodlark Lullulla arborea
Wryneck Jynx torquilla

NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.

Wildlife Act 1990 Schedule 5



c AT 2 of 1990 Page 51

SCHEDULE 5

ANIMALS WHICH ARE PROTECTED

Sections 9, 10 and 2353

Common name Scientific name
Bats, Horseshoe (all species) Rhinolophidae
Bats, Typical (all species) Vespertilionidae
Beefly, Lesser Bombylius minor
Cricket, Dotted bush Leptophyes punctatissima
Cricket, Dark bush Pholidoptera griseoaptera
Frog, Common Rana temporaria
Grasshopper, Lesser mottled Stenobothrus stigmaticus
Lizard, Vivaparous Lacerta vivipara
Moth, Grey Hadena caesia mananii
Moth, Scarce crimson and gold Pyrausta sanguinalis
Seals (all species) Pinnepedia
Shark, Basking Cetorhinus maximus
Shrimp, Fairy Chirocephalus diaphanus
Turtle (marine) (all species) Dermochelyidae andCheloniidae
Whales (all species) Cetacea

NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.
SCHEDULE 6

ANIMALS WHICH MAY NOT BE KILLED OR TAKEN BY

CERTAIN METHODS

Sections 11 and 23
Common name Scientific name
Bats, Horseshoe (all species) Rhinolophidae
Bats, Typical (all species) Vespertilionidae
Dolphin, Bottle-nosed Tursiops truncatus (otherwise known as
Tursiops tursio)
Dolphin, Common Delphinus delphis
Hedgehog Erinaceus europaeus
Otter, Common Lutra lutra
Porpoise, Harbour (otherwise known as
Common porpoise)
Phocaena phocaena
Stoat (“Weasel”) Mustela erminea

Schedule 7
Wildlife Act 1990


Page 52 AT 2 of 1990 c

NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.
SCHEDULE 7

PLANTS WHICH ARE PROTECTED

Sections 12 and 2354

Common name Scientific name
Agrimony Agrimonia eupatoria
Alpine clubmoss Diphasiastrum alpinum
Beech fern Phegopteris connectilis
Blunt-leaved pondweed Potamogeton obtusifolius
Brackish water crowfoot Ranunculus baudotii
Burnet saxifrage Pimpinella saxifraga
Carline thistle Carlina vulgaris
Celery-leaved buttercup Ranunculus sceleratus
Common bladderwort Utricularia vulgaris
Common cow-wheat Melampyrum pratense
Common sea lavender Limonium vulgare
Common wintergreen Pyrola minor
Cranberry Vaccinium oxycoccus
Dioecious sedge Carex dioica
Dodder Cuscuta epithymum
Dune fescue Vulpia fasciculata
Eelgrass Zostera marina
Fennel pondweed Potamogeton pectinatus
Few-flowered spike rush Eleocharis quinqueflora
Field gentian Gentianella campestris
Floating burr-reed Sparganium natans
Floating club-rush Eleogiton fluitans
Grass-leaved orache Atriplex littoralis
Greater broomrape Orobanche rapum-genistae
Greater spearwort Ranunculus lingua
Hare’s-foot clover Trifolium arvense
Hay-scented buckler-fern Dryopteris aemula
Horned pondweed Zannichellia palustris
Iceland cress Rorippa islandica
Isle of Man cabbage Coincya monensis monensis
Ivy-leaved bellflower Wahlenbergia hederacea
Juniper Juniperus communis
Killarney filmy fern Trichomanes speciosum
Least willow Salix herbacea
Lesser clubmoss Selaginella selaginoides
Wildlife Act 1990 Schedule 7



c AT 2 of 1990 Page 53

Common name Scientific name
Lesser tussock-sedge Carex diandra
Lesser water-plantain Baldellia ranunculoides
Maidenhair fern Adiantum capillus veneris
Marsh hawk’s-beard Crepis paludosa
Marsh stitchwort Stellaria palustris
Mountain pansy Viola lutea
Narrow buckler-fern Dryopteris carthusiana
Narrow-leaved water-plantain Alisma lanceolatum
Nodding bur-marigold Bidens cernua
Orchid (all species) Orchidaceae
Oyster plant Mertensia maritima
Pale butterwort Pinguicula lusitanica
Pale sedge Carex pallescens
Parsley fern Cryptogramma crispa
Parsley water-dropwort Oenanthe lachenalii
Pennyroyal Mentha pulegium
Pillwort Pilularia globulifera
Pink water speedwell Veronica catenata
Portland spurge Euphorbia portlandica
Rock sea lavenders Limonium binervosum agg.
Saltmarsh flat-sedge Blysmus rufus
Sea-purslane Atriplex portulacoides
Sea wormwood Seriphidium maritimum
Shepherd’s cress Teesdalia nudicaulis
Slender spike-rush Eleocharis uniglumis
Smooth cat’s-ear Hypochaeris glabra
Spring sandwort Minuartia verna
Stagshorn club moss Lycopodium clavatum
Strawberry clover Trifolium fragiferum
Tubular water-dropwort Oenanthe fistulosa
Viper’s bugloss Echium vulgare
Western clover Trifolium occidentale
White sedge Carex curta
Wilson’s filmy fern Hymenophyllum wilsonii
Wood fescue Festuca altissima
Wood melick Melica uniflora
Wood small-reed Calamagrostis epigejos
Wood speedwell Veronica montana
Wood vetch Vicia sylvatica
Yellow waterlily Nuphar lutea

NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.
Schedule 8
Wildlife Act 1990


Page 54 AT 2 of 1990 c

SCHEDULE 8

ANIMALS AND PLANTS TO WHICH SECTION 14 APPLIES

Sections 14 and 23
PART I – ANIMALS WHICH ARE ESTABLISHED IN THE WILD
Common name Scientific name
Common carp/Mirror carp Cyprinus carpio
Goose, Canada Branta canadensis
Lizard, Common Wall Podarcis muralis
Newt, Alpine Triturus alpestris
Perch Perca fluviatilis
Rat, Black Rattus rattus
Roach Rutilis rutilis
Roach x Rudd hybrids Scardinius spp.
Rudd Scardinius erythrophthalmus
Tench Tinca tinca
Wallaby, Red-necked Macropus rufogriseus55


PART II – PLANTS
Common name Scientific name
American skunk cabbage Lysichiton americanum
Canadian waterweed Elodea canadensis
Common rhododendron Rhododendron ponticum
Cord grass Spartina anglica
Cotoneaster spp. Cotoneaster spp including C.horizontalis, C.
integrifolius, C. simonsii
Curly waterweed Lagarosiphon major
Floating pennywort Hydrocotyle ranunculoides
Fringed water lily Nymphoides peltata
Giant knotweed Fallopia sachalinensis
Giant rhubarb Gunnera tinctoria
Giant salvinia Salvinia molesta
Himalayan Balsam Impatiens glandulifera
Hogweed, Giant Heracleum mantegazzianum
Hottentot fig Carpobrotus edulis
Keeled garlic Allium carinatum
Kelp, Giant Macrocystis pyrifera
Knotweed, Japanese Polygonum cuspidatum
Mind-your-own business Soleirola solerolii
Montbretia Crocosmia x crocosmiliflora
Wildlife Act 1990 Schedule 9



c AT 2 of 1990 Page 55

Common name Scientific name
New Zealand pygmyweed (also known as
Australian stonecrop)
Crassula helmsil (also sold as Crassula
recurva, Tillaea recurva, Tillaea helmsil)
Nuttall’s water-weed Elodea nutallii
NZ privet Griselinia littoralis
Parrots feather Myriophyllum aquaticum
Pirri-pirri burr Aceana novae-zelandia and Aceana ovalifolia
Sea buckthorn Hippophae rhamnoides
Seaweed, Japanese Sargassum muticum
Spanish bluebell and hybrids Hyacinthoides hispanica and Hyacinthoides x
massartiana
Three-cornered leek Allium triquetrum
Water fern Azolla filiculoides
Water hyacinth Eichhornia crasspipes
Water lettuce Pistia stratoides

NOTE: The common name or names given in the first column of this Schedule are
included by way of guidance only; in the event of any dispute or proceedings, the
common name or names shall not be taken into account.56

SCHEDULE 9
57


Schedule 10
Wildlife Act 1990


Page 56 AT 2 of 1990 c

SCHEDULE 10

REPEAL OF ENACTMENTS

Section 40
PART I - REPEAL OF ACTS

Part I repeals the following Acts wholly —
Sea Gull Preservation Act 1867
Salmon and Fresh-water Fishery Act 1882
Game Act 1928
Sea Gull Preservation Amendment Act 1930
Wild Birds Protection Act 1932
Protection of Birds Act 1955
Wild Birds Protection (Amendment) Act 1975
and the following Acts in part —
Prevention of Damage by Agricultural Pests Act 1956
Game (Hares) Act 1971
Endangered Species (Import and Export) Act 1981
Treasury Act 1985
Fines Act 1986.
The repeal of the Wild Birds Protection Acts 1932 to 1975 not in operation as
respects bird sanctuaries defined in any order under s 11 of the Wild Birds
Protection Act 1932 which was in force immediately before 1/1/1991.]
PART II – REPEAL OF PUBLIC DOCUMENTS

Part II repeals the following public documents in part —
Customs and Excise Acts (Application) Order 1979 (GC38/79)
Customs and Excise Acts (Application) (Amendment) Order 1979
(GC249/79)
Customs and Excise (Transfer of Functions) Order 1980 (GC29/80)
Department of Agriculture, Fisheries and Forestry Order 1986
(GC121/86).]
Wildlife Act 1990 Endnotes


c AT 2 of 1990 Page 57

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(a). 2
Subs (5) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(a). 3
Subs (3) amended by SD155/10 Sch 3. 4
Subpara (i) amended by Agriculture (Miscellaneous Provisions) Act 2000 s 2. 5
Para (a) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(a). 6
Subs (2) amended by Agriculture (Miscellaneous Provisions) Act 2000 s 2, by
SD155/10 Sch 9 and by SD2014/06. 7
Subs (6) added by Agriculture (Miscellaneous Provisions) Act 2000 s 2. 8
Para (a) amended by Criminal Justice Act 1996 Sch 2. 9
Para (c) amended by Criminal Justice Act 1996 Sch 2. 10
Para (d) amended by Criminal Justice Act 1996 Sch 2. 11
Para (e) amended by Criminal Justice Act 1996 Sch 2. 12
Para (f) inserted by Criminal Justice Act 1996 Sch 2. 13
Subs (4) amended by Criminal Justice Act 1996 Sch 2. 14
Subs (9) amended by Rehabilitation of Offenders Act 2001 Sch 2. 15
Subs (2A) inserted by Agriculture (Miscellaneous Provisions) Act 2000 s 2. 16
Subs (5A) inserted by Rehabilitation of Offenders Act 2001 Sch 2. 17
Para (c) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 18
Subs (1) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(a) and
(b)(i). 19
Subs (4) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(a). 20
Subs (4A) inserted by Agricultural (Miscellaneous Provisions) Act 2008 s 3(b)(ii). 21
Para (d) inserted by Criminal Justice Act 1996 Sch 2.
Endnotes Wildlife Act 1990


Page 58 AT 2 of 1990 c

22
Para (f) inserted by Criminal Justice Act 1996 Sch 2. 23
Para (a) amended by Criminal Justice Act 1996 Sch 2. 24
Subs (5) amended by Criminal Justice Act 1996 Sch 2. 25
Subs (6) amended by Criminal Justice Act 1996 Sch 2. 26
Para (a) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(a). 27
Para (b) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(a). 28
S 15 repealed by Endangered Species Act 2010 Sch 5. 29
Subs (1) amended by Agriculture (Miscellaneous Provisions) Act 2000 s 2. 30
Subs (1A) inserted by Agriculture (Miscellaneous Provisions) Act 2000 s 2. 31
Subs (6) amended by Agriculture (Miscellaneous Provisions) Act 2000 s 2. 32
Para (c) repealed by Police Powers and Procedures Act 1998 Sch 5. 33
Subs (2) amended by Police Powers and Procedures Act 1998 Sch 4. 34
Subs (1) amended by Statute Law Revision Act 1997 Sch 1. 35
Subs (2) amended by Statute Law Revision Act 1997 Sch 1. 36
Subs (3) amended by Statute Law Revision Act 1997 Sch 1. 37
Subs (1) repealed by Endangered Species Act 2010 Sch 5. 38
Para (b) amended by SD155/10 Sch 9 and by SD2014/06. 39
Subs (1) amended by SD2014/06. 40
S 26A inserted by Flood Risk Management Act 2013 s 88. 41
Para (a) amended by SD155/10 Schs 3 and 11. 42
Para (a) amended by Statute Law Revision Act 1992 Sch 1. 43
Subs (6) amended by Transfer of Governor’s Functions Act 1992 Sch 1. 44
Subs (13) added by Statute Law Revision Act 1997 Sch 1. 45
Subs (1) amended by Agricultural (Miscellaneous Provisions) Act 2008 s 3(c). 46
Subs (6) amended by SD486/94 and by SD155/10 Schs 3, 5 and 11. 47
Subs (5) amended by SD486/94, by SD155/10 Schs 3, 5, 9 and 11 and by SD2014/06. 48
Subs (6A) inserted by Fisheries Act 2012 s 76. 49
Subs (6B) inserted by Fisheries Act 2012 s 76. 50
Definition of “the Wildlife Committee” added by Endangered Species Act 2010 Sch 4. 51
Majority of provisions in force by 1/1/1991 by GC9/91. ADO (s 15, Sch 9 and the entry
in Sch 10 as they amend or repeal the Endangered Species (Import and Export) Act
1981) 9/12/2003 (SD824/03). The whole Act in force except to the extent that ss 1 to 8 do
not apply to bird sanctuaries controlled by Wild Birds Protection Acts 1932 to 1975 [see
Art. 2(2) and (3) GC9/91]. 52
Sch 2 substituted by SD129/04. 53
Sch 5 substituted by SD457/04. 54
Sch 7 substituted by SD129/04. 55
Part I amended by SD135/11. 56
Part II amended by SD135/11. 57
Sch 9 repealed by Endangered Species Act 2010 Sch 5.