Statutory guidance

Licence to carry out wildlife crime investigation (CL30)

Updated 1 January 2024

Applies to England

Class licence CL30: to allow officers or employees of police forces within England to carry out wildlife crime investigations.

Overview

This class licence permits officers or employees* of Police Forces and National Police Units (hereafter referred to as Police Forces) within England to undertake various work related activities that could impact on a range of protected species and their habitats.

It permits Police Forces to investigate an offence without breaching wildlife law. This applies to offences in relation to both wildlife and other crime. Only officers or employees of Police Forces within England are entitled to use this licence. An individual from each Force must register to use this licence - normally this would be the Wildlife Crime Officer (or equivalent) for that Force. Thereafter, other Police Officers and staff within that Force may be authorised to use this licence by the registered person.

Registration: one individual (see above) from each Force must first apply to Natural England to be registered. The registration process is explained in Information and Advice notes a - c.

Recording and reporting: there are data recording and annual reporting requirements for all Registered Persons.

Reference: WML – CL30.

Legislation

Statute(s): The Protection of Badgers Act 1992 (‘the 1992 Act’) Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’) Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’).

Section(s): This licence is issued under section 10(1)(a) and (f) of the 1992 Act.

Sections 16(3)(a) and (f), 16(5) of the 1981 Act; and regulation 55(2)(a), (c) and (e) of the Habitats Regulations being satisfied that as regards the purposes specified in this licence that there is no satisfactory alternative and that the actions authorised will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: All counties of England (landward of the mean low water mark).

What this licence permits

Carry out the activities detailed in Annexes:

• Annex A: to interfere with badger setts
• Annex B: to disturb and take European protected species
• Annex C: to disturb and take any wildlife listed in schedules 1, 5 and 8 of the Wildlife & Countryside Act 1981
• Annex D: to possess and move dead specimens of any species mentioned above and species listed on Annex IIb (plants) and IV (animals) of the Habitats Directive

This licence is subject to the licence conditions specified below and the Annex licence conditions specified in the Annexes listed above.

Who can use this licence

This licence can only be used by Registered Persons* Authorised Persons* and Assistants* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or

• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

Definitions used in this licence

“Registered Person” is an officer or employee of a Police Force in England who has registered with Natural England to use this licence. This person will normally be the wildlife crime lead for example, Wildlife Crime Officer, or equivalent for their Force, but is not restricted to them.

“Authorised Person” is a person who is an officer or employee of the same Force as the Registered Person and whom is authorised by the Registered Person to use this licence.

“Officer or employee” means persons who are serving as fully warranted Police Officers, Police Community Support Officers, Special Constables but may also be civilian staff (such as those operating as Police staff wildlife crime officers / Investigative Support Officers or crime scene investigators).

“Assistant” is a person assisting the Registered Person, such as an ecological consultant or a person with recognised specialist knowledge. Assistants are only authorised to act under this licence whilst they are under the direct on site supervision of the Registered Person or an Authorised Person.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence and conditions

Eligibility to use this licence

1. The following people are authorised to use this licence whilst acting in the execution of their duties whilst at work:
   
   i. Registered Persons (see Information and Advice notes a - c for registration procedures and Definitions)
   
   ii. Authorised Persons (see Definitions)
   
   iii. Assistants acting under the direct supervision of a Registered or Authorised Person (see Definitions)
   
   
2. All persons using this licence must be appropriately trained and possess appropriate knowledge and experience relevant to the activity being undertaken as set out in Appendix 1.
   
   
3. It is the responsibility of the Registered Person to ensure they and their Authorised Persons and Assistants fulfil the training requirements set out in Appendix 1.
   
   
4. Registered and Authorised Persons engaged in activity under this licence shall, at all times, carry an identification or warrant card and have access to a copy of this licence and produce it on demand to any Natural England officer.
   
   
5. Each person operating under this licence is responsible for the activities they undertake under this licence, including activities carried out by their Assistants.
   
   Using the licence
   
   
6. All relevant animal welfare legislation must be complied with at all times (see Information and Advice note f and the relevant Annexes). It is the responsibility of the Registered Person that they and others using this licence use appropriate equipment (such as, trap or net) and to ensure they are competent to use such equipment.
   
   
7. Any Registered or Authorised Person and their Assistants shall permit an officer of Natural England, accompanied by such persons as he/she considers necessary for the purpose, reasonable access to work being undertaken for monitoring purposes and to be present during any operations carried out under the authority of this licence for the purpose of ascertaining whether the conditions of this licence are being, or have been, complied with. The authorised personnel shall give all reasonable assistance to the officer of Natural England and any persons accompanying him/her.
   
   Recording and reporting requirements
   
   
8. The Registered Person must maintain a record, which must be kept for at least 24 months beyond the expiry date of this licence, in accordance with the requirements of each Annex. Records are to be made available for inspection at any reasonable time by Natural England.
   
   
9. The Registered Person must comply with the reporting requirements specified in each Annex. Reports, including ‘nil’ returns, must be submitted for the period 1 January to 31 December by no later than 31 January each year (see Information and Advice notes g - h).
   
   
10. Authorised Persons must supply the Registered Person with the information required to complete the licence return.
    
    Licence compliance
    
    
11. Natural England must be informed of all breaches to this licence within two working days of the breach becoming apparent. Unless advised otherwise, the Registered Person must take the necessary steps to address any breaches or poor practice identified as quickly as possible.
12. Natural England must be notified within 5 working days if, on your site, you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

Only report birds that have died by unknown causes, not by licensed action.

Notify Natural England by emailing wildlife@naturalengland.org.uk

You should also report dead wild birds to the Department for Environment, Food and Rural Affairs. See the avian influenza advice note.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the 1992 Act or Habitats Regulations, or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the 1981 Act, the 1992 Act and the Habitats Regulations is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996.

Breaching a condition of a licence issued under the 1981 Act is not in itself an offence but doing so may mean that the licence cannot be relied upon and an offence could therefore be committed. If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

This licence is not a consent for the purposes of Part II of the Wildlife and Countryside Act 1981 (as amended) in respect to SSSIs. It is your responsibility to get consent or assent if required before this licence can be used on any SSSI. See Advice (o - q) for further information.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

Avian influenza

Avian influenza (bird flu) is a notifiable animal disease. You should use the online service to report dead wild birds if you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

Coronavirus - Best practice

To avoid transmitting COVID-19 from people to wild mammals, you should: stay at least 2 metres from live wild mammals at all times; only capture or handle live wild mammals if necessary and avoid going within 2 metres of known breeding or regularly used resting sites of mammals. If you cannot follow these guidelines, then you should minimise the time spent in close proximity and handling mammals; limit the number of people that come into close proximity or handle mammals, and keep animals separate from other individuals as far as possible.

Persons acting under this licence should follow good hygiene practices, including wearing of disposable gloves, or clean and disinfected non-disposable gloves; wearing a face covering when handling and in close proximity to any mammal;, and washing hands before and after close proximity or handling of any mammal. Face coverings, non-disposable gloves and overalls or other clothing should be washed / disinfected between uses when handling mammals.

You should not carry out activities under this licence if you feel unwell, test positive for COVID-19 or live with someone who has or might have COVID-19.

Any products used to clean and disinfect equipment should be safe for use where there could be contact with animals and used at an effective and safe dilution rate. ‘Safe4’ is considered to be an appropriate disinfectant for this purpose and is considered effective against the virus at a dilution of 1:50. Other products can be used to clean and disinfect equipment.

Registering to use this licence

a. Only Registered Persons, or persons authorised or supervised by a Registered Person (see Condition 1), may act under this licence. Anyone seeking to become a Registered Person must apply to Natural England.

b. Anyone seeking to become a Registered Person must submit in writing (preferably by email) the following details to Natural England Wildlife Licensing (contact detail below) giving their name, contact address, telephone number, email address, role within their Force and the name of the Police Force they work for. Police officers should also provide their ‘collar number’.

c. Anyone seeking to confirm whether a person is registered to use this licence should contact Natural England Wildlife Licensing (contact details below).

Compliance and enforcement

d. The Registered Person is expected to monitor their Forces’ own compliance with the licence and to take action in the event that poor practice and/or non-compliance is identified. A person may be barred from using this licence by Natural England, for example, if that person breaches the conditions of this licence. In these circumstances Natural England will notify the Registered Person. Offences regarding breaches of the conditions of this Licence can be subject to enforcement action.

General welfare considerations

e. Persons acting under this licence may photograph any protected species named in this licence in connection with licensed work provided that this causes no additional disturbance or any other harm.

f. Persons acting under a licence should have regard to legislation and good practice relevant to the action(s) undertaken, including animal welfare and the Animal Welfare Act 2006 (2006 Act). It is an offence to cause any unnecessary suffering to an animal (including birds) under the control of man (section 4 of the 2006 Act). This applies to the humane dispatch of captured animals and the treatment of animals held in traps or nets, including decoy birds and non-target animals. For advice on the relevance of the 2006 Act to wildlife management please refer to the Natural England leaflet The Animal Welfare Act 2006: what it means for wildlife.

Reporting

g. A single consolidated report of actions taken under this licence should be compiled by the Registered Person. These reports should be emailed to Natural England Wildlife Licensing, but they may also be posted (please mark ‘Licence Returns’ (contact details below)).

h. Where several staff attend the same incident it is not necessary for each to report on the use of this licence. In such cases a single authorised member of staff may be the lead person for that use of the licence and a single report submitted for that incident.

Information and advice for all class and general licences

General information

i. Ordinarily, licences will be reissued on 1 January each year ( you do not need to re-register for those with registration requirements). Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

j. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

k. The common name or names of species given in this licence and annexes of this licence are included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

l. Licences permit action only for the purposes specified on that licence.

m. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

n. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Protected sites

o. You can search for and view details about all SSSIs by using Natural England’s Designated Sites system. The notification documents for each SSSI contain a list of operations that require Natural England’s prior consent. Owners and occupiers of land notified as SSSIs are required to give written notice to Natural England before either beginning any of these operations, or allowing someone else to carry out those operations. SSSI consent can only be given to a SSSI owner or occupier. It may be given with or without conditions, or in some cases, consent may not be granted. A similar process applies to public bodies and statutory undertakers (as defined under Section 28G of the Wildlife and Countryside Act 1981 (as amended)) and this obligation applies even where the operations are carried out on land outside of the SSSI.

p. Please note that as the licensee you will not be able to undertake the licensed activity on a SSSI until the owner or occupier of the SSSI has applied for, and received, Natural England’s written SSSI consent. If you do so, you may be at risk of committing an offence. As the licensee, if you wish to exercise this licence on a SSSI you must contact the relevant owners or occupiers of the SSSI and ensure they give written notice to Natural England of their proposal to permit you to carry out licensed activity on their SSSI. You should wait until a SSSI consent decision has been received by the SSSI owner/occupier before you begin to exercise this licence on a SSSI. See GOV.UK for further information on how to get SSSI consent from Natural England.

q. In considering whether to issue consent or assent for activities likely to affect a SSSI that is a European Site, in other words a Special Protection Area (SPA) or Special Area of Conservation (SAC), Natural England will carry out a Habitats Regulations Assessment, as required by the Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’) to ensure there will be no adverse effects on the European Site.

Using and sharing your information

r. There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: wildlife@naturalengland.org.uk

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service.

Telephone: 0300 060 3900

Email: enquiries@naturalengland.org.uk

WML-CL30 (version January 2024)