Biodiversity Conservation Act 2016

A biodiversity conservation licence may be granted unconditionally or subject to such conditions as are specified or referred to in the licence or as are prescribed by the regulations.

The conditions that may be imposed on a biodiversity conservation licence include—

minimum standards relating to the humane treatment of animals (including minimum standards relating to the accommodation, care, rescue, rehabilitation, release or killing of animals), or

the places at which animals are to be kept, or

the keeping of records, or

conditions on any other matter that the Environment Agency Head considers appropriate in the circumstances.

The variation of a biodiversity conservation licence under section 2.13 includes the addition, removal or amendment of a condition of the licence (other than a condition prescribed by the regulations).

A person who contravenes a condition of a biodiversity conservation licence is guilty of an offence.

in the case of a contravention that relates to an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or

in the case of a contravention that relates to an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or

in any other case—Tier 4 monetary penalty.

A defence to a prosecution for an offence under Division 1 extends to a prosecution for an offence under subsection (4).

A person cannot be convicted of both an offence under subsection (4) and an offence under Division 1 in respect of the same act or omission because the defence for an offence under Division 1 provided by the biodiversity conservation licence is not available as a result of the contravention of the condition of the licence.