Section 10 Licences.E1

for scientific or educational purposes or for the conservation of badgers—

for the purpose of any zoological gardens or collection specified in the licence, to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified;

for the purpose of ringing and marking, to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence;

for the purpose of any development as defined in section 55(1) of the M1Town and Country Planning Act 1990 or, as respects Scotland, F2section 26(1) of the Town and Country Planning (Scotland) Act 1997, F3to kill or take badgers in England, or to interfere with a badger sett, within an area specified in the licence by any means so specified;

for the purpose of the preservation, or archaeological investigation, of a monument scheduled under section 1 of the M2Ancient Monuments and Archaeological Areas Act 1979 F4or section 3 of the Historic Environment (Wales) Act 2023, to interfere with a badger sett within an area specified in the licence by any means so specified;

for the purpose of investigating whether any offence has been committed or gathering evidence in connection with proceedings before any court, to interfere with a badger sett within an area specified in the licence by any means so specified;

in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.

for the purpose of preventing the spread of disease, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;

for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;

for the purpose of any agricultural or forestry operation, to interfere with a badger sett within an area specified in the licence by any means so specified;

for the purpose of any operation (whether by virtue of the M3Land Drainage Act 1991 or otherwise) to maintain or improve any existing watercourse or drainage works, or to construct new works required for the drainage of any land, including works for the purpose of defence against sea water or tidal water, F7to kill or take badgers in England, or to interfere with a badger sett, within an area specified in the licence by any means so specified.

in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.

in England, F13Natural England;

in Wales, F14the Natural Resources Body for Wales.

in England, the F15Secretary of State; and

in Wales or in Scotland, the Secretary of State.

may be, to any degree, general or specific;

may be granted either to persons of a class or to a particular person;

may be modified at any time by the authority by whom it was granted;

is to be valid for the period specified in the licence.

that there is no other satisfactory solution, and

that the grant of the licence is not detrimental to the survival of any population of badgers.

the act alleged to constitute the offence was done under the authority of a licence granted under subsection (2)(a) above; and

any conditions specified in the licence were complied with.