Guidance

Terms and conditions for payment for the issue of wildlife licences

Updated 1 October 2021

1. Pursuant to its statutory obligations Natural England is able to provide applicants (an ‘Applicant’) a licence (‘Licence’) under the Wildlife Charges (England) Order 2018 (the ‘Order’), for a particular site, where an applicant intends to carry out certain activities that may otherwise disturb, kill or adversely affect a species in breach of applicable legislation, where certain conditions are, in the opinion of Natural England, demonstrated to be met (the ‘Licensed Activities’).
   
   
2. Any such licence may be granted subject to a fee payment (the ‘Charge’) by the applicant to Natural England in accordance with the Order. Please note that some licences may be exempt from payment of a charge.
   
   
3. Natural England shall assess the applicant’s request for a Licence in accordance with its own established internal procedures, and the applicant:
   
   a. shall ensure that any information it provides to Natural England shall be as complete and accurate as reasonably possible, and either
   
   b. acknowledges and agrees that a completed charge form must be submitted to Natural England before the assessment of the request for a Licence can commence, or
   
   c. (for some fixed price licences, such as class survey licences) the licence fee must be paid by bank card by following the link on the application form
   
   
4. Further information on the applicable charges (and any exemptions), the application process and associated conditions and criteria can be found at https://www.gov.uk/guidance/wildlife-licences.
   
   For all chargeable licences other than class survey licences
   
   
5. On receipt of an application for a Licence and a completed charge form - available from the relevant licencing page listed at https://www.gov.uk/guidance/wildlife-licences (the ‘Charge Form’), Natural England shall consider the charging categories identified by the Applicant and determine the charge in accordance with the Order.
   
   
6. In the event that an applicant fails to provide a completed charge form in accordance with paragraph 5, Natural England may be unable assess the applicant’s request for a licence. In the event a completed charge form is not submitted, an applicant will be contacted by Natural England and informed that their application cannot be assessed and their application will be closed. A new application, including a completed charge form, will then need to be submitted to Natural England in the event an applicant still wishes to receive a licence.
   
   
7. The charge associated with a licence will vary depending upon the specific circumstances of the application. Details of the price ranges applicable to a licence and the factors that will be taken into consideration when determining the final charge are included on the charge form.
   
   
8. The price ranges included on the charge form are indicative only and may vary pending full consideration of any application and processing against applicable licensing criteria. Information provided by the applicant on the charge form shall be evaluated as part of the application process but determination of the charge for the licence shall be solely at the discretion of Natural England. The charge shall be reflective of the costs that Natural England have incurred in evaluating the application and the sums that it is entitled to charge for such licence pursuant to the Order.
   
   Natural England shall use reasonable endeavours to provide regular updates on the charges incurred including in the event that the price range indicated for the charge form is likely to be exceeded and or the factors applicable to the Licence application are likely to result in an increased cost.
   
   For class survey licences
   
   
9. For class survey licences, the application and re-registration / survey return form (available at https://www.gov.uk/government/collections/class-licences-for-wildlife-management) contains questions that enable the customer to determine whether or not they need to pay. If the customer needs to pay, they will be directed on the form to GOV.UK Pay where the applicant must pay by bank card.
   
   For all chargeable wildlife licences
   
   
10. In submitting an application for a licence, the full charge (as determined by Natural England in accordance with paragraph 8) shall become due and payable in the event that the application is successful and a licence is issued.
    For licences where a bank card payment is requested on application, this payment is due with the application. In the event that the application is unsuccessful, Natural England will issue a refund if a payment has already been received by bank card.
    
    
11. If Natural England accept the applicant’s submission and issue a licence pursuant to such application, the charge associated with the grant of such licence shall be payable in full within 28 days of the date an invoice is issued by or on behalf of Natural England. Once the licence has been issued, the charge shall become due and payable notwithstanding whether the applicant chooses to proceed with or carry out the licensed activities that are permitted in accordance with the licence.
    
    
12. If the applicant wishes to cancel or terminate the application for the licence prior to the issue of the licence it must inform Natural England in writing that the application is withdrawn by emailing the relevant email address set out in the annex below prior to the licence being issued. If the email is received prior to issuance of the licence the charge shall not become due and payable or if the applicant paid by bank card, Natural England can issue a refund.
    
    
13. The charge shall be deemed exclusive of VAT or any other relevant tax payable in respect of assessing the application. The applicant agrees to pay any such VAT or other tax in addition to the charge upon receipt of an appropriate invoice.
    
    
14. Natural England reserve the right to revoke any licence granted in the event of non-payment in full or part and to revoke any associated right to carry out the licensed activities. Any such revocation shall require the applicant to make good any damage or loss caused as a result of such failure.
    
    
15. For the avoidance of doubt, failure to pay the charge in full or otherwise, or any other breach of these payment terms shall not relieve the applicant of the requirement to comply with any terms or any conditions set out in any licence. Payment of the charge shall not constitute compliance with the terms of the Licence. Subject to any rights of Natural England to revoke the Licence under clause 13, if granted, the terms of such licence shall continue to be applicable and in full force and effect notwithstanding these terms and conditions. Any such terms or conditions shall be set out within the licence itself and the applicant should familiarise itself with the obligations of that licence independently to these terms and conditions in relation to payment.
    
    
16. Natural England hereby excludes all liabilities, to the fullest extent permitted by law, arising from the applicant’s reliance on any price indication or price range provided by Natural England’s officers pursuant to these terms and conditions or in the event of any decision not to grant a licence or any revocation of a licence as a result of non-payment.
    
    
17. Natural England reserves the right to take such action as it deems fit in the circumstances in relation to the non-payment of any charge.
    
    
18. The applicant acknowledges that Natural England is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) and that Natural England may be obliged to release documents or information associated with an applicant or a licence (whether in application stage or following grant) in response to an FOIA or EIR request including any file notes. Natural England cannot therefore guarantee confidentiality.
    
    
19. If any provision (or part of a provision) of these terms for payment is held to be invalid, unenforceable or illegal, such provision shall be severed and the other provisions will remain in force and effect. Such severance shall not serve to invalidate any conditions pursuant to or set out in the licence.
    
    
20. Any person other than Natural England or the applicant shall not have any rights under or in connection with it by virtue of the contracts (Rights of Third Parties) Act 1999.
    
    
21. Failure to exercise, or any delay in exercising, any right or remedy provided under these terms or by law, shall not constitute a waiver of that (or any other) right or remedy available to Natural England.
    
    
22. Any queries or disputes arising in relation to these terms and conditions, the applicability of any charge or the validity or conditions of any licence should be raised in accordance with Natural England’s complaints procedure.
    
    
23. These terms and any disputes or claims arising out of or in connection with their subject matter shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Annex: contact details

Licence	Email address
A12, A13, A14, A35, A44, A45, A46	EPS.mitigation@naturalengland.org.uk
A28, A29, A30, A31, A34, A38, CL07, CL08, CL09, CL10a, CL10b, CL11, CL17, CL18, CL18, CL19, CL20	wildlife.scicons@naturalengland.org.uk
CL21	batlowimpactcl@naturalengland.org.uk
CL33	gcnlowimpactcl@naturalengland.org.uk
A20, A21, A24, A32, CL31	wildlife@naturalengland.org.uk
CL35	badgerclnotifications@naturalengland.org.uk

September 2021