42.—(1) Where F126[serious] damage is being caused by protected wild birds or by protected wild animals to—

(a) F127[food (including human food products and animal feeds)] livestock, poultry or agricultural crops (including vegetables or fruit) either on pasture or on cultivated land,

(b) pen-reared wild birds on any land,

(c) other fauna,

(d) flora,

(e) a woodland or a forest plantation, F128[…]

(f) a fishery,

F129[(g) buildings and other structures and their contents, or

(h) aquaculture installations,]

notwithstanding any other provision of this Act, the Minister may cause to be taken by a person authorised by him in that behalf (who is hereby empowered to take) such steps, including entering on any land and the capture or killing of any such wild bird or any such wild animal, as he thinks appropriate to stop the damage.

F130[(1A) Any person who by act or omission impedes or obstructs a person authorised by the Minister in the lawful exercise of a power conferred by subsection (1) of this section shall be guilty of an offence.]

(2) Where damage described in subsection (1) of this section is being caused, the Minister may, before exercising in relation to the damage the powers conferred on him by subsection (1) of this section, require the person who is the owner or is in occupation of the property being damaged to give to him an indemnity indemnifying the Minister, or any person acting on his behalf, against all claims relating to anything done by or on behalf of the Minister by virtue of the said subsection (1) in relation to the damage.

(3) Where damage described in subsection (1) of this section is being caused, the owner or occupier of the property to which the damage is being caused, or any other person duly authorised by the owner or occupier in that behalf, may apply to the Minister for a permission under this section.

(4) An application to the Minister for a permission under this section shall include particulars of the damage in relation to which the application is made and in case the Minister decides to grant the permission, notwithstanding any other provision of this Act, the permission shall, subject to its terms, operate to enable the owner or occupier, or any other person duly authorised to act on his behalf, to F131[scare,] capture or kill any protected wild bird or any protected wild animal which the owner, occupier or other person reasonably believes is causing the damage and to take such other steps (if any) to stop the damage as are specified in the permission.

(5) An application for a permission under this section may be made to the Minister F132[…] or to any other person who is authorised for the time being by the Minister to receive such applications.

F133[(6) In addition to the foregoing, the following provisions shall apply in relation to a permission granted under this section:

(a) the permission shall be valid only for such period and in relation to such area as are specified therein,

(b) particulars of all protected wild birds and protected wild animals captured or killed pursuant to the permission shall be furnished to the Minister by the person to whom the permission is given at such times and in such form as is specified in the permission,

(c) notwithstanding any other provision of this Act, the Minister may grant the permission subject to conditions which may include one or more of the following:

(i) that any scaring, capture or killing pursuant to the permission is to be effected by a specified means,

(ii) that any wild bird or any wild animal captured or killed pursuant to the permission shall have affixed to it a tag or other mark of identification to be specified by the Minister,

(iii) that any wild bird or any wild animal captured pursuant to the permission shall be removed to a place specified by the Minister for subsequent release or be disposed of in such other manner as may be so specified,

(iv) that any wild bird or any wild animal killed pursuant to the permission shall be removed to a place specified by the Minister or be disposed of in such other manner as may be so specified,

(v) that the total number of any particular species of protected wild bird or protected wild animal captured or killed pursuant to the permission shall be limited to such number as is specified in the permission.]

(7) F134[…]