PART 2PROTECTION OF FOREST TREES FROM DAMAGE

9Control (with permission of occupier) of animals on land adjacent to forest

1

In this section—

  • “land A” means any land falling within section 8(2);

  • “land B” means any land—

    1. a

      which adjoins land A; or

    2. b

      any part of which is within 500 metres of any part of land A.

2

The following provisions apply where the Department is satisfied that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.

3

The Department may serve on the occupier of land B a notice—

a

stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and

b

requesting that the occupier—

i

take effective steps, within 3 months of the date of the service of the notice, to prevent the damage; or

ii

grant permission for an authorised person to enter land B and exercise the powers conferred by subsection (4).

4

An authorised person may with the permission of the occupier take, kill or destroy any wild animals on land B.

5

If land A or land B is unoccupied, subsections (3) and (4) apply with the substitution of references to the owner of that land for references to the occupier.

6

In this section “wild animal” means any animal which is living wild and is likely to damage trees, other than—

a

a bird;

b

the Irish hare;

c

an animal for the time being included in Schedule 5 to the Wildlife (Northern Ireland) Order 1985 (NI 2).