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Version Superseded: 17/08/2011
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There are currently no known outstanding effects for the The Wildlife (Northern Ireland) Order 1985, Section 11.
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11.—(1) Paragraphs (4) and (5) of Article 5 shall apply in relation to Article 10 as if in those paragraphs—
(a)for any reference to Article 4 there were substituted a reference to Article 10; and
(b)for any reference to a wild bird there were substituted a reference to a wild animal.
(2) Subject to paragraph (4), nothing in Article 10(4) shall make unlawful anything done within a dwelling house.
(3) Notwithstanding anything in Article 10, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5—
(a)if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, pasture or any other form of property or to fisheries; and
(b)he notifies the Department immediately after taking such action.
(4) A person shall not be entitled to rely on the defence provided by—
(a)Article 5(5)(c) as applied under paragraph (1), or
(b)paragraph (2),
as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the Department of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.
(5) An authorised person shall not be entitled to rely on the defence provided by paragraph (3) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that paragraph and either—
(a)a licence under Article 18 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or
(b)an application for such a licence had been determined.
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