The Wildlife (Northern Ireland) Order 1985

Power to grant licences for purposes of Article 19 N.I.

21.—(1) Article 19 does not apply to anything done—

(a) for scientific or educational purposes; or

(b) for the purpose of removing deer from one area to another,

if it is done under and in accordance with the terms of a licence issued by the Department.

[F1 (2) Article 19(1) does not apply to anything done for the purpose of—

(a) preserving public health or public safety,

(b) conserving the natural heritage, or

(c) preventing serious damage to property,

if it is done under and in accordance with the terms of a licence issued by the Department.

(3) Before granting a licence under paragraph (2) in relation to any land the Department must be satisfied that—

(a) in the case of a licence required for the purpose of preserving public health or public safety, there is a serious risk of deer of the species and description to which the application relates putting public health or public safety at risk;

(b) in the case of a licence required for the purpose of conserving the natural heritage, there is a serious risk of deer of the species and description to which the application relates causing deterioration of the natural heritage;

(c) in the case of a licence required for the purpose of preventing serious damage to property, property on the land has been seriously damaged in the year preceding the licence application;

(d) to achieve the purpose in question there is no satisfactory alternative to taking and killing the deer of the species and description to which the application relates during the close season prescribed by Schedule 10; and

(e) the applicant has a right of entry to the land for the purpose of taking or killing deer under the licence.

(4) A licence under this Article must state—

(a) the purpose for which it is granted;

(b) the land to which it relates;

(c) the species and descriptions of deer to which it relates;

(d) the period, not exceeding two years, for which it is valid; and

(e) in the case of a licence under paragraph (2), the method by which the licensee may take or kill deer.

(5) A licence under this Article—

(a) may be subject to compliance with any specified conditions; and

(b) may be modified or revoked at any time by the Department.

(6) The Department may charge fees for the consideration of applications for licences under this Article.

(7) In this Article “the natural heritage” means flora and fauna, geological or physiographical features or the natural beauty and amenity of the countryside.]

F1 Art. 21(2)-(7) substituted (17.8.2011) for art. 21(2) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), ss. 18, 40(1); S.R. 2011/285, art. 2, Sch.