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Conservation of Seals Act 1970

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11 Entry upon land.E+W+S

(1)The Secretary of State may, after consultation with [F1UKRI] , authorise in writing any person to enter upon any land for the purpose of—

(a)obtaining information relating to seals for the purpose of any of the functions of the Secretary of State under this Act;

(b)killing or taking seals for the purpose of preventing damage to fisheries by seals.

(2)Any such authorisation shall specify—

(a)the land to be entered upon;

(b)the period, not exceeding 8 weeks, during which the power of entry upon the land may be exercised;

(c)the purpose of the entry;

(d)the number, species and age of seals that may be killed or taken where the purpose of the entry is to prevent damage to fisheries by seals.

(3)Any such authorisation may impose other conditions on the exercise by the person authorised of the power of entry or the manner of giving effect to the authorisation.

(4)The Secretary of State shall give not less than 48 hours’ notice, or in the case of an authorisation to enter upon land for the purpose of killing or taking seals not less than 28 days’ notice, to the occupier of any land of his intention to issue an authorisation and of the purpose of the authorisation; and in the case of an authorisation to enter upon land for the purpose of killing or taking seals the Secretary of State shall have regard to any representations that might be made by the occupier and shall not issue the authorisation if before the expiration of the notice the occupier satisfies the Secretary of State that he has killed or taken the number of seals which the Secretary of State proposes to specify in the authorisation.

(5)Any seals killed or taken by a person authorised under this section to enter upon land shall belong to the Secretary of State and may be disposed of as the Secretary of State thinks fit.

(6)Any person authorised under this section to enter upon any land shall, if required by the occupier of that land, produce his authority and may take with him upon that land such other persons as may be necessary.

(7)If any person wilfully obstructs any person authorised by the Secretary of State exercising a power of entry under this section, he shall be guilty of an offence.

(8)Any reference in this section to the Secretary of State shall, in relation to England and Wales, be deemed to include a reference to the Minister of Agriculture, Fisheries and Food and any reference to land shall include land covered by water.

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Amendments (Textual)

F1Word in s. 11(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 7(2)(c); S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

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