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Forestry Act (Northern Ireland) 1953

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Version Superseded: 13/09/2010

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9Destruction of rabbits, hares or deer.N.I.

(1)Where any trees are—

(a)growing in any plantation to which this section applies; and

(b)being damaged byF1. . . hares or deer;

the occupier of that plantation may at any time kill, take or destroyF1. . . hares or deer—

(i)

in that plantation; or

(ii)

on any land in his occupation adjoining that plantation.

(2)In any prosecution for killing, taking or destroyingF1. . . hares or deer at a time not permitted by law it shall be a good defence for the person charged to prove that—

(a)he is the occupier of a plantation to which this section applies; and

(b)the trees growing in that plantation are being damaged byF1. . . hares or deer; and

(c)theF1. . . hares or deer were killed, taken or destroyed in that plantation or on any land in his occupation adjoining that plantation.

(3)In this section the expression “plantation” means—

(a)any woodland, of[F2 one hectare] or more in area, used for the production of timber for commercial purposes; and

(b)any nursery land used for rearing young forest trees.

(4)Nothing in this section shall relieve any person from the necessity of complying with the provisions of any enactment for the time being in force relating to game certificates or to gun licences.

F2SR 1978/130

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