Prospective

Part 3 S Deer management

Deer management plans, control agreements and control schemes S

14 Grounds for intervention S

(1) After section 6 of the 1996 Act, insert—

“6ZA Grounds for intervention: damage by deer

(1) This section applies if SNH is satisfied that the grounds in both subsections (2) and (3) are met.

(2) This ground is met if, in relation to a particular area of land—

(a) deer or steps taken or not taken for the purposes of deer management have caused, are causing, or are likely to cause—

(i) damage to woodland, to agricultural production, including any crops or foodstuffs, to the welfare of deer or, whether directly or indirectly, to the natural heritage or environment generally,

(ii) damage to public interests of a social, economic or environmental nature, or

(iii) injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise, or

(b) deer have become a danger or a potential danger to public safety.

(3) This ground is met if measures require to be taken in relation to the management of deer—

(a) for the prevention of further such damage or injury,

(b) for the remedying of such damage, or

(c) for the prevention of such danger or potential danger.

6ZB Grounds for intervention: nature restoration

(1) This section applies if SNH is satisfied that the ground in subsection (2) is met.

(2) This ground is met if, in relation to a particular area of land, deer or steps taken or not taken for the purposes of deer management are, or are likely to, prevent or reduce the effectiveness of work, a project or natural process that—

(a) preserves, protects, restores, enhances or otherwise improves the natural heritage or environment, and

(b) is for, or contributes to, a relevant target, strategy or plan relating to the environment, climate change or biodiversity that applies in Scotland.

(3) For the purpose of subsection (2)—

(a) a target is relevant if it is set by, under, or in pursuance of an enactment,

(b) a strategy or plan is relevant if—

(i) it is required by an enactment, or

(ii) it is published by the Scottish Ministers or a public body with functions relating to natural heritage or the environment.”.

(2) In section 45 (interpretation) of the 1996 Act, in subsection (1), after the definition of “deer proof barrier” insert—

• ““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,”.

Commencement Information

I1 S. 14 not in force at Royal Assent, see s. 59(2)