1Close seasons

1

The Game Preservation Act (Northern Ireland) 1928 (c. 25) (referred to in this Act as “the 1928 Act”) shall be amended as follows.

2

In section 7(1) (periods during which it is unlawful to take, kill or destroy game)—

a

after paragraph (b) there shall be inserted—

bb

any partridge or snipe during the period commencing on 1st February in any year and ending with 31st August next following;

b

in paragraph (c) for “game-bird other than a grouse” there shall be substituted “ other game-bird ”.

3

In section 7 for subsection (3) (power to vary certain periods) there shall be substituted—

3

The Minister of the Environment (in this Act referred to as “the Minister”) may by order—

a

amend subsection (1) so as to vary the close season in relation to any kind of game; or

b

amend subsection (2) so as to vary the period referred to in that subsection.

4

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In section 7F(2) (temporary nature of orders of the Minister) after “under this Act” there shall be inserted “ (except one made under section 7(3)) ”.

2Protection of game and rabbits

1

For section 7A of the 1928 Act there shall be substituted—

7AProtection of game and rabbits

1

Any person who kills, takes or destroys any game—

a

on a Sunday; or

b

during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day,

shall be guilty of an offence under this Act.

2

Any person who—

a

at any time kills, takes or destroys any rabbit by means of a firearm on any land; and

b

is not an authorised person in relation to that land,

shall be guilty of an offence under this Act.

3

Subsection (2) does not apply in relation to the killing, taking or destroying of any rabbit in pursuance of any power conferred by or under—

a

the Forestry Act (Northern Ireland) 1953 (c. 2); or

b

the Diseases of Animals (Northern Ireland) Order 1981 (NI 22).

4

For the purposes of subsection (2) a person is an authorised person in relation to any land if he is, or is authorised by—

a

the owner or occupier of the land; or

b

a person who has a right of shooting on the land.

2

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In the Ground Game Act 1880 (c. 47) (right of occupier to kill and take hares and rabbits)—

a

in section 1, in subsection (1)—

i

for the words “duly authorised by him in writing” there shall be substituted “ authorised by him ”; and

ii

paragraphs (a), (b) and (c) shall be omitted;

b

in section 1, subsection (3) shall be omitted; and

c

section 10 shall be omitted.

5

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subs. (6)—Repeals

3Orders under the 1928 Act

In section 7F of the 1928 Act for subsection (4) (orders under that Act to be published) there shall be substituted—

4

Orders made by the Minister under this Act shall be subject to negative resolution.

4Short title and commencement

1

This Act may be cited as the Game Preservation (Amendment) Act (Northern Ireland) 2002.

2

Sections 1 and 2 shall come into operation on such day or days as the Department of the Environment may by order appointF5.