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
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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
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3
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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
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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.