Game Preservation (Amendment) Act (Northern Ireland) 2002

Protection of game and rabbits

2.—(1) For section 7A of the 1928 Act there shall be substituted—

“7A    Protection 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) In section 9 of the Forestry Act (Northern Ireland) 1953 (c. 2) (right of occupier to kill rabbits, hares or deer damaging trees) in subsections (1) and (2) the word “rabbits,”, wherever it occurs, shall be omitted.

(3) In section 10 of that Act (prevention of damage caused by rabbits, etc.) subsection (3) shall be omitted.

(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) In the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c. 11) —

(a) in section 29(3) (persons not required to have game licence) for paragraph (c) there shall be substituted—

“(c) any occupier of any land, or any person authorised by him, engaged in the killing or taking of ground game on that land;”;

(b) in section 35(4) (sale by occupier of ground game killed or taken on his land) for the words from “duly authorised” to the end there shall be substituted “authorised by him to kill and take ground game”;

(c) in section 37(1) (restriction on sales to licensed game dealers) the words “in accordance with the Ground Game Acts” shall be omitted;

(d) in section 41(b) (saving for rights of occupier under Ground Game Acts) for “Acts” there shall be substituted “Act 1880”;

(e) in section 42 (interpretation) the definition of “the Ground Game Acts” shall be omitted.

(6) The statutory provisions set out in the Schedule are repealed to the extent specified in the second column of the Schedule.