Forestry Act, 1946

PART V.

Miscellaneous.

Prevention of damage by rabbits and vermin.

58.—(1) Where the Minister is satisfied that trees or tree plants, growing on any land (in this subsection referred to as the planted land), are being, or are likely to be, damaged by rabbits or vermin present on any land (in this subsection referred to as the infested land) in the vicinity of the planted land,—

(a) the Minister may serve on the occupier (if any) of the infested land a notice in writing stating—

(i) that trees or tree plants growing on the planted land are being, or are likely to be, damaged by rabbits or vermin present on the infested land, and

(ii) that, within three months after such service, either—

(A) such rabbits or vermin should be effectively destroyed, or

(B) effective steps should otherwise be taken for the prevention of such damage;

(b) if—

(i) the infested land is unoccupied, or

(ii) the infested land being occupied and a notice under paragraph (a) of this subsection having been served on the occupier thereof, the occupier does not, within three months after such service, either effectively destroy the rabbits or vermin present thereon or otherwise take steps, which are in the opinion of the Minister feasible and effective, for the prevention of damage by the rabbits or vermin to trees or tree plants growing on the planted land,

the Minister may authorise in writing any person to enter on the infested land and kill and take the rabbits or vermin thereon during any specified period, not exceeding twelve months.

(2) Any person entering on land under an authority given by the Minister under this section shall, if so required by the occupier (if any), produce his authority, and, if any person obstructs any person so authorised in the due exercise of his powers or duties under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3) Each of the following shall be vermin for the purposes of this section—

(a) deer,

(b) wild animals (other than hares) likely to damage trees or plants.