Forestry Act, 1946

Other provisions in relation to destruction of hares.

60.—(1) Where the Minister is satisfied that any 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 hares present on any land (in this subsection referred to as the infested land), which is either the planted land or land adjoining the planted land, the following provisions shall have effect:—

(a) the Minister may make an order (in this section referred to as a hares (suspension of restrictions on destruction) order) permitting a specified person, who is either the owner or occupier of the infested land, and also, if the Minister thinks proper, any one or more servants or agents (to be specified by name in the order) of that person to take and destroy hares on the infested land during any specified period, not exceeding six months,

(b) the order shall operate to render it lawful, notwithstanding anything contained in the Game Preservation Act, 1930 (No. 11 of 1930), for the said person and such (if any) of his servants or agents as are so specified by name to take and destroy hares on the infested land by any reasonable means at any time on any day falling within the said specified period.

(2) Where—

(a) 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 hares present on any other land (in this subsection referred to as the infested land) adjoining the planted land, and

(b) either—

(i) the infested land is unoccupied and either the owner thereof is not resident in the State or his address is unknown and not readily ascertainable, or

(ii) a hares (suspension of restrictions on destruction) order having been made, the period specified therein has expired and the persons authorised thereby in that behalf have failed, during the said period, to take steps to take and destroy hares on the infested land which are in the opinion of the Minister satisfactory,

the following provisions shall have effect:—

(I) the Minister may by order authorise any person or persons (each of whom is in this subsection referred to as an authorised person) named in the order to take and destroy hares on the infested land during any specified period, not exceeding twelve months,

(II) the order shall operate to render it lawful for each authorised person, at any time on any day within the said specified period,—

(A) to enter on the infested land, and

(B) notwithstanding anything contained in the Game Preservation Act, 1930 , to take and destroy by any reasonable means hares thereon,

(III) if an authorised person enters on the infested land in exercise of the powers conferred by the order, he shall, if so required by the occupier (if any), produce the order,

(IV) any person who obstructs or interferes with an authorised person exercising the powers conferred by the order, shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3) In this section the word “hares” includes leverets.