171.Section 29 of the Act modifies section 5 of the 1996 Act. Section 5 makes it an offence to take or kill deer during close seasons, but also sets up the ability for the activity to be authorised by SNH in particular circumstances.
172.Subsection (2) of section 29 updates section 5(5) of the 1996 Act so that it refers to the correct provisions as amended. Subsection (3) of section 29 makes substantive changes by replacing section 5(6) of the 1996 Act with three new subsections: (6), (6A) and (6B).
173.The new subsection (6) largely replicates the existing subsection (6)’s power for SNH to allow owners or occupiers of land (or those nominated in writing by owners or occupiers) to take or kill deer during close season. New subsection (6) does not itself contain the conditions that must be satisfied before the authorisation may be granted. Instead, these are contained in new subsection (6A). Before an authorisation may be granted, SNH must be satisfied that a ground in either section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) applies, and that other methods of control are inadequate. There is no longer any reference in the conditions to specific types of land on which taking or killing deer during close seasons may be done. New subsection (6B) replicates the remainder of the original subsection (6), that subsection (6) applies notwithstanding anything in any agreement between an owner and occupier of land.
174.Subsection (4) of section 29 repeals section 5(8) of the 1996 Act. Section 5(8) stated that authorisations under section 5 may be general or specific and granted to a person or category of persons. However, under the provisions of the Act, section 5 authorisations are to be dealt with through the register established by regulations under section 17A of the 1996 Act.
The Act Authorisations for particular activities Section 29 – Authorisation for taking or killing deer during close seasons