Commentary on Sections Part 2 – Protection of Forest Trees from Damage Section 8 – Control of animals in forestsSection 9 – Control (with permission of occupier) of animals on land adjacent to forestSection 10 – Control of animals on land adjacent to forests
Sections 8 to 10 are intended to protect forest trees from damage by wild animals. Section 8 allows the occupier, in the event of damage to growing trees by deer or hares (except Irish hares), to cull such animals in their close season.
Section 9 allows the Department to request that occupiers of land adjoining forest take effective measures against wild animals that pose a threat to that forest.  As a further resort, the Department may seek permission to enter the land to take, kill or destroy the animals.
Section 10 is similar, except that it would allow mandatory measures rather than the consensual ones in section 9.  Section 10 will remain dormant, to be used only at such time as a widespread problem will warrant its activation, when it must be laid before the Assembly (section 39).  In both section 9 and section 10, “wild animals” specifically excludes birds, the Irish hare and animals protected by Schedule 5 to the Wildlife (Northern Ireland) Order 1985.