The Act – Commentary on Sections Part 2 – Wildlife under the 1981 Act Snares: duty to inspect etc. - inserted section 11B of the 1981 Act
85.Section 11B of the 1981 Act moves the requirements in relation to animals caught in snares from section 11(3) to (3B) of the 1981 Act but does not alter their effect.
86.Subsection (1) requires a person who sets a snare to ensure that it is inspected at least every 24 hours to see whether there is an animal caught in the snare, and whether the snare is free-running (as defined in subsection (4)). If an animal is found to be caught then it must be released or removed. If the snare is found not to be free-running then it must be removed or mended to make it free-running.
87.Subsection (3) provides that it is an offence to fail to comply with these requirement.
88.The requirements in relation to whether the snare is free-running re-enact with modifications article 2 of the Snares Order.