175.Section 30 of the Act modifies section 18 of the 1996 Act. Section 18 makes it an offence to take or kill deer at night (between the expiration of the first hour after sunset and the commencement of the last hour before sunrise), but also sets up the ability for the activity to be authorised by SNH in particular circumstances. It also makes associated changes to a definition in section 45.
176.Section 30(2) makes changes to section 18. Subsection (2)(a) updates a reference to subsection numbering so that it refers to the correct range of subsections. Subsection (2)(b) substitutes the existing subsection (2) for new subsections (2) to (5). The new subsection (2) largely replicates existing subsection (2)’s power for SNH to authorise the taking or killing deer at night. However, it adds owners to the list of people, alongside occupiers and those nominated in writing, to those who may be authorised to take or kill deer at night. Under new subsection (3), a person who has been authorised by SNH to take or kill deer at night must not exercise that authorisation unless they are satisfied that a ground in either section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) applies. Consequently, a person will commit an offence under subsection (1) if they have an authorisation but they then carry out the activity in circumstances where a ground for intervention does not apply. There is no longer any reference in the conditions to specific types of land on which taking or killing deer at night may be done. New subsection (4) replicates the remainder of the original subsection (2), that subsection (2) and (3) apply notwithstanding anything in any agreement between an owner and occupier of land. Finally, subsection (5) permits SNH to authorise any person to take or kill deer at night for any scientific purpose.
177.Section 30(3) amends the definition of “animal foodstuffs” in section 45 of the 1996 Act to remove the reference to section 18(2), given that the concept of animal foodstuffs no longer appears in the section.
The Act Authorisations for particular activities Section 30 – Authorisation for taking or killing deer at night