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DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 7B

Powers of entry etc. in connection with section 7A.

7B.(1) In relation to any disease to which section 7A applies the following
persons are authorised officers for the purposes of this section, namely

(a)an officer of the Department;

(b)a veterinary inspector; and

(c)any person who, not being such an officer or inspector, is authorised by
the Department to exercise the powers conferred by this section.

(2) Where an authorised officer has reasonable grounds for suspecting, in the
case of any area, that there exists among the wild members of any species in
the area a disease to which section 7A applies, he may enter any land in the
area and

(a)take samples of the wild members of that species or of their excreta, or of
any materials (whether or not forming part of the land) with which wild
members of that species may have been in contact;

(b)carry out any other investigations which he considers necessary for the
purpose of determining, as regards that species and that disease, whether an
order under section 7A should be made in respect of the whole or part of the
area in question.

(3) An authorised officer may at any time enter any land in the area to which
an order under section 7A applies for any of the following purposes, namely

(a)to carry out the destruction of any wild members of a species to which the
order relates that may be on that land;

(b)to take any such measures as are mentioned in sub-section (7) of that
section;

(c)to ascertain, as regards any wild members of a species to which the order
relates, whether destruction has been effectively carried out.

(4) Where in pursuance of an order under section 7A destruction of wild
members of any species to which the order relates has been carried out on any
land in the area to which the order applies, then, for the purpose of
ascertaining

(a)whether the land has been or is being recolonised by wild members of that
species and, if so,

(b)whether there exists among them the disease to which the order applies (or,
if the order has been revoked, to which it previously applied),

(5) Nothing in this section shall authorise any person to enter a
dwelling-house.

(6) A person entering any land in the exercise of powers conferred on him by
this section shall, if so required by the owner or occupier or person in
charge of the land

(a)produce to him some duly authenticated document showing his authority; and

(b)state in writing his reasons for entering.

(7) Without prejudice to sub-section (6), an authorised officer

(a)shall not demand admission as of right to any land forming part of a nature
reserve (within the meaning of section 11 of the Amenity Lands Act (Northern
Ireland) 1965) maintained or managed by the Department of the Environment
under the said Act unless seven days' notice of the intended entry has been
given to that Department; and

(b)in exercising any of his powers under sub-section (2), (3) or (4) on any
such land shall, as far as possible, do so in accordance with such reasonable
requirements for minimising damage to flora, fauna or geological or
physiographical features within the reserve as may have been notified by the
Department of the Environment to the Department.

(8) The preceding provisions of this section are without prejudice to any
powers conferred on inspectors or others by or by virtue of any other
provisions of the Act.]

© 1958 Crown Copyright

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