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Prevention of damage caused by rabbits and vermin. 10.(1) Where the Ministry is satisfied that trees growing on any land (in this section referred to as "the planted land") are being, or are likely to be, damaged by rabbits or vermin present on any land (in this section referred to as "the infested land") in the vicinity of the planted land, the Ministry may serve on the occupier of the infested land, or if that land is unoccupied on the owner thereof, a notice in writing (a)stating that trees growing on the planted land are being, or are likely to be, damaged by rabbits or vermin present on the infested land; and (b)requesting that, within three months of the service of the notice, effective steps be taken to prevent the damage. (2) If the occupier, or as the case may be the owner of the infested land does not comply with the notice served in accordance with sub-section (1) of this section the Ministry may authorise in writing a person to enter on the infested land and kill, take or destroy the rabbits or vermin thereon during any specified period not exceeding twelve months. (3) In any prosecution for killing any rabbits at any time not permitted by law it shall be a good defence for the person charged to prove that he was acting pursuant to (a)a notice served in accordance with sub-section (1) of this section; or (b)an authorisation given in accordance with sub-section (2) of this section. (4) In this section the expression "vermin" includes any wild animals (other than rabbits, hares or deer) likely to damage trees.
© 1953 Crown Copyright
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