Section 29 Authorisation for taking or killing deer during close seasonsI1

Section 5 of the 1996 Act (close seasons) is modified as follows.

In subsection (5)—

For subsection (6) substitute—

“(6)

Subject to section 37 of this Act, SNH may authorise the owner or occupier of any land or any person nominated in writing by the owner or occupier to take or kill, and to sell or otherwise dispose of, any deer found on that land during the period specified in relation to that sex and species of deer in an order under subsection (1).

(6A)

SNH may not grant an authorisation under subsection (6) unless it is satisfied that—

(a)

a ground set out in section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met, and

(b)

there are no other adequate means of control which might reasonably be adopted in the circumstances.

(6B)

Subsections (6) and (6A) apply notwithstanding anything contained in any agreement between an occupier of the land and the owner.”.

Subsection (8) is repealed.