Wildlife and Natural Environment (Scotland) Act 2011 - second Commencement Order
Posted: Wednesday 4 January 2012
Wildlife and Natural Environment (Scotland) Act 2011
A second Commencement Order came into force on 1 January 2012 in relation to last year’s Wildlife and Natural Environment (Scotland) Act 2011 (“WANE”).
This is the second WANE Commencement Order, the first having come into force on 29 June 2011.
The new Order brings into force parts of WANE relating to vicarious liability, the close season for hares, the management of deer and snaring law.
Vicarious liability
In essence, the changes here provide that where on (or in relation to any land) a person (A) commits a relevant offence while acting as the employee or agent of a person (B), (B being a person who has a legal right to kill or take a wild bird on the land or who manages or controls the exercise of any such right), B is also guilty of the offence and liable to be proceeded against and punished accordingly.
Liability can also arise in situations where A is providing “relevant services” for B. Relevant services are defined as the management or control of (a) the operation or activity of killing or taking any wild birds; (b) the habitat of any such birds; (c) the presence of predators of any such birds; or (d) the release of birds from captivity for the purpose of their being killed or taken. This is enforceable whether A is providing the services by arrangement between A and B or by arrangement with or as an employee of any other person who is providing or securing the provision of relevant services for B.
In both instances, it will be a defence for B to show that they did not know the offence was being committed by A and that they took all reasonable steps and exercised all due diligence to prevent the offence being committed.
New Close Seasons for Hares
A new close season for brown hares and mountain hares is introduced, as follows:
- February 1 to September 30 for brown hares; and
- March 1 to July 31 for mountain hares.
It will be an offence to intentionally or recklessly kill, take or injure a hare during the close season. The first close seasons for hares will start on February 1 2012 for brown hares and March 1 2012 for mountain hares.
Changes to the Deer (Scotland) Act 1996
The majority of the reforms made to the Deer (Scotland) Act 1996 also came into force on January 1 2012, including measures in relation to deer management and the provision of a Code of Practice on Deer Management.
Snaring Law
The majority of the snaring provisions, which includes reform relating to the setting of snares, the duty to inspect, the keeping of records, and the compulsory training course which operators must successfully complete, came into force on January 1 2012.
The Scottish Government has clarified that the requirement that all snares must be fitted with an ID tag and number is not expected to come into force until the beginning of 2013. The delay is intended to allow those who operate snares time to complete the compulsory training course which is required before an ID number can be issued by the police.
Should you wish to discuss these recent changes in the law in further detail, or indeed if you have any queries in relation to wildlife and the law, please be in touch with Richard Wilson on richard.wilson@morton-fraser.com or 0131 247 1104.
