Deer fence with deer within England query
- Thread starter GNU
- Start date
308rws
Well-Known Member
Remember, it's a defence NOT a Right: Section 7 "Farmers Defence" Advice please.
Link to section 7, below:
www.legislation.gov.uk
You also need to read subsection (1) of section 2 to get the context.
(Not subsection (2) of section 2. That relates only to farmed deer).
Link to section 2, below:
www.legislation.gov.uk
Deer Act 1991
An Act to consolidate certain enactments relating to deer with amendments to give effect to recommendations of the Law Commission.
(Not subsection (2) of section 2. That relates only to farmed deer).
Link to section 2, below:
Deer Act 1991
An Act to consolidate certain enactments relating to deer with amendments to give effect to recommendations of the Law Commission.
Last edited:
GNU
Well-Known Member
It’s a charity concern, £ does change hands so possibly could fall into the commercial. Fook knows, it’s a grey area to me.
GNU
Well-Known Member
I would agree but it’s all legal guff which I don’t fully understandLink to section 7, below:
You also need to read subsection (1) of section 2 to get the context.Deer Act 1991
An Act to consolidate certain enactments relating to deer with amendments to give effect to recommendations of the Law Commission.
(Not subsection (2) of section 2. That relates only to farmed deer).
Link to section 2, below:
Deer Act 1991
An Act to consolidate certain enactments relating to deer with amendments to give effect to recommendations of the Law Commission.
Ok, to put it in English:I would agree but it’s all legal guff which I don’t fully understand
If the woodland is enclosed,
If damage is being caused by deer,
If the deer you intend to shoot are the deer which are causing the damage,
If shooting the deer would prevent further damage,
If you have the right to shoot deer on that land,
Crack on.
There is nothing in section 7 that implies that it has to be commercial woodland.
Read it for yourself. I posted a link a few posts back.
The key thing is that the woodland is enclosed.
GNU
Well-Known Member
Top banana. Cheers. What if the fence is porous in places regarding deer ingress as I think is the case. Is it still classified as an enclosure? Presumably repairs would need to be carried out prior to in order to comply or is it still classed as a deer fence if not? Your input is much appreciated. Cheers
I'm back in the house now, so looked this up in "Deer: Law & Liabilities" by Parkes and Thornley, the go-to resource for queries of this nature.
I quote from their interpretation of the relevant part of section 7:
"The term 'growing timber' implies any form of woodland or forestry, be it wild, managed or commercial."
I quote from their interpretation of the relevant part of section 7:
"The term 'growing timber' implies any form of woodland or forestry, be it wild, managed or commercial."
The OP describes the existing deer fence as "porous"
But, also on a tangent, for it to classify as "enclosed" as per the law, it need not be deer fenced. An ordinary stock fence, or even a drystone wall, would suffice.
I look after a few plantations that meet this exact description privately owned mixed species.
If grants have been issued there maybe conditions attached that deer, rabbits and hares are to be kept out of the enclosed land so I would say yes that includes out of season.
In your situation I'd walk and repair fence line then completely clear the plantation but I do know for a fact some Roe and Sika can jump deer fences at leasure and yearling Roe will squeeze through badger runs through fence so it's a never ending task.
If grants have been issued there maybe conditions attached that deer, rabbits and hares are to be kept out of the enclosed land so I would say yes that includes out of season.
In your situation I'd walk and repair fence line then completely clear the plantation but I do know for a fact some Roe and Sika can jump deer fences at leasure and yearling Roe will squeeze through badger runs through fence so it's a never ending task.
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