61 Person in pursuit of wildlife to comply with demand by authorised officer
  • (1) In any prosecution for an offence against this Act or against any regulations under this Act, proof that any person found in any area where any species of wildlife is usually prevalent had with him or under his control any firearm, net, trap, decoy, or other instrument or device capable of being used for the purpose of hunting or killing any such species shall be evidence from which the court may infer that that person was in pursuit of that species.

    (2) Every such person shall, in any circumstances where a licence under this Act to hunt or kill that species is required, produce his licence to any authorised person demanding its production, and if he fails to do so he commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(1).

    (3) For the purposes of subsection (2) the term authorised person means—

    • (a) any Justice:

    • (b) any ranger:

    • (c) [Repealed]

    • (d) the occupier of the land on which the person is found in pursuit of or in possession of wildlife:

    • (e) any person duly authorised in writing by the Permanent Head of the Department of State or by the local authority controlling the land on which the person is found in pursuit of or in possession of wildlife:

    • (f) any holder of a licence to hunt or kill wildlife issued under this Act:

    • (g) any other person duly authorised in writing by the Director-General.

    (4) In addition to the powers contained in subsection (2) or in section 66, every authorised person as defined in paragraph (b), paragraph (d), or paragraph (e) of subsection (3) may demand production of all or any wildlife (whether alive or dead) and all or any skins, feathers, or eggs of any wildlife in possession of any person referred to in subsection (1), and of all or any nets, traps, firearms, ammunition, boats, vehicles, engines, instruments, appliances, and devices that are being used or are intended to be used or have been used for the purpose of hunting or killing any wildlife or that he reasonably believes to be so being used or to be intended to be so used or to have been so used, and of any bag, container, or other article (including any coat or other similar article of clothing) that is being used for the purpose of carrying any wildlife (whether alive or dead) or that he reasonably believes to have been so used or to be intended to be so used.

    (5) Any authorised person referred to in subsection (4) may exercise in respect of anything produced to him pursuant to that subsection the powers of search and seizure conferred on rangers by section 39.

    (6) Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5) who fails to produce on demand under subsection (4) anything referred to in that subsection.

    Compare: 1921–22 No 57 s 34

    Section 61(2): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 61(3)(c): repealed, on 10 April 1990, by section 83 of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 61(3)(g): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 61(6): amended, on 25 October 2013, by section 24 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

    Section 61(6): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).