Musk Rats & Noxious Weeds
Destructive Imported Animals Act (Northern Ireland) 1933 gives the Department of Agriculture power to prohibit musk rats and associate species.
The Department may make regulations providing for licences in respect of keeping and importation of musk rats.
Authorised officers of the Department have the power to enter premises where they believe musk rats are being kept or may be found.
An occupier of land who knows that musk rats, which are not kept under a licence, are kept, must give notice to the Department of Agriculture. The Department, if it becomes aware that they are kept without, other than under a licence, may take steps necessary for the destruction of the musk rats.
There are offences for importation or attempted importation of musk rats without a licence, breach of a licence, allowing musk rats to escape, obstruction of officers, etc.
There is an exception in respect of persons who are to keep musk rats for exhibition, scientific, or other exceptional purposes. The Department may, at its discretion, grant a special licence for the same.
The legislation generally may be extended to other destructive non-indigenous animals by order. These general provisions applicable to musk rats may be extended to other animals of a designated species.
The Noxious Weeds (NI) Order 1977 applies to noxious weeds as specified in the Schedule. The Schedule may be amended by the Department of Agriculture from time to time.
The Department may, by regulations, prohibit or restrict the importation and removal into Northern Ireland, or the offering or selling, exposing for sale, or purchasing, of plants or parts of plants which are noxious weeds.
Where an authorised officer is satisfied there are noxious weeds growing on any land, he may serve a notice on the occupier or any person who has a right to its exclusive use, to cut down, remove, or destroy them in the manner specified. He may require them to do or refrain from doing anything for the purpose of preventing the spread of weeds.
If the occupier or person on whom the notice is served fails to comply with it, they shall be guilty of an offence. The Department may enter the land, take the necessary steps, and recover the cost as a debt due.
Authorised officers of the Department have powers of entry at reasonable times for the purpose of enforcing the legislation.
A person guilty of an offence may be liable on summary conviction to a fine not exceeding level 4 on the standard scale. There is provision for liability for continuing offences. A person may only be prosecuted with the consent of the Department.