A reminder about legislation contained in the Deer Act

Posted 25/02/2014

Some landowners experience issues with crop damage caused by wild deer who roam on and off their land. The rules surrounding what action can be taken are complex, and it is important to look at each situation on its own merits to ensure that the action taken is within the law.

The legislation which covers this issue is contained in the Deer Act 1991. There are specific rules concerning the shooting of deer on your own land. These rules refer to wild deer rather than a bespoke herd – i.e. a deer that is not contained within a deer proof enclosure and which is not distinctively marked (such as by an ear tag). 

Only the landowner or occupier or someone with written permission from the landowner or occupier has the right to take or kill a deer on their own land and there are strict guidelines as to how and when this can happen.

For example, it is generally an offence for anyone to shoot deer within a close season – these seasons vary depending on the species of deer. A landowner or occupier, or someone with written permission from the owner/occupier to take or kill deer, may kill deer within a close season only under very specific conditions.

Further guidelines and information can be obtained from The British Deer Society, or the Game and Wildlife Conservation Trust, but if you have any questions or concerns about this issue, please contact a member of our Agriculture & Estates team headed by Jonathan Long.