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Pests Act 1954 Rabbit damage

By Bradley Robertson,2014-02-09 23:33
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Pests Act 1954 Rabbit damage

Agriculture Act 1947 and Pests Act 1954

    Control of Rabbits - Complaint form

Complaints about rabbit damage Wildlife Licensing Unit ; This form should be used if you are suffering significant crop damage (e.g. Natural England agriculture, horticulture or forestry) that is caused by rabbits coming from First Floor neighbouring land, and your neighbour is refusing to control them. Temple Quay House ; Please complete this form clearly using dark ink. Alternatively you can complete this 2 The Square form online and email it to us. Bristol, BS1 6EB. ; All questions must be answered and the form sent to Natural England at the address Tel: 0845 601 4523 given in the box opposite. Fax: 0845 601 3438 ; If you experience any difficulties completing this form, please contact the Wildlife wildlife@naturalengland.org.Licensing Unit (see opposite) or your local Natural England Wildlife Adviser (details uk from the Wildlife Licensing Unit).

    ; Natural England publishes a number of advisory leaflets on rabbit control.

    o TIN 003 Rabbits,

    o TIN 023 Rabbits: use of fencing to prevent agricultural damage,

    o TIN 024 Rabbits: use of cage-trapping to prevent agricultural damage.

    These are available from the above address or may be downloaded from

    http://www.naturalengland.gov.uk/ourwork/regulation/wildlife/advice/advisoryleaflets.aspx#rabbits

    Responsibilities of occupiers to control rabbits

    ; Section 1 of the Pests Act 1954 places a continuing obligation on occupiers of land in a rabbit clearance area (that

    is, the whole of England and Wales except the City of London, the Isles of Scilly and Skokholm Island), to kill or

    take any wild rabbits living on or resorting to their land, unless they can demonstrate that it is not reasonably

    practicable to do so. In the latter case they have an obligation to prevent the rabbits from causing damage

    elsewhere by, for example, fencing them in with rabbit-proof fencing. These obligations are continuing obligations

    and action to control rabbits should be taken whenever it becomes necessary to do so.

    Enforcement of the obligation to control rabbits

    ; Occupiers who neglect a rabbit infestation on their land which causes serious damage to neighbouring land will be

    reminded of their obligation by Natural England and given reasonable time to put matters right. If this warning is

    ignored, the Secretary of State has discretionary powers, under Section 98 of the Agriculture Act 1947, to serve a

    Notice requiring an occupier to take specified action against the rabbits. If an occupier fails to take the specified

    action he/she would be liable for prosecution. In addition, the Secretary of State can also arrange for a third party

    to carry out the necessary control work on the occupier’s land and then recover the cost of this work from the

    occupier.

1. Your details (complainant)

Title (e.g. Mr, Mrs, Miss) Forename Surname

Business Title (if appropriate)

(b)Address of applicant

County Postcode

Daytime telephone no.(incl. National dialling code) Mobile No.

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    Fax no. Email address

If you would like us to acknowledge receipt of this application, please tick ONE of the following boxes to indicate your

    preferred method: Email Telephone Fax Letter

2. Details of complaint

    Please provide a map showing the location of rabbit damage and harbourage described below

(a) Location of damage

    Please provide full details e.g. address, field or compartment numbers

In relation to this land are you: (please tick as appropriate) The owner The Tenant Other (please state)

(b) Nature and extent of damage

     Please give details including:

    - type of crop and area damaged

    - cost of damage (e.g. yield loss, cost of additional fertiliser or seed)

    - time of year damage occurs

    - length of time the damage has been occurring

    -whether damage is currently

    occurring.

    Continue on a separate sheet as necessary

    Please attach any supporting documentation (e.g. yield data, agronomist’s reports, photographs) as appropriate

(c) Source of rabbits

     Please provide details of where the rabbits causing the damage are harboured (e.g. name of land, postal address, field or

    compartment numbers)

(d) Are there any other causes of

    damage (e.g. other animals,

    disease, poor germination or drainage)?

    If YES, please give details and state what (if any) action you have taken.

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    Section 3: Details of neighbour(s)

a) Please provide the name(s), address(es) and contact details of the owner(s) or occupier(s) of the land where the

    rabbits causing the damage are harboured.

Neighbour 1

Name

    Address

     Postcode Tel No.

Neighbour 2

Name

    Address

     Postcode Tel No.

Neighbour 3

Name

    Address

     Postcode Tel No.

Neighbour 4

Name

    Address

     Postcode Tel No.

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Section 4: Details of action taken by complainant

(a) Have you contacted the neighbour(s) listed above? Yes No

    If YES, please provide details of the contact made with the neighbour(s) including dates and responses. Please provide copies of any correspondence sent and/or received.

    If you answered NO at 4(a) above, please state why you have not made any contact with the neighbour(s). Please note: it is unlikely that a complaint will be taken forward when no attempt has been made to contact the neighbour to resolve the problem.

Section 5: Further information

(a) Do you have rabbits harboured on your land? Yes No

    If YES please provide details of rabbit harbourage and of any action you have taken to control the rabbits harboured on your land.

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    Section 6: Using and sharing Your Information

    The data controller is Natural England, 1 East Parade, Sheffield, S1 2ET.

    Your information will be stored and processed in accordance with the Data Protection Act 1998. This Act gives

    you, as an individual, the right to know what data we hold on you, how we use it, with whom we share it and for it

    to be accurate.

    It will be used for processing your complaint.

    Natural England or its appointed agents may use the name, address and other details on this form to contact you

    in connection with occasional customer research aimed at improving the services that Natural England provides

    to you.

    We will respect personal privacy, whilst complying with access to information requests to the extent necessary to

    enable Natural England to comply with its statutory obligations under the Environmental Information Regulations

    2004, and the Freedom of Information Act 2000.

    If you believe that any of the information we hold concerning you is incorrect or out of date, please provide us with

    the accurate information in writing together with supporting evidence (if appropriate). You should address your

    correspondence to: Wildlife Licensing Unit, Natural England, First Floor, Temple Quay House, 2 The Square,

    Bristol, BS1 6EB. Tel. 0845 601 4523; Fax. 0845 601 3438; Email wildlife@naturalengland.org.uk

Section 7: Declaration

    I have read and understand the guidance provided in this complaint form. I declare that the particulars given are correct to the best of my knowledge and belief, and I make a complaint in accordance with these particulars.

     Signature of complainant

For applications submitted via email, please insert an electronic signature above or tick this box to

    confirm agreement with this declaration

Name (in BLOCK LETTERS)

     Date

What happens now?

    ; If you requested an acknowledgement for your complaint (see page 1 of this form) you will receive this within 5

    working days of receipt by Natural England. Your acknowledgement will provide information on the time that

    Natural England will take to process your complaint and to provide you with a decision.

    ; If we do not consider that the information provided on this form justifies further action by Natural England we will

    write to you explaining why.

    ; If the information provided on the form justifies further action you will be contacted by a Natural England Wildlife

    Adviser who will discuss the problem with you and, if appropriate, arrange to make a site visit with you. During the

    site visit the Wildlife Adviser will make an independent assessment of the damage and the rabbit infestation, and

    will provide advice on rabbit control as appropriate. The Wildlife Adviser will also wish to speak with your

    neighbour(s) and to assess the rabbit infestation on their land. Where possible, a voluntary agreement to solve

    the problem between all parties will be encouraged.

    Please make sure you have:

    ; completed all relevant sections of this form,

    ; attached relevant maps,

    ; attached relevant documents e.g. copies of correspondence,

    ; signed and dated the form

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