159ALiability of landholder for certain harming and picking offences

#### 159A Liability of landholder for certain harming and picking offences 159A Liability of landholder for certain harming and picking offences > In any criminal proceedings for an offence under section 98 or Part 8A, the landholder of any land on which the offence is alleged to have occurred is taken to have carried out the activity constituting the alleged offence unless it is established that— > > > (a) the activity was carried out by another person, and > > > (b) the landholder did not cause or permit the other person to carry out the activity. > > This section does not prevent proceedings being taken against the person who actually carried out the activity. > > **s 159A:** Ins 2004 No 88, Sch 3.1 \[9\].