Wildlife Act 1976

Wildlife Act 1976


Number 39 of 1976


WILDLIFE ACT 1976

REVISED

Updated to 18 July 2018


This revised Act is an administrative consolidation of the Wildlife Act 1976. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Heritage Act 2015 (15/2018), enacted 18 July 2018, and all statutory instruments up to and including Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), made 20 July 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 39 of 1976


WILDLIFE ACT 1976

REVISED

Updated to 18 July 2018


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Wildlife Acts 1976 to 2018 : this Act is one of a group of Acts included in this collective citation ( Heritage Act 2018, s. 1(3)). The Acts in the group are:

Wildlife Act 1976 (39/1976)

Wildlife (Amendment) Act 2000 (38/2000)

Wildlife (Amendment) Act 2010 (19/2010)

Wildlife (Amendment) Act 2012 (29/2012)

Heritage Act 2018 (15/2018), Part 3 (ss. 6-10)

Forestry Acts 1946 to 2009 : this Act is one of a group of Acts included in this collective citation ( Forestry (Amendment) Act 2009, s. 2(2)). The Acts in the group are:

Forestry Act 1946 (13/1946)

Forestry Act 1956 (6/1956)

Wildlife Act 1976 (39/1976), ss. 55 and 63

Forestry Act 1988 (26/1988)

Forestry (Amendment) Act 2009 (40/2009)

This Act is also to be collectively construed with a number of pieces of related legislation. Included in this group are:

European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005)

European Communities (Birds and Natural Habitats) (Restrictions of the Use of Poison Bait) Regulations 2010 (S.I. 481 of 2010)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477 of 2011)

European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. 499 of 2013)

European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015)

Legislation previously collectively construed with this Act but no longer in force include:

European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), other than part IV

Firearms (Temporary Provisions) Act 1998 (32/1998)

European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Heritage Act 2018 (15/2018)

Forestry Act 2014 (31/2014)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Wildlife (Amendment) Act 2012 (29/2012)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Wildlife (Amendment) Act 2010 (19/2010)

Inland Fisheries Act 2010 (10/2010)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2009)

Courts and Court Officers Act 2002 (15/2002)

Wildlife (Amendment) Act 2000 (38/2000)

Firearms (Firearm Certificates For Non-Residents) Act 2000 (20/2000)

Finance Act 1999 (2/1999)

Firearms (Temporary Provisions) Act 1998 (32/1998)

Heritage Act 1995 (4/1995)

Postal and Telecommunications Services Act 1983 (24/1983)

All Acts up to and including Heritage Act 2018 (15/2018), enacted 18 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2011 (S.I. No. 39 of 2011)

Flora (Protection) Order 2015 (S.I. No. 356 of 2015)

European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015)

European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. No. 499 of 2013)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012)

Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2012 (S.I. No. 398 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) (Amendment) Regulations 2011 (S.I. No. 377 of 2011)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2011 (S.I. No. 39 of 2011)

Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010)

Wildlife Act 1976 (Temporary Suspension of Open Season) (No.2) (Amendment) Order 2010 (S.I. No. 598 of 2010)

Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) Order 2010 (S.I. No. 582 of 2010)

European Communities (Birds and Natural Habitats)(Restrictions on use of Poisoned Bait) Regulations 2010 (S.I. No. 481 of 2010)

European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010)

Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010)

Wildlife Act 1976 (Temporary Suspension of Open Season) Order 2010 (S.I. No. 2 of 2010)

Wildlife (Wild Mammals) (Open Seasons) (Amendment) (No. 2) Order 2008 (S.I. No. 346 of 2008)

Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2008 (S.I. No. 27 of 2008)

Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005)

European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005)

Nature Reserve (Fenor Bog) Recognition Order 2004 (S.I. No. 86 of 2004)

Wildlife Act 1976 (Approved Traps, Snares and Nets) Regulations 2003 (S.I. No. 620 of 2003)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002)

Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) Regulations 2001 (S.I. No. 375 of 2001)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2000 (S.I. No. 280 of 2000)

Nature Reserve (Clochar na gCon) Establishment Order 1999 (S.I. No. 310 of 1999)

Flora (Protection) Order 1999 (S.I. No. 94 of 1999)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998)

Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997)

European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997 (S.I. No. 152 of 1997)

European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997)

Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1996 (S.I. No. 220 of 1996)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1996 (S.I. No. 219 of 1996)

Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1995 (S.I. No. 304 of 1995)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1995 (S.I. No. 249 of 1995)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1995 (S.I. No. 61 of 1995)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1994 (S.I. No. 443 of 1994)

Nature Reserve (Cummeragh River Bog) Establishment Order 1994 (S.I. No. 116 of 1994)

Nature Reserve (Knocksink Wood) Establishment Order 1994 (S.I. No. 58 of 1994)

Nature Reserve (Kilcolman Bog) Recognition Order 1993 (S.I. No. 315 of 1993)

Nature Reserve (Kilcolman Bog) Establishment Order 1993 (S.I. No. 314 of 1993)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1993 (S.I. No. 225 of 1993)

Nature Reserve (Scragh Bog) Establishment Order 1992 (S.I. No. 350 of 1992)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1992 (S.I. No. 233 of 1992)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1991 (S.I. No. 268 of 1991)

Refuge For Fauna (Cow Rock) Designation Order 1991 (S.I. No. 237 of 1991)

Refuge For Fauna (Bull Rock) Designation Order 1991 (S.I. No. 236 of 1991)

Nature Reserve (Redwood Bog) Establishment Order 1991 (S.I. No. 173 of 1991)

Nature Reserve (Glengarriff) Establishment Order 1991 (S.I. No. 172 of 1991)

Nature Reserve (Leam West) Establishment Order 1991 (S.I. No. 171 of 1991)

Wildlife Act, 1976 (Protection of Wild Animals) Regulations 1990 (S.I. No. 112 of 1990)

Nature Reserve (Castlemaine Harbour) Establishment Order 1990 (S.I. No. 10 of 1990)

Nature Reserve (Meenachullion) Establishment Order 1990 (S.I. No. 9 of 1990)

Nature Reserve (Balleyteige Burrow) Establishment Order 1990 (S.I. No. 8 of 1990)

Nature Reserve (Sheheree Bog) Recognition Order 1990 (S.I. No. 7 of 1990)

Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1990 (S.I. No. 6 of 1990)

Nature Reserve (Easkey Bog) Establishment Order 1990 (S.I. No. 5 of 1990)

Wildlife Act, 1976, (Control of Importation of Wild Animals and Wild Birds), Regulations 1989 (S.I. No. 296 of 1989)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1989 (S.I. No. 221 of 1989)

Nature Reserve (Derrycunihy Wood) Recognition Order 1989 (S.I. No. 111 of 1989)

Nature Reserve (Derrymore Island) Recognition Order 1989 (S.I. No. 110 of 1989)

Nature Reserve (Tearaght Island) Recognition Order 1989 (S.I. No. 109 of 1989)

Nature Reserve (Tearaght Island) Establishment Order 1989 (S.I. No. 108 of 1989)

Nature Reserve (Knockomagh Wood) Establishment Order. 1989 (S.I. No. 107 of 1989)

Nature Reserve (Tralee Bay) Establishment Order 1989 (S.I. No. 106 of 1989)

Refuge For Fauna (Old Head of Kinsale) Designation Order 1989 (S.I. No. 11 of 1989)

Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1988 (S.I. No. 353 of 1988)

Nature Reserve (Little Skellig) Recognition Order 1988 (S.I. No. 236 of 1988)

Nature Reserve (Great Skellig) Establishment Order 1988 (S.I. No. 235 of 1988)

Nature Reserve (Fiddown Island) Establishment Order 1988 (S.I. No. 234 of 1988)

Nature Reserve (Baldoyle Estuary) Establishment Order 1988 (S.I. No. 233 of 1988)

Nature Reserve (North Bull Island) Recognition Order 1988 (S.I. No. 232 of 1988)

Nature Reserve (North Bull Island) Establishment Order 1988 (S.I. No. 231 of 1988)

Refuge For Fauna (Rockabill Island) Designation Order 1988 (S.I. No. 100 of 1988)

Refuge For Fauna (Horn Head) Designation Order 1988 (S.I. No. 99 of 1988)

Refuge For Fauna (Cliffs of Moher) Designation Order 1988 (S.I. No. 98 of 1988)

Nature Reserve (Lough Nambrackdarrig) Establishment Order 1988 (S.I. No. 73 of 1988)

Nature Reserve (Lough Yganavan) Establishment Order 1988 (S.I. No. 72 of 1988)

Nature Reserve (Rogerstown Estuary) Establishment Order 1988 (S.I. No. 71 of 1988)

Nature Reserve (Derkmore Wood) Establishment Order 1988 (S.I. No. 70 of 1988)

Nature Reserve (Glenealo Valley) Establishment Order 1988 (S.I. No. 69 of 1988)

Nature Reserve (Glendalough) Establishment Order 1988 (S.I. No. 68 of 1988)

Refuge For Fauna (Lady’s Island) Designation Order 1988 (S.I. No. 23 of 1988)

Nature Reserve (Raheenmore Bog) Establishment Order 1987 (S.I. No. 280 of 1987)

Nature Reserve (Ballyteige Burrow) Establishment Order 1987 (S.I. No. 279 of 1987)

Flora (Protection) Order 1987 (S.I. No. 274 of 1987)

Nature Reserve (The Gearagh) Recognition Order 1987 (S.I. No. 231 of 1987)

Nature Reserve (Mongan Bog) Recognition Order 1987 (S.I. No. 230 of 1987)

Nature Reserve (Puffin Island) Recognition Order 1987 (S.I. No. 229 of 1987)

Nature Reserve (Puffin Island) Establishment Order 1987 (S.I. No. 228 of 1987)

Nature Reserve (Lough Barra Bog) Establishment Order 1987 (S.I. No. 227 of 1987)

Nature Reserve (Clara Bog) Establishment Order 1987 (S.I. No. 226 of 1987)

Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 156 of 1987)

Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987)

Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987)

Nature Reserve (Mount Brandon) Establishment Order 1986 (S.I. No. 420 of 1986)

Nature Reserve (Eirk Bog) Establishment Order 1986 (S.I. No. 419 of 1986)

Nature Reserve (Ballyteige) Establishment Order 1986 (S.I. No. 418 of 1986)

Nature Reserve Ballygilgan (Lissadell) Establishment Order 1986 (S.I. No. 417 of 1986)

Nature Reserve (Owenboy) Establishment Order 1986 (S.I. No. 416 of 1986)

Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1986 (S.I. No. 415 of 1986)

Nature Reserve (Pollardstown Fen) Establishment Order 1986 (S.I. No. 414 of 1986)

Nature Reserve (Keelhilla, Slievecarran) Establishment Order, 1986 (S.I. No. 346 of 1986)

Nature Reserve (Ballyarr Wood) Establishment Order 1986 (S.I. No. 345 of 1986)

Nature Reserve (Duntally Wood) Establishment Order 1986 (S.I. No. 344 of 1986)

Nature Reserve (Rathmullan Wood) Establishment Order 1986 (S.I. No. 343 of 1986)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986)

Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1986 (S.I. No. 306 of 1986)

European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986 (S.I. No. 254 of 1986)

European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985)

Nature Reserve (Capel Island and Knockadoon Head) Recognition Order 1985 (S.I. No. 384 of 1985)

Nature Reserve (Timahoe Esker) Establishment Order 1985 (S.I. No. 383 of 1985)

Nature Reserve (Slieve Bloom Mountains) Establishment Order 1985 (S.I. No. 382 of 1985)

Nature Reserve (Capel Island and Knockadoon Head) Establishment Order 1985 (S.I. No. 381 of 1985)

Nature Reserve (Richmond Esker) Establishment Order 1985 (S.I. No. 380 of 1985)

Nature Reserve (Dromore) Establishment Order 1985 (S.I. No. 379 of 1985)

Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1985 (S.I. No. 347 of 1985)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1985 (S.I. No. 346 of 1985)

Wildlife Act, 1976 (Section 27) (No. 2) Order 1985 (S.I. No. 12 of 1985)

Wildlife Act, 1976 (Section 27) Order 1985 (S.I. No. 11 of 1985)

Nature Reserve (Pettigo Plateau) Establishment Order 1984 (S.I. No. 334 of 1984)

Nature Reserve (Oldhead Wood) Establishment Order 1984 (S.I. No. 333 of 1984)

Wildlife (Wild Birds) (Open Season) (Amendment) Order 1984 (S.I. No. 283 of 1984)

Wildlife Act, 1976 (Birds of Prey) Regulations 1984 (S.I. No. 8 of 1984)

Nature Reserve (Coole Garryland) Establishment Order 1983 (S.I. No. 379 of 1983)

Nature Reserve (Ballynastaig Wood) Establishment Order 1983 (S.I. No. 378 of 1983)

Nature Reserve (Pollnaknockaun Wood) Establishment Order 1983 (S.I. No. 377 of 1983)

Nature Reserve (Derrycrag Wood) Establishment Order 1983 (S.I. No. 376 of 1983)

Nature Reserve (Rosturra Wood) Establishment Order 1983 (S.I. No. 375 of 1983)

Nature Reserve (Vale of Clara) Establishment Order 1983 (S.I. No. 374 of 1983)

Nature Reserve (The Raven) Establishment Order 1983 (S.I. No. 200 of 1983)

Nature Reserve (Deputy's Pass) Establishment Order 1982 (S.I. No. 381 of 1982)

Nature Reserve (Uragh Wood) Establishment Order 1982 (S.I. No. 380 of 1982)

Nature Reserve (Coolacurragh Wood) Establishment Order 1982 (S.I. No. 379 of 1982)

Nature Reserve (Grantstown Wood and Granston Lough) Establishment Order 1982 (S.I. No. 378 of 1982)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1982 (S.I. No. 266 of 1982)

Wildlife Act, 1976 (Section 27) (No. 2) Order 1982 (S.I. No. 15 of 1982)

Wildlife Act, 1976 (Section 27) Order 1982 (S.I. No. 3 of 1982)

Nature Reserve (Lough Hyne) Regulations 1981 (S.I. No. 207 of 1981)

Nature Reserve (Lough Hyne) Establishment Order 1981 (S.I. No. 206 of 1981)

Nature Reserve (Wexford Wildfowl Reserve) Establishment Order 1981 (S.I. No. 205 of 1981)

Nature Reserve (Garryrickin) Establishment Order 1980 (S.I. No. 389 of 1980)

Nature Reserve (Kyleadohir) Establishment Order 1980 (S.I. No. 388 of 1980)

Nature Reserve (Caher (Murphy)) Establishment Order 1980 (S.I. No. 387 of 1980)

Nature Reserve (Ballykeefe) Establishment Order 1980 (S.I. No. 386 of 1980)

Flora (Protection) Order 1980 (S.I. No. 338 of 1980)

Wildlife Act, 1976 (Protection of Bullfinches) Regulations 1980 (S.I. No. 283 of 1980)

Wildlife Act 1976 (Protection of Wild Animals) Regulations 1980 (S.I. No. 282 of 1980)

Wildlife Act, 1976 (Section 44) (Recognised Bodies) Regulations 1980 (S.I. No. 233 of 1980)

Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1980 (S.I. No. 229 of 1980)

Nature Reserve (Glen of the Downs) Establishment Order 1980 (S.I. No. 178 of 1980)

Nature Reserve (Derryclare) Establishment Order 1980 (S.I. No. 177 of 1980)

Wildlife Act, 1976 (Control of Export of Fauna) Regulations 1979 (S.I. No. 235 of 1979)

Wildlife (Wild Mammals) (Open Seasons) Order 1979 (S.I. No. 193 of 1979)

Wildlife (Wild Birds) (Open Seasons) Order 1979 (S.I. No. 192 of 1979)

Wildlife (Wild Mammals) (Open Seasons) Order 1978 (S.I. No. 202 of 1978)

Wild Birds (Open Seasons) Order 1978 (S.I. No. 201 of 1978)

Wildlife Advisory Council Order 1978 (S.I. No. 79 of 1978)

Wildlife Act, 1976 (Acquisition of Land) Regulations 1978 (S.I. No. 29 of 1978)

Wildlife Act, 1976 (Section 44) (Recognised Bodies) Regulations 1977 (S.I. No. 335 of 1977)

Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations 1977 (S.I. No. 307 of 1977)

Wildlife Act, 1976 (Wildlife Dealing) Regulations 1977 (S.I. No. 253 of 1977)

Wild Birds (Open Seasons) Order 1977 (S.I. No. 243 of 1977)

Wildlife (Wild Mammals) (Open Seasons) Order 1977 (S.I. No. 240 of 1977)

Wildlife Act, 1976 (Firearms and Ammunition) Regulations 1977 (S.I. No. 239 of 1977)

Wildlife Act, 1976 (Certificate of Peace Commissioner) Regulations 1977 (S.I. No. 210 of 1977)

Wildlife Act, 1976 (Commencement) Order 1977 (S.I. No. 154 of 1977)

Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977)

All statutory instruments up to and including Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), made 20 Jul 18, were considered in the preparation of this revision.


Number 39 of 1976


WILDLIFE ACT 1976

REVISED

Updated to 18 July 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement and collective citation.

2.

Definitions.

3.

Service of notices, etc.

4.

Expenses.

5.

Application of moneys received by Minister.

6.

Gifts.

7.

Reports.

8.

Regulations and orders.

9.

Licences.

10.

Repeals.

PART II

Wildlife Conservation and Protection

Chapter I

General

11.

Functions of Minister in relation to wildlife.

12.

Obligations generally of Ministers of State and certain other authorities and bodies in relation to nature reserves and refuges.

13.

Wildlife Advisory Council.

14.

Establishment of boards to provide or administer certain services.

Chapter II

Reserves and Refuges

15.

Nature reserves on lands owned by the Minister or by the State.

16.

Nature reserves on land other than land to which section 15 applies.

17.

Refuges for fauna.

18.

Agreement as to user and management of land.

Chapter III

Protection of wild birds, protected animals and flora

19.

Protection of wild birds.

20.

Protection of fauna (other than protected wild birds).

21.

Protection of flora.

22.

Enforcement of protection of wild birds.

23.

Enforcement of protection of wild animals (other than wild birds).

23A.

Prohibition on deer hunting with dogs.

24.

Open seasons for certain protected wild birds.

25.

Open seasons for certain wild mammals.

26.

Licences to hunt otters or deer and to hunt or course hares.

27.

Temporary suspension of open seasons.

Chapter IV

Restrictions to protect wildlife

28.

General restriction as regards hunting or killing with firearms certain exempted wild mammals and certain protected wild birds.

29.

Licences to hunt with firearms.

30.

Hunting restricted on or over foreshore belonging to State and certain land so belonging.

31.

Sale, purchase and possession of certain perching birds prohibited.

32.

Ringing and marking, and possession of cannon-nets, etc. restricted.

33.

Restriction on use of certain firearms etc.

34.

Certain use of traps, snares etc. prohibited.

35.

Certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted.

36.

Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.

37.

Hunting by night restricted.

38.

Use of lamps, mirrors etc. in hunting prohibited.

39.

Burning of vegetation near woods or certain other land restricted.

40.

Destruction of vegetation on uncultivated land restricted.

Chapter V

Miscellaneous

41.

Falconry etc.

42.

Damage by wild birds etc.

43.

Land drainage schemes.

44.

Unlawful hunting or entry on land and other miscellaneous matters.

PART III

Regulation and control of wildlife dealing and the transport, import and export of wildlife

45.

Sale, purchase and possession of fauna restricted.

46.

Regulation and control of wildlife dealing.

47.

Prohibition on wildlife dealing without wildlife dealer's licence.

48.

Wildlife dealer’s licence.

49.

Revocation of wildlife dealer’s licence.

50.

Minister may publish list of wildlife dealers or notice of revocation.

51.

Transport of packages etc. containing certain fauna.

52.

Import of fauna and flora.

53.

Export of fauna and flora.

53A.

Regulation of trade in wild flora and fauna and CITES Regulations.

54.

Saver in relation to Customs Acts.

PART IV

Land and Waters

55.

Land purchase orders.

56.

Management etc. of certain land acquired, held or used by the Minister.

57.

State ownership of certain inland waters.

58.

Right to hunt on or over territorial seas of State vested in State.

59.

Regulations permitting and regulating public access to certain land.

60.

Creation of rights of way. (Repealed)

61.

Extinguishment of easements. (Repealed)

PART V

Amendment of Enactments.

62.

Amendment of section 3 of Firearms Act, 1925.

63.

Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946.

64.

Amendment of First Schedule to State Property Act, 1954.

65.

Amendment of Firearms Act, 1964.

66.

Amendment of section 69 of Registration of Title Act, 1964.

67.

Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

PART VI

Miscellaneous

68.

Inspection of land. (Repealed)

69.

Attempts etc. and miscellaneous other offences.

70.

Prosecution of offences.

71.

Onus of proof.

72.

Powers of Garda Síochána and authorised persons.

73.

Search warrants.

74.

Penalties.

74A.

Fixed payment notice.

75.

Power of court to revoke certain certificates and licences and to impose certain disqualifications.

76.

Forfeiture.

77.

Appeal against seizures.

78.

Disposal of things seized.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Provisions which may be Included in an Order under Section 14

THIRD SCHEDULE

Species of Wild Birds Excluded (subject to Section 22 (2)) from Sections 19 and 22

FOURTH SCHEDULE

Fauna Referred to in Section 22 (6) or 23 (8)

PART I

Species of Protected Wild Birds Referred to in Section 22 (6)

PART II

Species of Protected Wild Animals Referred to in Section 23 (8)

FIFTH SCHEDULE

Animals Referred to in Section 23


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 57

Forestry Act, 1946

1946, No. 13

Forestry Act, 1956

1956, No. 6

Factories Act, 1955

1955, No. 10

Foreshore Act, 1933

1933, No. 12

Local Government Act, 1941

1941, No. 23

Greyhound Industry Act, 1958

1958, No. 12

Maritime Jurisdiction Act, 1959

1959, No. 22

Companies Act, 1963

1963, No. 33

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Finance Act, 1895

1895, c. 16

Registration of Title Act, 1964

1964, No. 16

Whale Fisheries Act, 1937

1937, No. 4

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Protection of Animals Act, 1911

1911, c. 27

Noxious Weeds Act, 1936

1936, No. 38

Arterial Drainage Act, 1945

1945, No. 3

Game Preservation Act, 1930

1930, No. 11

Destructive Insects and Pests (Consolidation) Act, 1958

1958, No. 11

Diseases of Animals Act, 1966

1966, No. 6

Health Act, 1947

1947, No. 28

Health Act, 1953

1953, No. 26

Agricultural and Fishery Products (Regulation of Export) Act, 1947

1947, No. 18

Water Supplies Act, 1942

1942, No. 1

State Property Act, 1954

1954, No. 25

Protection of Animals (Amendment) Act, 1965

1965, No. 10

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Superannuation Act, 1859

1859, c. 26


Number 39 of 1976


WILDLIFE ACT 1976

REVISED

Updated to 18 July 2018


AN ACT FOR THE CONSERVATION OF WILDLIFE (INCLUDING GAME) AND FOR THAT PURPOSE TO PROTECT CERTAIN WILD CREATURES AND FLORA, TO ENABLE A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN CHOMHAIRLE UM FHIADHULRA AND IN THE ENGLISH LANGUAGE AS THE WILDLIFE ADVISORY COUNCIL TO BE ESTABLISHED AND TO DEFINE ITS FUNCTIONS, TO ENABLE CERTAIN OTHER BODIES TO BE ESTABLISHED TO PROVIDE OR ADMINISTER CERTAIN SERVICES, TO ENABLE RESERVES AND REFUGES FOR WILDLIFE TO BE ESTABLISHED AND MAINTAINED, TO ENABLE DEALING IN AND MOVEMENT OF WILDLIFE TO BE REGULATED AND CONTROLLED, TO MAKE CERTAIN PROVISIONS RELATING TO LAND, INLAND WATERS AND THE TERRITORIAL SEAS OF THE STATE, TO AMEND CERTAIN ENACTMENTS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [22 nd December, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Wildlife Acts 1976 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 9(10), in effect as per reg. 1(3).

Surveillance and monitoring

9. ...

(10) A person may lawfully do anything authorised by a licence under this Regulation notwithstanding any provision of the Wildlife Acts 1976 to 2010 and for the avoidance of doubt shall not require a licence under those Acts to do anything so authorised.

C2

Functions transferred and references to “Department of the Environment, Heritage and Local Government” and “Minister for the Environment, Heritage and Local Government” construed (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2 and 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note that name of Minister and Department changed to Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011), in effect as per art. 1(2); and to Arts, Heritage, Regional, Rural and Gaeltacht Affairs (7.07.2016) by Arts, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 357 of 2016), in effect as per art. 1(2).

3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—

( a) by or under any of the Acts mentioned in Part 1 of the Schedule,

( b) under the Regulations mentioned in Part 2 of the Schedule, and

( c) to make a recommendation to which section 12(3)( b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)( b)(iv) of that Act applies,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

...

SCHEDULE

Part 1

Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Wildlife Act 1976 (No. 39 of 1976);

C3

Application of collectively cited Forestry Acts 1946 to 1988 restricted (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 46(1), S.I. No. 327 of 1998.

Lopping, cutting or removal of certain trees, etc.

46. (1) Notwithstanding anything contained in the Forestry Acts, 1946 to 1988, the company may lop, cut or remove, or cause to be lopped, cut or removed, any tree, bush, shrub, hedge, plant or other matter growing naturally or with artificial assistance on land in the vicinity of a State airport which, in the opinion of the company, interferes with the operation and development of that airport, or which, following consultation with the Authority, the company considers obstructs or otherwise interferes with the safety or navigation of aircraft using such airport.

...

C4

Application of Act restricted (21.07.1986) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986 (S.I. No. 254 of 1986), reg. 3(1) and schs. 1 and 2, in effect as per reg. 1(2), as amended (26.04.1997) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997 (S.I. No. 152 of 1997), reg. 2, in effect as per reg. 1(2).

3.(1) Notwithstanding the provisions of the Wildlife Act, 1976 (No. 39 of 1976).

( a) where the Minister is of the opinion that a species referred to in the First Schedule to these Regulations—

(i) is a threat to public health or safety,

(ii) is likely to cause serious damage to corps, livestock, fisheries or forestry,

(iii) is likely to cause damage to flora and fauna,

he may declare that for the purpose of preventing disease or injury the said species may be captured or killed in any part of the State or throughout the State by any of the means, arrangements or methods set out in the Second Schedule to these Regulations, during such period or periods specified in the declaration and by the person or persons or class of person or persons specified in the declaration,

( b) where the Minister is of the opinion that a species of wild bird is a threat to air safety he may declare that the said species may be captured or killed in any part of the State or throughout the State by any of the means, arrangements or methods set out in the Second Schedule to these Regulations during such period or periods specified in the declaration and by the person or persons or class of person or persons specified in the declaration.

...

FIRST SCHEDULE.

Carrion Crow.

Hooded (Grey) Crow.

Magpie.

Rook.

Jackdaw.

Starling.

Herring Gull.

Greater Black-backed Gull.

Lesser Black-backed Gull.

[House Sparrow ].

[Pigeon and Dove including Wood Pigeon, Feral Pigeon and Collared Dove but not including Carrier Pigeon, Fan Tailed Pigeon, Homing Pigeon or other domestic types of Rock Dove, Stock Dove, Wild Rock Dove or Turtle Dove ].

SECOND SCHEDULE

Shooting with rifle or shotgun.

Poisoned or anaesthetic bait.

Cage traps with or without live decoys.

Traps, snares or nets approved under the Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations, 1977 ( S.I. No. 307 of 1977).

Editorial Notes:

E1

Certificates of appointment issued under European Communities (Birds and Natural Habitats) Regulations 2011, reg. 4(2)(a) deemed to constitute any consent required by any Minister of Government under Act (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 4(8), in effect as per reg. 1(3).

E2

Power to transfer fishery or fishing rights, acquired by or vested in Minister for Agriculture, Food and the Marine under collectively cited Forestry Acts 1946 to 1988, prescribed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 64(1)(a), commenced as per s. 5(2) and S.I. No. 262 of 2010, as construed (17.10.2011) by Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 455 of 2011), art. 4(b), in effect as per art. 1(2).

E3

Additional powers prescribed in connection with performance of functions under Act (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 66, S.I. No. 371 of 2001.

E4

Previous affecting provision: functions under Act transferred and references to “Department of Community, Rural and Gaeltacht Affairs” and “Minister for Community, Rural and Gaeltacht Affairs” construed (10.07.2002) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002), arts. 3 and 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per C-note above.

E5

Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” construed (20.12.1994) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1994 (S.I. No. 443 of 1994), arts. 3 and 4, subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E6

Previous affecting provision: power to transfer fishery or fishing rights, acquired by or vested in “the Minister” under collectively cited Forestry Acts 1946 to 1988, prescribed (18.03.1980) by Fisheries Act 1980 (1/1980), s. 42(2)(a), commenced on enactment, and as substituted (20.12.1999) by Fisheries (Amendment) Act 1999 (35/1999), s. 19, S.I. No. 419 of 1999; repealed (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 4 and sch. 1, commenced on enactment. The Act does not define “the Minister” but this appears to refer to the Minister for Fisheries and Forestry as the ministerial title then was.

E7

Previous affecting provision: functions transferred and references to “Department of Energy” and “Minister for Energy” construed (30.06.1987) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 156 of 1987), arts. 3 and 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E8

Previous affecting provision: functions under Act transferred and references to “Minister for the Public Service” construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in arts. 5-9; superseded as per C-note above.

E9

Previous affecting provision: functions under Act relating to fisheries transferred and references to “Department of” and “Minister for Agriculture and Fisheries” under Act construed as “Department of” and “Minister for Lands” (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 (S.I. No. 30 of 1977), arts. 3, 4(5), subject to transitional provisions in arts. 5-8; superseded as per C-note above.

PART I

Preliminary and General

Short title, commencement and collective citation.

1

1. (1) This Act may be cited as the Wildlife Act, 1976.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.

(3) The Forestry Acts, 1946 and 1956, and sections 55 and 63 of this Act may be cited together as the Forestry Acts, 1946 to 1976.

Definitions.

2

2. (1) In this Act—

the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;

the Act of 1946” means the Forestry Act, 1946;

the Act of 1956” means the Forestry Act, 1956;

agriculture” includes horticulture;

airgun” means any weapon, including an air-rifle or air-pistol, incorporating a barrel from which metal or other slugs can be discharged;

authorised person” means a person who is appointed under section 72 of this Act by the Minister to be an authorised person for the purposes of this Act;

the Board”, except in section 14 and the Second Schedule hereto, means An Bord Pleanála;

building operation” has the same meaning as in section 2 of the Factories Act, 1955;

F1 [ the CITES Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on the 3rd day of March, 1973, as subsequently duly amended;

the CITES Regulations means, where appropriate, either or both Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1) , which relates to the CITES Convention, and Commission Regulation (EC) No. 939/97 of 26 May 1997 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein (2) , together with any amendments to or replacements of those Regulations; ]

the Commissioners” means the Commissioners of Public Works in Ireland;

F2 [ communities means any naturally occurring group of organisms that occupy a common environment; ]

F3 [ conservation includes measures to maintain or enhance or restore the quality, value or diversity of species, habitats, communities, geological features or geomorphological features; ]

the Council” means the body established by section 13 of this Act;

designation order” has the meaning assigned to it by section 17 of this Act;

establishment order” has the meaning assigned to it by section 15 of this Act;

exempted wild mammal” has the meaning assigned to it by section 25 of this Act;

F4 [ export , where the context so admits, includes re-export and cognate words shall be construed accordingly; ]

falconry” means hunting by means of birds of the order F5 [ orders Accipitriformes, Falconiformes and Strigiformes ] which are trained to hawk for sport;

F6 [ fauna means all wild birds and all wild animals (both aquatic and terrestrial) and includes wild mammals, reptiles, amphibians and aquatic and non-aquatic invertebrate animals, and all such wild animals' eggs, larvae, pupae or other immature stage and young; ]

firearm” means any lethal firearm or other lethal weapon of any description (including an airgun) from which any shot, bullet, slug or other missile can be discharged;

flora” means all plants (both aquatic and terrestrial) which occur in the wild (whether within or outside the State) and are not trees, shrubs or other plants being grown in the course of agriculture F7 [ , aquaculture, forestry ] or horticulture and includes in particular lichens, mosses, liverworts, fungi, algae and vascular plants, namely flowering plants, F7 [ conifers, ] ferns and fern-allied plants and any community of such plants;

foreshore” has the same meaning as in section 1 of the Foreshore Act, 1933;

F8 [ fossil includes the remains or imprints, in whole or in part, of animals, plants or any other organisms of uncertain affinity, or of their activities, which are preserved in rocks or deposits at the surface, or beneath the surface, of land; ]

functions” includes powers and duties;

F9 [ geology includes

( a ) the study of the Earth (as a whole or in part), the materials of which it is made, the processes that act and have acted upon those materials and the products and structures formed by such action, and

( b ) the physical and biological history of the Earth since its origin including the history of rock sequences as well as the history of life preserved as fossils in rocks and deposits at the surface, or in layers beneath the surface, of land;

geomorphology includes the configuration of the Earth's surface and its particular landforms generated by natural processes, such as cliffs, eskers, drumlins, caves, turloughs or other features of the landscape formed by natural processes;

habitat includes

( a ) the abode or natural home and the locality thereto of

(i) a particular species or population of a particular species, at any stage of life, or

(ii) a community of organisms.

( b ) a distinctive type of terrain, site or location, distinguished by physical, geographical, vegetational or other features;

( c ) a specific locality where a particular fossil, mineral, geological or geomorphological feature is to be found; ]

hares order” means an order made by the Minister under section 25 of this Act and in which any species of hare is specified;

hunt” means stalk, pursue, chase, drive, flush, capture, course, attract, follow, search for, lie in wait for, take, trap or shoot by any means whether with or without dogs, and, except in sections 28 and 29, includes killing in the course of hunting, F10 [ ] and kindred words shall be construed accordingly;

F11 [ import , where the context so admits, includes reimport and cognate words shall be construed accordingly; ]

inland waters” means any waters comprised in the internal or inland waters of the State;

interest” includes any estate, term, easement or profit à prendre;

land”, where the context admits, includes land covered by water and in relation to the acquisition of land also includes any easement, profit à prendre or other right in, to or over land or water (including any easement, profit à prendre or other right granted to or held by the Minister);

the Lay Commissioners” means the Commissioners of the Irish Land Commission other than the Judicial Commissioner;

licensed wildlife dealer” means a person who for the time being is the holder of a wildlife dealer’s licence;

local authority” means a local authority for the purposes of the Local Government Act, 1941;

F12 [ mechanically-propelled vehicle has the same meaning as it has in the Road Traffic Act, 1961 ;

mineral includes any naturally occurring organic or inorganic element or chemical compound of set composition, internal structure and physical properties and occurring generally, but not always, in crystal form; ]

the Minister” means the Minister for Lands;

F13 [ natural heritage area means an area which is worthy of conservation for one or more species, communities, habitats, landforms or geological or geomorphological features, or for its diversity of natural attributes;

natural heritage area order means an order made under section 18 of the Wildlife (Amendment) Act, 2000;

nature reserve means an area managed primarily for conservation of one or more species, communities, habitats or for any feature of geological, geomorphological or other natural interest which is provided for by the Minister in accordance with the Wildlife Acts, 1976 and 2000 ; ]

F14 [ ornithology means any study of wild birds for the purposes of research or teaching which leads to a better understanding of the biology, ecology and conservation requirements of wild birds; ]

F15 [ orphaned , in relation to any wild bird or any wild animal, includes a dependant young wild bird or dependant young wild animal which has been abandoned and which, in the circumstances, would be unlikely to survive unaided in the wild; ]

owner” in relation to land means—

( a) where the land is vested under the Land Purchase Acts in the Irish Land Commission, but not in the tenant-purchaser or purchaser thereof, the person who is for the time being the tenant-purchaser or the purchaser, as the case may be, of such land, and

( b) in any other case, the owner of the lowest estate in the land constituting an estate saleable under the Land Purchase Acts;

planning authority” means a planning authority for the purposes of the Local Government (Planning and Development) Acts, 1963 and 1976;

prescribed” means prescribed by regulations made by the Minister under this Act;

protected wild animal” has the meaning assigned to it by section 23 (4) of this Act;

protected wild bird” has the meaning assigned to it by section 22 (3) of this Act;

recognition order” has the meaning assigned to it by section 16 of this Act;

regulated coursing match” means a coursing match held in accordance with the rules for such matches which are for the time being both published and approved by the Irish Coursing Club pursuant to the Greyhound Industry Act, 1958;

F16 [ species means any species, except man, and includes subspecies and varieties, hybrids and populations thereof; ]

sporting rights” does not include fishing rights;

F17 [ territorial seas of the State means the portion of the sea which is defined by section 82 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the territorial seas of the State; ]

F18 [ wild animal includes an individual of a population which primarily lives independent of human husbandry but does not include

( a ) wild birds, or

( b ) species of fish or aquatic invertebrate animals (or their eggs or spawn or other immature stage or brood or young) which are of a species specified in regulations made by the Minister with the prior consent of the Minister for the Marine and Natural Resources under section 32 of the Wildlife (Amendment) Act, 2000; ]

wild bird” includes the F19 [ eggs and ] unflown young of a wild bird;

wildlife dealer” means any person who carries on the business of wildlife dealing;

wildlife dealer’s licence” has the meaning assigned to it by section 48 of this Act;

wild duck” means wild duck of any species;

wild mammal” includes both aquatic and terrestrial wild mammals and their young;

wildlife” means fauna and flora;

work of engineering construction” has the same meaning as in section 2 of the Factories Act, 1955.

(2) Any reference in this Act to sale includes a reference to disposing by way of barter, offering for sale and inviting an offer to buy and words in this Act which are kindred to sale shall be construed accordingly, and except in section 47 and section 55 any reference in this Act to purchase includes a reference to acquiring by way of barter, offering to purchase and inviting an offer to sell.

F20 [ (3) For the purposes of this Act the business of wildlife dealing means the business of buying for resale any wild birds or wild animals whether alive or dead, or any part, product or derivative of such birds or animals and includes engaging in taxidermy in respect of such birds or animals. ]

(4) Nothing in this Act shall be construed as prohibiting or restricting the doing by any person, whether as an employee or otherwise, of any act, other than the killing of fauna, which is done by that person in assisting another person lawfully to hunt fauna.

Annotations:

Amendments:

F1

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(a), S.I. No. 371 of 2001.

F2

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(b), S.I. No. 371 of 2001.

F3

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(c), S.I. No. 371 of 2001.

F4

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(d), S.I. No. 371 of 2001.

F5

Substituted ((31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(e), S.I. No. 371 of 2001.

F6

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(f), S.I. No. 371 of 2001.

F7

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(g), S.I. No. 371 of 2001.

F8

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(h), S.I. No. 371 of 2001.

F9

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(i), S.I. No. 371 of 2001.

F10

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(j), S.I. No. 371 of 2001.

F11

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(k), S.I. No. 371 of 2001.

F12

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(l), S.I. NO. 371 of 2001.

F13

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(m), S.I. No. 271 of 2001.

F14

Inserted (6.12.1985) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985), reg. 3(a), in effect as per reg. 1(2).

F15

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(n), S.I. NO. 371 of 2001.

F16

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(o), S.I. No. 371 of 2001.

F17

Substituted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 93(3), commenced on enactment.

F18

Inserted (31.07.2001) by Wildlife (Amendment) Act, 2000 (38/2000), s. 6(1)(p), S.I. No. 371 of 2001.

F19

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(1)(q), S.I. No. 371 of 2001.

F20

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 6(2), S.I. No. 371 of 2001.

(1) O.J. No. L 61, 3 March 1997, page 1

(2) O.J. No. L 140, 30 May 1997, page 9

Service of notices, etc.

3

3. (1) Where a notice, copy of an order, or copy of regulations is required by this Act, other than section 48 , 60 or 61 , or any regulation made under this Act to be served on, given or sent to a person, unless the context otherwise requires, it shall be addressed to him and shall be served on, given or sent to him in some one of the following ways:

( a) where it is addressed to him by name, by delivering it to him;

( b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

( c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

( d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be served or given in respect of any land or premises, by delivering the notice or copy to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice, copy of an order, or copy of regulations is required by this Act, other than section 48 , 60 or 61 , or any regulation made under this Act to be served on, given or sent to an occupier and the name of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “ the occupier” without naming him.

(3) For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Annotations:

Modifications (not altering text):

C5

Application of section restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 3(7), in effect as per reg. 1(3).

Service of notices

3. ...

(7) The provisions of Section 3 of the Principal Act shall not apply in a case to which these Regulations apply.

C6

Application of subs. (1)(d) restricted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 16(5), S.I. No. 371 of 2001.

Intention to designate natural heritage areas.

16.— ...

(5) Notwithstanding section 3(1)(d) of the Principal Act, where the address of any person to whom subsection (2)(b) relates cannot be found after reasonable inquiry, notices and maps showing the areas to be designated shall be displayed in a conspicuous place—

( a) at one or more Garda Síochána stations, local offices of the Department of Social, Community and Family Affairs, local authority offices, local offices of the Department of Agriculture, Food and Rural Development and offices of Teagasc, which are situated within or contiguous to the area to be designated, or

( b) where in any case there is no such station or office so located, at one or more of each such station or office within the vicinity or closest to such area,

and advertisements shall be broadcast on at least one radio station broadcasting in the locality of the area concerned and be placed in at least one newspaper circulating in the area, and every such notice and advertisement shall request any person affected by the proposed designation to contact the Department of Arts, Heritage, Gaeltacht and the Islands.

Editorial Notes:

E10

Previous affecting provision: application of subs. (1)(d) restricted (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 4(2)(c); revoked (21.09.2011) by Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73, in effect as per reg. 1(3).

Expenses.

4

4.The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Application of moneys received by Minister.

5

5.All moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Annotations:

Modifications (not altering text):

C7

Functions transferred and references to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 39 of 1976

Wildlife Act 1976

Sections 5, 8, 9 and 76(5); Second Schedule, paragraphs 11 and 12

...

...

...

Gifts.

6

6.The Minister may accept any gift made to him for all or any of the purposes of this Act, and, subject to the terms thereof, may apply it for those purposes.

Reports.

7

7. F21 [ ]

Annotations:

Amendments:

F21

Repealed (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 5(c), S.I. No. 371 of 2001, subject to transitional provision in s. 4.

Regulations and orders.

8

8. (1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed, provided that in so far as any such regulations provide for the charging of fees they shall only be made with the consent of the Minister for Finance.

F22 [ (1A) The Minister may make such regulations as appear to the Minister to be necessary or expedient to implement the provisions of the Wildlife Acts, 1976 and 2000 .

(1B) Any regulation made by the Minister under this Act may contain such incidental or consequential provisions as appear to the Minister to be necessary or expedient for the purpose of implementing the provisions of the Wildlife Acts, 1976 and 2000 . ]

(2) Subject to subsection (3) of this section and to sections 14 (5) , 15 (5) , 15 (6) , 16 (4) , 17 (3) and 17 (13) of this Act, the Minister may by order revoke or amend an order (other than a purchase order within the meaning of section 55 of this Act) made by him under this Act (including an order made under this subsection).

(3) Where this Act requires the Minister, before making an order or regulation under this Act, to consult any other Minister of State, the Commissioners, a planning authority or any other body, the order or regulation shall be revoked or amended by the Minister only after like consultation.

(4) Every regulation and every order made under this Act by the Minister, other than an order under section 1 (2) or a purchase order within the meaning of section 55 of this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next twenty-one days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations:

Amendments:

F22

Inserted by (31.07.2001) Wildlife (Amendment) Act 2000 (38/2000), s. 7, S.I. No. 371 of 2001.

Modifications (not altering text):

C8

Functions transferred and references to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 39 of 1976

Wildlife Act 1976

Sections 5, 8, 9 and 76(5); Second Schedule, paragraphs 11 and 12

...

...

...

Editorial Notes:

E11

Power pursuant to subs. (2) exercised (19.10.2012) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012).

E12

Power pursuant to subs. (2) exercised (17.10.2012) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2012 (S.I. No. 398 of 2012).

E13

Power pursuant to subs. (2) exercised (27.08.2008) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) (No. 2) Order 2008 (S.I. No. 346 of 2008).

E14

Power pursuant to subs. (2) exercised (14.02.2008) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2008 (S.I. No. 27 of 2008).

E15

Power pursuant to subs. (2) exercised (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005).

E16

Power pursuant to subs. (2) exercised (9.09.1998) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998).

E17

Power pursuant to section exercised (16.07.1996) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1996 (S.I. No. 220 of 1996).

E18

Power pursuant to section exercised (31.08.1989) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1989 (S.I. No. 221 of 1989).

E19

Power pursuant to section exercised (8.11.1984) by Wildlife (Wild Birds) (Open Season) (Amendment) Order 1984 (S.I. No. 283 of 1984).

E20

Power pursuant to section exercised (1.02.1984) by Wildlife Act, 1976 (Birds of Prey) Regulations 1984 (S.I. No. 8 of 1984).

E21

Power pursuant to section exercised (12.08.1982) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1982 (S.I. No. 266 of 1982).

E22

Power pursuant to section exercised (18.07.1980) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1980 (S.I. No. 229 of 1980).

E23

Power pursuant to section exercised (6.02.1978) by Wildlife Act, 1976 (Acquisition of Land) Regulations 1978 (S.I. No. 29 of 1978).

E24

Previous affecting provision: power pursuant to section exercised (for period 1.02.2011 to 28.02.2011) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2011 (S.I. No. 39 of 2011); expired and superseded (19.10.2012) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012), art. 3.

E25

Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 30.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010); spent.

E26

Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 21.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 598 of 2010); expired and superseded (21.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010), art. 2.

E27

Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 14.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) Order 2010 (S.I. No. 582 of 2010); expired and superseded (14.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 598 of 2010), art. 3.

E28

Previous affecting provision: power pursuant to section exercised (for period 15.01.2010 to 20.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010); spent.

E29

Previous affecting provision: power pursuant to section exercised (for period 6.01.2010 to 15.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) Order 2010 (S.I. No. 2 of 2010); amended (15.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010), art. 2; expired.

E30

Previous affecting provision: power pursuant to subs. (2) exercised (3.09.2003) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2003 (S.I. No. 394 of 2003); superseded (19.10.2012) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012), art. 3.

E31

Previous affecting provision: power pursuant to subs. (2) exercised (30.08.2000) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2000 (S.I. No. 280 of 2000); superseded (5.09.2001) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2001 (S.I. No. 428 of 2001), art. 3.

E32

Previous affecting provision: power pursuant to subs. (2) exercised (9.09.1998) by Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998); revoked (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005), art. 5.

E33

Previous affecting provision: power pursuant to section exercised (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997); superseded (9.09.1998) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998), art. 4.

E34

Previous affecting provision; power pursuant to section exercised (16.07.1996) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1996 (S.I. No. 219 of 1996); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E35

Previous affecting provision: power pursuant to section exercised (22.11.1995) by Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1995 (S.I. No. 304 of 1995); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E36

Previous affecting provision: power pursuant to section exercised (15.09.1995) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1995 (S.I. No. 249 of 1995); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E37

Previous affecting provision: power pursuant to section exercised (for period 1.11.1993 to 30.11.1993) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1993 (S.I. No. 255 of 1993); spent.

E38

Previous affecting provision: power pursuant to section exercised (for period 1.11.1992 to 30.11.1992) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1992 (S.I. No. 233 of 1992); spent.

E39

Previous affecting provision: power pursuant to section exercised (for period 1.11.1991 to 30.11.1991) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1991 (S.I. No. 268 of 1991); spent.

E40

Previous affecting provision: power pursuant to subs. (2) exercised (10.09.1986) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1986 (S.I. No. 306 of 1986); spent on revocation of Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998) (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005), art. 5.

E41

Previous affecting provision: power pursuant to section exercised (10.09.1986) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E42

Previous affecting provision: power pursuant to section exercised (29.10.1985) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1985 (S.I. No. 346 of 1985); superseded (10.09.1986) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986), art. 3.

E43

Previous affecting provision: power pursuant to section exercised (23.01.1985) by Wildlife Act, 1976 (Section 27) (No. 2) Order 1985 (S.I. No. 12 of 1985); spent on expiry (31.01.1985) of Wildlife Act, 1976 (Section 27) Order 1985 (S.I. No. 11 of 1985), as per art. 2.

Licences.

9

F23 [ 9. (1) The Minister may

( a ) attach conditions to any licence granted or permit issued for any of the purposes of the Wildlife Acts, 1976 and 2000 ,

( b ) vary such conditions, and

( c ) revoke any such licence other than a licence granted by the Minister under section 29 of the Principal Act or withdraw any such permit.

(2) Subject to section 32(5) of this Act, a licence granted or a permit issued by the Minister under the Wildlife Acts, 1976 and 2000 , shall, if so expressed, operate to authorise the doing by any person who is of a class or description specified in the licence or permit of

( a ) anything allowed to be done by the licence or permit, or

( b ) anything which is a thing so allowed to be done and is of a class or description so specified.

(3) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted or permits issued by the Minister under the Wildlife Acts, 1976 and 2000 , and different fees may be prescribed for different classes of licences or permits.

(4) Regulations prescribing matters to which this section relates may provide for such incidental or related matters as are, in the opinion of the Minister, necessary to give effect to such fees. ]

F24 [ (5) Nothing shall be allowed to be done by licence or permit that would not be allowed to be done under the provisions of the European Communities (Birds and Natural Habitats) Regulations 2011 or that would otherwise contravene the requirements and obligations of the Birds Directive or the Habitats Directive. ]

Annotations:

Amendments:

F23

Substituted (31.07.2001) by Wildlife Amendment Act 2000 (38/2000), s. 8, S.I. No. 371 of 2001, subject to transitional provision in s. 4.

F24

Substituted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(28), in effect as per reg. 1(3).

Modifications (not altering text):

C9

Functions transferred and references to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 39 of 1976

Wildlife Act 1976

Sections 5, 8, 9 and 76(5); Second Schedule, paragraphs 11 and 12

...

...

...

Editorial Notes:

E44

Subs. (5) amended (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(5), in effect as per reg. 1(3); this amendment duplicates words in the substitution of the subsection by reg. 56(28) and renders the amendment redundant.

E45

Previous affecting provision: subs. (5) inserted (18.07.2005) by European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005), reg. 2(1); substituted as per F-note above.

Repeals.

10

10.The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART II

Wildlife Conservation and Protection

Chapter I

General

Annotations:

Modifications (not altering text):

C10

Application of part restricted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 59, S.I. No. 371 of 2001.

Saver in interest of public health and safety.

59.—Nothing in Part II, or section 51, of the Principal Act shall make unlawful any thing which is done pursuant to and in accordance with a licence granted in that behalf by the Minister for the purpose of preserving public health or public safety, including air safety.

Functions of Minister in relation to wildlife.

11

11. (1) It shall be a function of the Minister to secure the conservation of wildlife F25 [ and to promote the conservation of biological diversity ].

(2) Without prejudice to the generality of subsection (1) of this section, the Minister may in particular do all or any of the following:

( a) give assistance or advice to any person on any matter affecting wildlife,

( b) where the Minister considers that the management, or supervision of the management by him or on his behalf, of any land in which he has not an interest, is desirable in the interests of wildlife, he may manage or cause to be managed, or supervise or cause to be supervised the management of the land upon such terms and subject to such conditions as may be agreed upon between him and a person having an interest in the land,

F26 [ ( bb ) encourage the management of features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of

(i) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

(ii) their function as stepping stones, such as ponds or small woods,

are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive,

( bc ) take the requisite measures to maintain the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level,

( bd ) take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular the following measures

(i) the creation of European Sites, or

(ii) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or

(iii) the re-establishment of destroyed biotopes, and

(iv) the creation of biotopes. ]

( c) enter into, and carry out, an agreement with another person to participate in a scheme, undertaking or project for the conservation of wildlife and for the purposes of such scheme, undertaking or project to perform any one or more of the functions assigned to him under this Act,

( d) make grants or loans to further projects or activities which have as their object the conservation of wildlife generally, a particular aspect of such conservation or the development and proper use of hunting amenities and resources,

( e) promote, either directly or indirectly, whether alone or in conjunction with other persons, schemes or projects for the better conservation and use of wildlife or for the prevention, reduction or removal of any damage, or source of damage, to wildlife.

(3) The Minister may, either directly or in association with or through the agency of another person—

( a) carry out or cause to be carried out research which he considers desirable for the performance of his functions under this Act,

( b) promote the knowledge and understanding of matters to which the functions assigned to him under this Act are related.

(4) Nothing in this section shall restrict, prejudice or affect the performance by the Minister for Agriculture and Fisheries of any function which could have been performed by him immediately before the commencement of this section.

F27 [ (5) In this section biological diversity means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems, and the ecological complexes of which they are part and diversity includes diversity within species, between species and of ecosystems. ]

Annotations:

Amendments:

F25

Inserted (31.07.2001) by Wildlife Amendment Act 2000 (38/2000), s. 9(a), S.I. No. 371 of 2001.

F26

Inserted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(24), in effect as per reg. 1(3).

F27

Inserted (31.07.2001) by Wildlife Amendment Act 2000 (38/2000), s. 9(b), S.I. No. 371 of 2001.

Obligations generally of Ministers of State and certain other authorities and bodies in relation to nature reserves and refuges.

12

12. (1) This section applies to—

( a) a local authority,

( b) the Commissioners,

( c) any other body which is—

(i) established by or under statute and financed wholly or partly by means of loans or grants made by a Minister of State,

(ii) a company (in this subsection referred to as a State-sponsored company) within the meaning of the Companies Act, 1963, in which the majority of the shares are held by or on behalf of a Minister of State,

(iii) a company within the meaning of the said Act in which the majority of the ordinary shares are held by a State-sponsored company, or a body established and financed in the manner specified in subparagraph (i) of this paragraph, and

as regards which there is in force for the time being a direction given for the purposes of this section by the Minister.

(2) Subject to subsection (3) of this section, a Minister of State other than the Minister and every authority or body to which this section applies shall—

( a) before determining any matter or doing anything which is, in his or their opinion, or is represented by the Minister to the other Minister of State, or the authority or body to be likely or liable to affect, or to interfere with, the suitability for a nature reserve or a refuge, as may be appropriate, of land to which an establishment order, a recognition order or a designation order applies, or the management of land pursuant to and in accordance with an agreement under section 18 of this Act, consult the Minister as regards the avoidance or minimising of such effect or interference, and

( b) take all practicable steps to avoid or minimise such effect or interference.

(3) Subsection (2) of this section shall not apply in relation to—

( a) any determination made or anything done in an emergency,

(b) F28 [ ]

( c) the functions of the Board, or

( d) the functions of the Commissioners under the Arterial Drainage Acts, 1945 and 1955.

(4) The Minister may give in relation to a body described in subsection (1) (c) of this section a direction for the purposes of this section and any such direction shall come into force when given and shall continue in force until cancelled by the Minister.

Annotations:

Amendments:

F28

Repealed (31.07.2001) by Wildlife Amendment Act 2000 (38/2000), s. 24(2), S.I. No. 371 of 2001.

Modifications (not altering text):

C11

Application of subss. (2) and (3) extended (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 24(1), S.I. No. 371 of 2001.

Provisions relating to section 12 (obligations in relation to nature reserves and refuges) of Principal Act.

24.—(1) Subsections (2) and (3) of section 12 of the Principal Act shall apply to land to which a natural heritage area order or a notice served under section 16(2)(b) relates in the same manner as it applies to land to which an establishment order, a recognition order or a designation order relates, or to which an agreement under section 18 of the Principal Act relates.

...

Wildlife Advisory Council.

13

13. F29 [ ]

Annotations:

Amendments:

F29

Repealed (10.04.1995) by Heritage Act 1995 (4/1995), s. 4, commenced on enactment.

Editorial Notes:

E46

Previous affecting provision: power pursuant to section exercised (13.03.1978) by Wildlife Advisory Council Order 1978 (S.I. No. 79 of 1978); ceased to have effect on repeal of section.

Establishment of boards to provide or administer certain services.

14

14. (1) If the Minister considers that the provision or administration of any service which under this Act he is enabled to provide or administer would be facilitated thereby, he may, with the consent of F30 [ the Minister for Public Expenditure and Reform ], and after consulting such other Minister of State (if any) as the Minister considers appropriate to consult in the circumstances, by order establish a board (which shall be known by the name specified in the order) to provide, administer, or provide and administer that service on his behalf in accordance with such directives (which shall be complied with by the board) in relation to the general policy of the Minister relating to wildlife as he may give from time to time.

(2) Such of the provisions contained in the Second Schedule to this Act shall apply to a board established by the Minister under this section as the Minister specifies by order and for the purpose of applying any such provision in relation to a particular board as regards which the provision is so specified, any reference in that Schedule to the Board shall be construed as a reference to that particular board.

(3) The Minister may by order, if he considers it appropriate, provide that a specified board established under this section may be directed by the Minister to act on his behalf in the performance of such of his functions under this Act (other than the prosecution of an offence) as are specified in the order and the board so specified shall comply with any such direction and shall have all such powers as are necessary to put into effect any direction given to it by the Minister pursuant to the order.

(4) ( a) As regards each accounting year a board established by the Minister under this section shall, within the specified period beginning immediately after the board’s accounting year, make a report to the Minister of its activities during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

( b) The Minister shall, as regards a board established by him under this section, specify a period for the purposes of paragraph (a) of this subsection and the period so specified is in that paragraph referred to as the specified period.

(5) The Minister shall not revoke an order under this section establishing a board without the consent of F30 [ the Minister for Public Expenditure and Reform ].

(6) Where the Minister revokes an order under this section the following provisions shall have effect:

( a) all property, whether real or personal (including choses-in-action), which immediately before the commencement of the order was vested in or belonged to or was held in trust or subject to conditions for the board to which the revoked order relates (in this subsection subsequently referred to as the board) and all rights, powers and privileges relating to or connected with any such property shall on the commencement of the order without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Minister for all the interest for which the same immediately before such commencement was vested in or belonged to or was held in trust or subject to conditions for the board, but subject to all trusts, conditions and equities affecting the same and then subsisting and capable of being performed,

( b) the said property which immediately before such commencement was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the relevant board shall, upon the request of the Minister made at any time on or after such commencement, be transferred in such books by such bank, corporation or company into the name of the Minister,

( c) any chose-in-action transferred by this section may on or after such commencement, be sued upon, recovered, or enforced by the Minister in his own name and it shall not be necessary for the Minister to give notice to the person bound by such chose-in-action of the transfer effected by this section,

( d) every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before such commencement is owing and unpaid or has been incurred and is undischarged by the board shall, on such commencement, become and be the debt or liability of the Minister and shall be paid or discharged by and may be recovered from and enforced against the Minister accordingly, and

( e) where, immediately before such commencement, any legal proceedings are pending to which the board is a party, the name of the Minister shall be substituted for that of the board, and the proceedings shall not abate by reason of such substitution.

(7) F31 [ ]

Annotations:

Amendments:

F30

Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 59, commenced as per ss. 1(2) and 6 and S.I. No. 401 of 2011.

F31

Deleted (25.03.1999) by Finance Act 1999 (2/1999), s. 197 and sch. 6, commenced on enactment.

Chapter II

Reserves and Refuges

Nature reserves on lands owned by the Minister or by the State.

15

15. (1) This section applies to the following land:

( a) land (including land covered by inland waters) owned by the State, including land in which the Minister has (whether jointly or severally) any interest,

( b) any foreshore which belongs to the State,

( c) land, other than foreshore mentioned in paragraph ( b) of this subsection, which forms the seabed under the territorial seas of the State.

(2) Where, after consultation with the Minister for Agriculture and Fisheries, the Minister for Transport and Power and the Commissioners, the Minister is satisfied that—

F32 [ ( a ) land to which this section applies

(i) includes the habitat or forms, or is capable of being made to form, the habitat or part of the habitat of one or more species or community, being a species or community which is of scientific interest, or

(ii) includes or forms an ecosystem, or part of an ecosystem, which is of scientific interest, or

(iii) contains features of geological, geomorphological or other natural interest,

F33 [ or,

(iv) has features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of

(I) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

(II) their function as stepping stones, such as ponds or small woods, are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive, or

(III) their importance for the maintenance of the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or for adapting the population of these species to that level, or

(IV) their importance for the preservation, maintenance or re-establishment of a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular for

(A) the creation of European Sites, or

(B) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or

(C) the re-establishment of destroyed biotopes, and

(D) the creation of biotopes. ]

and that in the case of such habitat or ecosystem, or such part of the ecosystem, or geological, geomorphological or other natural interest is likely to benefit if measures are taken for its protection, ]

( b) it is desirable to establish the land as a nature reserve, and

( c) the proper management of the land as a nature reserve would not be precluded by any interest of any other person (including a person who is an owner with the Minister) in or over the land,

he may by order (in this Act referred to as an establishment order) declare that the land shall constitute and that there shall be established by the order a nature reserve: provided that,

(i) in case the Commissioners have an interest in the land, the order shall be made by the Minister only with the concurrence of the Commissioners, and

(ii) in case the Minister’s interest in the land is held by him jointly with another person, the Minister in addition to being satisfied as regards the matters aforesaid shall, before making an establishment order in relation to the land, be satisfied that the fact that the other person has an interest in the land will not inhibit the proper management of the land by the Minister as a nature reserve.

(3) An establishment order shall specify the reason why, and shall indicate the objectives for which, the nature reserve is being established by the Minister.

(4) The Minister shall manage the land to which an establishment order relates so as to secure, as best as may be, the objectives indicated in the order having regard to and in accordance with the general protection of the natural environment.

(5) The Minister shall not amend an establishment order unless he considers that the objectives, as regards which the relevant nature reserve was established, require revision because of changes in the features F34 [ , characteristics or boundaries ] of the reserve or in any other circumstance which affects the reserve.

(6) The Minister shall not revoke an establishment order unless he considers that it is no longer practicable or is no longer desirable to maintain the nature reserve established by the order.

(7) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Commissioners, to the Board and to any planning authority within whose area the land comprised in the nature reserve, or any part thereof, is situate.

Annotations:

Amendments:

F32

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 26(a), S.I. No. 371 of 2001.

F33

Inserted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(25).

F34

Substituted (31.07.2000) by Wildlife (Amendment) Act (38/2000), s. 26(b).

Modifications (not altering text):

C12

Functions transferred and “Department of” and “Minister for Communications” construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4 and sch. part IV (11), in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note: name of Department of the Marine most recently changed to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of the Marine.

(2) References to the Department of Communications contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine.

4. (1) The functions vested in the Minister for Communications— ...

(c) by or under any of the Statutes mentioned in the third column of Part IV of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number

are hereby transferred to the Minister for the Marine.

(2) References to the Minister for Communications contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine.

...

SCHEDULE

PART IV

Ref. No.

Statute

Provisions of the Statutes mentioned in the second column, functions under which are transferred to the Minister for the Marine

(1)

(2)

(3)

...

...

...

11.

Wildlife Act 1976

Section 15 (2), in so far as it relates to consultation with the Minister

...

...

...

Editorial Notes:

E47

E47

Power pursuant to section exercised (28.10.1999) by Nature Reserve (Clochar na gCon) Establishment Order 1999 (S.I. No. 310 of 1999), in effect as per art. 1(2).

E47

Power pursuant to section exercised (17.05.1994) by Nature Reserve (Cummeragh River Bog) Establishment Order 1994 (S.I. No. 116 of 1994), in effect as per art. 1(2).

E50

Power pursuant to section exercised (29.03.1994) by Nature Reserve (Knocksink Wood) Establishment Order 1994 (S.I. No. 58 of 1994), in effect as per art. 1(2).

E51

Power pursuant to section exercised (22.11.1993) by Nature Reserve (Kilcolman Bog) Recognition Order 1993 (S.I. No. 315 of 1993), in effect as per art. 1(2).

E52

Power pursuant to section exercised (22.11.1993) by Nature Reserve (Kilcolman Bog) Establishment Order 1993 (S.I. No. 314 of 1993), in effect as per art. 1(2).

E53

Power pursuant to section exercised (7.12.1992) by Nature Reserve (Scragh Bog) Establishment Order 1992 (S.I. No. 350 of 1992), in effect as per art. 1(2).

E54

Power pursuant to section exercised (20.07.1991) by Nature Reserve (Redwood Bog) Establishment Order 1991 (S.I. No. 173 of 1991), in effect as per art. 1(2).

E55

Power pursuant to section exercised (20.07.1991) by Nature Reserve (Glengarriff) Establishment Order 1991 (S.I. No. 172 of 1991), in effect as per art. 1(2).

E56

Power pursuant to section exercised (20.07.1991) by Nature Reserve (Leam West) Establishment Order 1991 (S.I. No. 171 of 1991), in effect as per art. 1(2).

E57

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Castlemaine Harbour) Establishment Order 1990 (S.I. No. 10 of 1990), in effect as per art. 1(2).

E58

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Meenachullion) Establishment Order 1990 (S.I. No. 9 of 1990), in effect as per art. 1(2).

E59

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Balleyteige Burrow) Establishment Order 1990 (S.I. No. 8 of 1990), in effect as per art. 1(2).

E60

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1990 (S.I. No. 6 of 1990), in effect as per art. 1(2).

E61

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Easkey Bog) Establishment Order 1990 (S.I. No. 5 of 1990), in effect as per art. 1(2).

E62

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Tearaght Island) Establishment Order 1989 (S.I. No. 108 of 1989), in effect as per art. 1(2).

E63

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Knockomagh Wood) Establishment Order 1989 (S.I. No. 107 of 1989), in effect as per art. 1(2).

E64

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Tralee Bay) Establishment Order 1989 (S.I. No. 106 of 1989), in effect as per art. 1(2).

E65

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Great Skellig) Establishment Order 1988 (S.I. No. 235 of 1988), in effect as per art. 1(2).

E66

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Fiddown Island) Establishment Order 1988 (S.I. No. 234 of 1988), in effect as per art. 1(2).

E67

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Baldoyle Estuary) Establishment Order 1988 (S.I. No. 233 of 1988), in effect as per art. 1(2).

E68

Power pursuant to section exercised (10.10.1988) by Nature Reserve (North Bull Island) Establishment Order 1988 (S.I. No. 231 of 1988), in effect as per art. 1(2).

E69

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Lough Nambrackdarrig) Establishment Order 1988 (S.I. No. 73 of 1988), in effect as per art. 1(2).

E70

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Lough Yganavan) Establishment Order 1988 (S.I. No. 72 of 1988), in effect as per art. 1(2).

E71

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Rogerstown Estuary) Establishment Order 1988 (S.I. No. 71 of 1988), in effect as per art. 1(2).

E72

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Derkmore Wood) Establishment Order 1988 (S.I. No. 70 of 1988), in effect as per art. 1(2).

E73

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Glenealo Valley) Establishment Order 1988 (S.I. No. 69 of 1988), in effect as per art. 1(2).

E74

Power pursuant to section exercised (30.04.1988) by Nature Reserve (Glendalough) Establishment Order 1988 (S.I. No. 68 of 1988), in effect as per art. 1(2).

E75

Power pursuant to section exercised (12.11.1987) by Nature Reserve (Raheenmore Bog) Establishment Order 1987 (S.I. No. 280 of 1987), in effect as per art. 1(2).

E76

Power pursuant to section exercised (12.11.1987) by Nature Reserve (Ballyteige Burrow) Establishment Order 1987 (S.I. No. 279 of 1987), in effect as per art. 1(2).

E77

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Puffin Island) Establishment Order 1987 (S.I. No. 228 of 1987), in effect as per art. 1(2).

E78

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Lough Barra Bog) Establishment Order 1987 (S.I. No. 227 of 1987), in effect as per art. 1(2).

E79

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Clara Bog) Establishment Order 1987 (S.I. No. 226 of 1987), in effect as per art. 1(2).

E80

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Mount Brandon) Establishment Order 1986 (S.I. No. 420 of 1986), in effect as per art. 1(2).

E81

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Eirk Bog) Establishment Order 1986 (S.I. No. 419 of 1986), in effect as per art. 1(2).

E82

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Ballyteige) Establishment Order 1986 (S.I. No. 418 of 1986), in effect as per art. 1(2).

E83

Power pursuant to section exercised (29.12.1986) by Nature Reserve Ballygilgan (Lissadell) Establishment Order 1986 (S.I. No. 417 of 1986), in effect as per art. 1(2).

E84

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Owenboy) Establishment Order 1986 (S.I. No. 416 of 1986), in effect as per art. 1(2).

E85

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1986 (S.I. No. 415 of 1986), in effect as per art. 1(2).

E86

Power pursuant to section exercised (29.12.1986) by Nature Reserve (Pollardstown Fen) Establishment Order 1986 (S.I. No. 414 of 1986), in effect as per art. 1(2).

E87

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Keelhilla, Slievecarran) Establishment Order 1986 (S.I. No. 346 of 1986), in effect as per art. 1(2).

E88

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Ballyarr Wood) Establishment Order 1986 (S.I. No. 345 of 1986), in effect as per art. 1(2).

E89

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Duntally Wood) Establishment Order 1986 (S.I. No. 344 of 1986), in effect as per art. 1(2).

E90

Power pursuant to section exercised (14.11.1986) by Nature Reserve (Rathmullan Wood) Establishment Order 1986 (S.I. No. 343 of 1986), in effect as per art. 1(2).

E91

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Timahoe Esker) Establishment Order 1985 (S.I. No. 383 of 1985), in effect as per art. 1(2).

E92

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Slieve Bloom Mountains) Establishment Order 1985 (S.I. No. 382 of 1985), in effect as per art. 1(2).

E93

Power pursuant to subs. (2) exercised (16.12.1985) by Nature Reserve (Capel Island and Knockadoon Head) Establishment Order 1985 (S.I. No. 381 of 1985), in effect as per art. 1(2).

E94

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Richmond Esker) Establishment Order 1985 (S.I. No. 380 of 1985), in effect as per art. 1(2).

E95

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Dromore) Establishment Order 1985 (S.I. No. 379 of 1985), in effect as per art. 1(2).

E96

Power pursuant to section exercised (31.12.1984) by Nature Reserve (Pettigo Plateau) Establishment Order 1984 (S.I. No. 334 of 1984), in effect as per art. 1(2).

E97

Power pursuant to section exercised (31.12.1984) by Nature Reserve (Oldhead Wood) Establishment Order 1984 (S.I. No. 333 of 1984), in effect as per art. 1(2).

E98

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Coole-Garryland) Establishment Order 1983 (S.I. No. 379 of 1983), in effect as per art. 1(2).

E99

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Ballynastaig Wood) Establishment Order 1983 (S.I. No. 378 of 1983), in effect as per art. 1(2).

E100

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Pollnaknockaun Wood) Establishment Order 1983 (S.I. No. 377 of 1983), in effect as per art. 1(2).

E101

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Derrycrag Wood) Establishment Order 1983 (S.I. No. 376 of 1983), in effect as per art. 1(2).

E102

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Rosturra Wood) Establishment Order 1983 (S.I. No. 375 of 1983), in effect as per art. 1(2).

E103

Power pursuant to section exercised (29.12.1983) by Nature Reserve (Vale of Clara) Establishment Order 1983 (S.I. No. 374 of 1983), in effect as per art. 1(2).

E104

Power pursuant to section exercised (31.07.1983) by Nature Reserve (The Raven) Establishment Order 1983 (S.I. No. 200 of 1983), in effect as per art. 1(2).

E105

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Deputy’s Pass) Establishment Order 1982 (S.I. No. 381 of 1982), in effect as per art. 1(2).

E106

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Uragh Wood) Establishment Order 1982 (S.I. No. 380 of 1982), in effect as per art. 1(2).

E107

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Coolacurragh Wood) Establishment Order 1982 (S.I. No. 379 of 1982), in effect as per art. 1(2).

E108

Power pursuant to section exercised (31.12.1982) by Nature Reserve (Grantstown Wood and Granston Lough) Establishment Order 1982 (S.I. No. 378 of 1982), in effect as per art. 1(2).

E109

Power pursuant to section exercised (3.06.1981) by Nature Reserve (Lough Hyne) Establishment Order 1981 (S.I. No. 206 of 1981).

E110

Power pursuant to section exercised (3.06.1981) by Nature Reserve (Wexford Wildfowl Reserve) Establishment Order 1981 (S.I. No. 205 of 1981).

E111

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Garryrickin) Establishment Order 1980 (S.I. No. 389 of 1980).

E112

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Kyleadohir) Establishment Order 1980 (S.I. No. 388 of 1980).

E113

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Caher (Murphy)) Establishment Order 1980 (S.I. No. 387 of 1980).

E114

Power pursuant to section exercised (18.12.1980) by Nature Reserve (Ballykeefe) Establishment Order 1980 (S.I. No. 386 of 1980).

E115

Power pursuant to section exercised (13.06.1980) by Nature Reserve (Glen of the Downs) Establishment Order 1980 (S.I. No. 178 of 1980).

E116

Power pursuant to section exercised (13.06.1980) by Nature Reserve (Derryclare) Establishment Order 1980 (S.I. No. 177 of 1980).

E117

E118

Previous affecting provision: certain developments carried out on nature reserves established under section designated exempted developments for purposes of Local Government (Planning and Development) Acts 1963 to 1993 (15.06.1994) by Local Government (Planning and Development) Regulations 1994 (S.I. No. 86 of 1994), regs. 9 and 10 and sch. 2 part I class 32(b), in effect as per reg. 2(2); revoked (11.03.2002) by Planning and Development Act, 2000 (Commencement) (No. 3) Order 2001 (S.I. No. 599 of 2001), art. 6.

Nature reserves on land other than land to which section 15 applies.

16

16. (1) Where a person who is the occupier of land satisfies the Minister that—

( a) the land includes a habitat F35 [ or forms, or is capable of being made to form, a habitat ] or part of a habitat or an ecosystem F35 [ or contains features of geological, geomorphological or other natural interest ] described in paragraph (a) of section 15 (2) of this Act, F35 [ as amended by this Act, ]

( b) the interest of the person in or over the land is such as to enable the person to establish and manage a nature reserve on the land, and

( c) the person can, in accordance with any conditions which the Minister sees fit to impose, use or manage the land so as to establish and maintain, or maintain, as may be appropriate, a nature reserve on the land,

then, subject to subsection (2) of this section, the Minister may, by order (in this Act referred to as a recognition order) recognise the land as a nature reserve and the recognition shall continue for so long as the order is in force.

(2) Before making a recognition order the Minister shall consult the Minister for Agriculture and Fisheries, the Minister for Transport and Power, the Commissioners and any planning authority within whose area the land to which the proposed order relates, or any part of such land, is situate.

(3) A recognition order shall state the Minister’s reason for recognising the land to which the order relates as a nature reserve and indicate the objectives for which the land is to be used or managed as a nature reserve.

F36 [ (3A) The Minister shall not amend a recognition order unless the Minister considers that the objectives, as regards which the relevant nature reserve was recognised, require revision because of changes in the features, characteristics or boundaries of the reserve, or because of any other circumstance which in the Minister s opinion affects the reserve. ]

(4) The Minister shall not revoke a recognition order unless he considers that—

( a) the objectives indicated in the order have not been attained or are not being properly maintained, or

( b) for any other reason, it is no longer appropriate for him to continue to recognise as a nature reserve, by virtue of the order, the land to which the order relates.

(5) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Commissioners, to the Board and to any planning authority within whose area the land to which the order relates, or any part of such land, is situate.

Annotations:

Amendments:

F35

Inserted (31.07.2001) by Wildlife (Amendement) Act 2000 (38/2000), s. 27(a), S.I. No. 371 of 2001.

F36

Inserted (31.07.2001) by Wildlife (Amendement) Act 2000 (38/2000), s. 27(b), S.I. No. 371 of 2001.

Editorial Notes:

E119

Power pursuant to section exercised (4.03.2004) by Nature Reserve (Fenor Bog) Recognition Order 2004 (S.I. No. 86 of 2004).

E120

Power pursuant to section exercised (29.01.1990) by Nature Reserve (Sheheree Bog) Recognition Order 1990 (S.I. No. 7 of 1990), in effect as per art. 1(2).

E121

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Derrycunihy Wood) Recognition Order 1989 (S.I. No. 111 of 1989), in effect as per art. 1(2).

E122

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Derrymore Island) Recognition Order 1989 (S.I. No. 110 of 1989), in effect as per art. 1(2).

E123

Power pursuant to section exercised (1.06.1989) by Nature Reserve (Tearaght Island) Recognition Order 1989 (S.I. No. 109 of 1989).

E124

Power pursuant to section exercised (10.10.1988) by Nature Reserve (Little Skellig) Recognition Order 1988 (S.I. No. 236 of 1988), in effect as per art. 1(2).

E125

Power pursuant to section exercised (10.10.1988) by Nature Reserve (North Bull Island) Recognition Order 1988 (S.I. No. 232 of 1988), in effect as per art. 1(2).

E126

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Mongan Bog) Recognition Order 1987 (S.I. No. 230 of 1987), in effect as per art. 1(2).

E127

Power pursuant to section exercised (23.09.1987) by Nature Reserve (Puffin Island) Recognition Order 1987 (S.I. No. 229 of 1987), in effect as per art. 1(2).

E128

Power pursuant to section exercised (16.12.1985) by Nature Reserve (Capel Island and Knockadoon Head) Recognition Order 1985 (S.I. No. 384 of 1985), in effect as per art. 1(2).

Refuges for fauna.

17

17. (1) Where the Minister considers that a particular species, or particular species, of F37 [ either or both fauna and flora ] should be specially protected on any land which is, or is contiguous to, a habitat of the species, F38 [ or that land has features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of:

( a ) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

( b ) their function as stepping stones, such as ponds or small woods,

are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive, ] then, subject to subsection (5) of this section, he may publish in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land is situate a notice of his intention to make an order (in this Act referred to as a designation order) designating the land as a refuge for such F37 [ fauna and flora ].

(2) Before publishing a notice pursuant to this section, the Minister shall—

( a) consult the Minister for Agriculture and Fisheries, the Minister for Transport and Power, the Commissioners and any planning authority in whose area the land to which the notice relates, or any part of such land, is situate, and

( b) serve on the owner or occupier of such land notice of the particulars to be contained in the notice he proposes to so publish.

(3) Where the Minister proposes to amend a designation order he shall publish in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land to which the designation order applies is situate a notice of his intention to do so.

(4) A notice published pursuant to this section shall indicate F39 [ every species of fauna and flora ] which the Minister proposes by the provisions of the proposed order to which the notice relates to protect, the land to which the proposed designation order or amending order, as the case may be, will apply and the protective measures which he proposes to include in the proposed order, including any measures he proposes to take for the protection of the habitat requirements of such F39 [ fauna and flora ].

(5) The Minister shall not include in a notice published pursuant to this section any reference to a species of fish or aquatic invertebrate animal without the prior concurrence of the Minister for Agriculture and Fisheries.

(6) Not later than two months after publication in the Iris Oifigiúil pursuant to subsection (1) of this section of a notice, the occupier of any land to which the notice relates, or any person claiming to have or to be entitled to an interest in or over the land or part thereof, who objects to the making of the proposed order on the grounds that it will interfere with such interest, may give, in the manner specified in the said notice, notice to the Minister giving particulars of the claim, and if he does so, shall furnish to the Minister with the notice particulars of the grounds of objection.

(7) Any person, other than a person mentioned in subsection (6) of this section or a planning authority, who claims that the making of a proposed order to which a notice published pursuant to this section relates would, if made, be detrimental to him may, not later than two months after the publication of the notice in the Iris Oifigiúil, give notice in writing giving particulars of his claim to the Minister and, if he does so, shall furnish to the Minister with the notice particulars of the grounds of objection.

(8) The planning authority within whose area is situate the land, or any part thereof, to which a proposed order under this section will, if made, relate, may, if they object to the proposal, not later than two months after the publication in the Iris Oifigiúil pursuant to subsection (1) of this section, give notice in writing to that effect to the Minister and, if they do so, they shall furnish to the Minister with the notice particulars of the grounds of objection.

(9) The Minister, after considering any objection duly made in relation to a proposed designation order or to a proposed amendment of a designation order, may if he thinks fit, make in relation to the land specified in the notice published pursuant to this section or any part of such land whichever of the following is appropriate having regard to the terms of the notice:

( a) a designation order designating that land, or any part thereof, as, and establishing thereon, a refuge for all or any of the fauna F40 [ or flora ] indicated in the notice, or

( b) an appropriate order under section 8 of this Act amending a designation order,

and the order may include such provisions as the Minister thinks fit which relate to protective measures so specified.

(10) Subject to subsection (12) of this section, a person who has an interest in or over land specified in a notice published pursuant to this section shall be entitled to be paid compensation by the Minister in respect of any diminution in the value of his interest in or over the land consequent upon the making of the order to which the notice relates and any claim for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919, as amended by subsequent enactments, in all respects as if the claim arose in relation to compulsory acquisition of land.

(11) Subject to subsection (12) of this section, any person other than a person mentioned in subsection (10) of this section who, in consequence of the making of an order under this section, has had to incur expense or who has suffered financial loss or any inconvenience or other disadvantage shall be entitled to be paid by the Minister such amount (if any) of compensation as the Minister considers is reasonable.

(12) Any compensation under this section shall be assessed and payable only in respect of diminution in value, loss or disadvantage arising from the measures contained in the relevant order for the protection of the habitat requirements of the fauna F41 [ or flora ] to which the order relates.

(13) The Minister shall not revoke a designation order unless he considers that it is no longer practicable or is no longer desirable to maintain the refuge established by the order.

(14) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Commissioners, to the Board and to any planning authority within whose area the land to which the order relates, or any part of such land, is situate.

(15) Any person who contravenes a designation order shall be guilty of an offence.

Annotations:

Amendments:

F37

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000) s. 28(a), S.I. No. 371 of 2001.

F38

Inserted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(26), in effect as per reg. 1(3).

F39

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000) s. 28(b), S.I. No. 371 of 2001.

F40

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000) s. 28(c), S.I. No. 371 of 2001.

F41

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000) s. 28(d), S.I. No. 371 of 2001.

Editorial Notes:

E129

Power pursuant to section exercised (25.09.1991) by Refuge For Fauna (Cow Rock) Designation Order 1991 (S.I. No. 237 of 1991), in effect as per art. 1(2).

E130

Power pursuant to section exercised (25.09.1991) by Refuge For Fauna (Bull Rock) Designation Order 1991 (S.I. No. 236 of 1991), in effect as per art. 1(2).

E131

Power pursuant to section exercised (6.03.1989) by Refuge For Fauna (Old Head of Kinsale) Designation Order 1989 (S.I. No. 11 of 1989), in effect as per art. 1(2).

E132

Power pursuant to section exercised (12.06.1988) by Refuge For Fauna (Rockabill Island) Designation Order 1988 (S.I. No. 100 of 1988), in effect as per art. 1(2).

E133

Power pursuant to section exercised (12.06.1988) by Refuge For Fauna (Horn Head) Designation Order 1988 (S.I. No. 99 of 1988), in effect as per art. 1(2).

E134

Power pursuant to section exercised (12.06.1988) by Refuge For Fauna (Cliffs of Moher) Designation Order 1988 (S.I. No. 98 of 1988), in effect as per art. 1(2).

E135

Power pursuant to section exercised (12.03.1988) by Refuge For Fauna (Lady’s Island) Designation Order 1988 (S.I. No. 23 of 1988), in effect as per art. 1(2).

Agreement as to user and management of land.

18

18. (1) The Minister or, with his prior approval, any other person, may enter into an agreement with a person having an interest in or over land ensuring that the management of the land shall be conducted in a manner (to be specified in the agreement) which will not impair wildlife or its conservation.

(2) An agreement under this section shall be entered into only after consultation with the Minister for Agriculture and Fisheries, the Commissioners and any planning authority in whose area the relevant land or any part thereof is situate.

(3) An agreement under this section may provide for the payment by the Minister or any other person who is a party to the agreement of consideration, either by way of a single payment or by way of payment of an annual sum, to a person having, or claiming to be entitled to, an interest in or over the land to which the agreement relates.

(4) An agreement under this section may provide that the agreement shall be enforceable against persons deriving title to the land under the person having the interest in or over the land, and, in case such provision is included in the agreement, subject, where appropriate, to the agreement’s being registered under section 69 of the Registration of Title Act, 1964, as amended by section 66 of this Act, and to compliance with any rules made under section 126 of that Act which are relevant, it shall be so enforceable in respect of the person’s former interest as if the Minister, or the person who with the Minister’s approval entered into the agreement, was possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of that land.

(5) The Commissioners, the Board and any planning authority within whose area the land, or any part of the land, to which an agreement made under this section relates, shall be notified by the Minister of the agreement, and if the agreement is terminated and the Minister is aware thereof, of the termination.

(6) Where an agreement under this section to which the Minister is not a party is terminated, the parties to the agreement shall cause notice of the termination to be given to the Minister.

(7) In this section “ management” in relation to land means use of the land for agriculture or forestry, the carrying out of works on, in or under the land, the making of any change in the physical, topographical or ecological nature or characteristics of the land and the use of the land for educational or recreational purposes.

Annotations:

Editorial Notes:

E136

Previous affecting provision: provision made for Minister to enter into management agreement in accordance with section (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 12; revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), art. 73(1), in effect as per art. 1(3).

Chapter III

Protection of wild birds, protected animals and flora

Protection of wild birds.

19

19.Wild birds and their nests and eggs, other than wild birds of the species mentioned in the Third Schedule to this Act, shall be protected.

Protection of fauna (other than protected wild birds).

20

20.Animals which are of a species of fauna in relation to which section 23 of this Act applies shall be protected.

Annotations:

Editorial Notes:

E137

The Minister may grant a license to permit derogation from compliance with the requirements of this section as provided (4.10.2010) by European Communities (Birds and Natural Habitats) (Restrictions on Use of Poisoned Bait) Regulations 2010 (S.I. No. 481 od 2010, reg. 5.

Protection of flora.

21

21. (1) Where the Minister considers that a particular species, or particular species, of flora should be protected, he may by order declare the species to be protected either throughout the State or in a particular area or areas thereof and an order made under this section shall apply—

( a) in case the order declares a species of flora protected throughout the State, as regards any specimen of that species in every place in the State,

( b) in case the order declares a species of flora protected in a particular area or areas of the State, as regards any specimen of that species in every place in an area specified in the order;

provided that in case the Minister proposes to make an order under this section declaring a species of flora protected in a particular area or in particular areas of the State, he shall, before making the order, consult any planning authority in relation to whose area, or any part of such area, the proposed order would, if made, apply.

(2) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Board and to any planning authority in relation to whose area, or any part of such area, the order applies.

(3) Subject to subsection (5) of this section, a person shall not, save under and in accordance with a licence granted by the Minister under this section—

F42 [ ( a ) cut, pick, collect, uproot or otherwise take, injure, damage, or destroy any specimen to which this section applies or the flowers, roots, seeds, spores or other part of such specimen,

F43 [ ( b ) purchase, sell or exchange, transport, keep for sale or exchange, offer for sale or exchange or be in possession of any such specimen or any specimen of a species listed in Annex IV(B) of Council Directive 92/43/EEC of 21 May 1992 and including any amendments that shall be made thereto, whether alive or dead or the flowers, roots, seeds, spores or other part, product or derivative thereof. ] ]

( c) wilfully alter, damage, destroy or interfere with the habitat or environment of any species of flora to which an order under this section for the time being applies.

(4) A person who contravenes subsection (3) of this section shall be guilty of an offence.

(5) The Minister may grant a licence to a person for such scientific, educational or other purposes as shall be specified in the licence to do any or all of the following:

F44 [ ( a ) to cut, pick, collect, uproot or otherwise take flora of a species specified in the licence and which is of a species to which an order under this section for the time being applies or the flowers, roots, seeds, spores or other part of a specimen of the species so specified, ]

( b) to alter or otherwise interfere with the habitat or environment of any such specimen.

(6) Where in any proceedings for an offence under this section it is proved by the prosecutor that the person accused of the offence—

F45 [ ( a ) sold a plant whether alive or dead or the flowers, roots, seeds, spores or any part, product or derivative of a plant, which is of the same species as the plant, flowers, roots, seeds, spores or any part, product or derivative of a plant, as the case may be, to which the alleged offence relates, and

( b ) claimed, either expressly or by implication and whether by advertising or otherwise, that the plant, flowers, roots, seeds, spores or any other part, product or derivative sold came from or was wholly or partly grown in a particular place, and the place is in an area to which an order under this section applied at the time when the alleged offence was committed, ]

it shall be assumed, until the contrary is shown by the defendant, that the sale was in contravention of subsection (3) of this section.

(7) In any proceedings for an offence under this section, it shall be a defence for the defendant to show that the plant, flowers, roots F46 [ , seeds or spores ] or other thing to which the alleged offence relates was lawfully imported.

(8) A person shall not be convicted under this section and under section 46 of the Local Government (Planning and Development) Act, 1963, as amended by section 40 ( b) of the Local Government (Planning and Development) Act, 1976, in respect of the same act.

F47 [ (8A) In order to control the trade and collection of wild flora the Minister may make regulations providing that a person shall not, save under and in accordance with a licence granted in that behalf by the Minister and on payment to the Minister of the prescribed fee (if any), cut, pick, collect, uproot or otherwise take, injure, damage, or destroy any specimen of a species of flora which is of a species specified in the regulations or the flowers, roots, seeds, spores or other part of such specimen or cause to be cut, picked, collected, uprooted or otherwise taken, injured, damaged or destroyed any such specimen.

(8B) Where the Minister is satisfied that it is in the interests of the conservation of any species of wild flora so to do, the Minister may be regulations prohibit, or control in such manner as the Minister considers appropriate and specify in the regulations, the trade, collection, purchase or sale of that species or any part, product or derivative thereof for such period as may be so specified. ]

(9) In this section—

plant” includes a tree or shrub;

specimen to which this section applies” means any specimen of a species of flora which is a species to which an order under this section for the time being applies.

Annotations:

Amendments:

F42

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 29(a), S.I. No. 371 of 2001.

F43

Substituted (18.07.2005) by European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005), reg. 2(2).

F44

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s.29(b), S.I. No. 371 of 2001.

F45

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 29(c), S.I. No. 371 of 2001.

F46

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s.29(d).

F47

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 29(e), S.I. No. 371 of 2001.

Editorial Notes:

E138

Power pursuant to section exercised (21.05.2015) by Flora (Protection) Order 2015 (S.I. No. 356 of 2015).

E139

The Minister may grant a license to permit derogation from compliance with the requirements of this section as provided (4.10.2010) by European Communities (Birds and Natural Habitats) (Restrictions on Use of Poisoned Bait) Regulations 2010 (S.I. No. 481 of 2010, reg. 5.

E140

Previous affecting provision: subs. (3)(b) substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 29(a), S.I. No. 371 of 2001; substituted as per F-note above.

E141

Previous affecting provision: power pursuant to section exercised (14.04.1999) by Flora (Protection) Order 1999 (S.I. No. 94 of 1999); revoked (21.05.2015) by Flora (Protection) Order 2015 (S.I. No. 356 of 2015), art. 3, subject to transitional provisions in art. 4.

E142

Previous affecting provision: application of section modified (26.04.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 21; revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1), in effect as per art. 1(3).

E143

Previous affecting provision: Minister empowered to grant a license to permit a derogation from compliance with this section (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 25(1); revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1), in effect as per art. 1(3).

E144

Previous affecting provision: power pursuant to section exercised (20.10.1987) by Flora (Protection) Order 1987 (S.I. No. 274 of 1987); revoked (14.04.1999) by Flora Protection Order 1999 (S.I. No. 94 of 1999), art. 3.

E145

Power pursuant to section exercised (5.11.1980) by Flora (Protection) Order 1980 (S.I. No. 338 of 1980); revoked (20.10.1987) by Flora Protection Order 1987 (S.I. No. 274 of 1987), art. 3.

Enforcement of protection of wild birds.

22

22. (1) Subject to subsection (2) hereof, this section applies to every wild bird other than a wild bird of a species specified in the Third Schedule to this Act.

(2) The Minister may by regulations provide that—

( a) a wild bird of a species specified in the Third Schedule to this Act shall be a wild bird to which this section applies,

( b) this section shall not apply to a wild bird which is of a species specified in the regulations,

( c) in such places or areas as are specified in the regulations and as regards such period or periods as are so specified, subsection (4) of this section shall not have effect, either, as may be so specified, generally or as regards such species of wild bird as are so specified,

( d) this section shall not have effect in relation to the taking or removing by persons of a specified class of the eggs and nests of wild birds of a species so specified,

and in case any regulations under this subsection are for the time being in force, this section shall be construed and have effect subject to and in accordance with them; provided that regulations made by the Minister under this subsection and which deal with any matter mentioned in paragraph (a), (b) or (c) of this subsection shall be so made only after consultation with the Minister for Agriculture and Fisheries.

(3) A wild bird to which this section for the time being applies is in this Act referred to as a protected wild bird.

(4) Subject to the exceptions specified in subsection (5) of this section, any person who—

( a) (i) hunts a protected wild bird, other than a protected wild bird which is of a species specified in an order under section 24 of this Act, otherwise than under and in accordance with a permission or licence granted by the Minister under this Act, or

(ii) hunts a protected wild bird which is of a species specified in an order under section 24 of this Act, otherwise than—

(A) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29,

(B) under and in accordance with a licence granted under section 29 of this Act and (also) on a day, or during a period of days, specified in a relevant order under the said section 24,

( b) injures a protected wild bird otherwise than while hunting it,

(i) in case the protected wild bird is of a species other than a species specified in an order under section 24 of this Act, under and in accordance with a licence or permission granted by the Minister under this Act,

(ii) in case the protected wild bird is of a species so specified, either in the manner mentioned in clause (A) of paragraph (a) (ii) of this subsection, or in the manner and on a day, or during a period of days, mentioned in clause (B) of the said paragraph (a) (ii),

( c) wilfully takes or removes the eggs or nest of a protected wild bird otherwise than under and in accordance with such a licence,

( d) wilfully destroys, injures or mutilates the eggs or nest of a protected wild bird,

( e) wilfully disturbs a protected wild bird on or near a nest containing eggs or unflown young,

shall be guilty of an offence.

(5) It shall not be an offence for a person—

( a) while engaged in ornithology wilfully to disturb a protected wild bird, or

( b) while so engaged or engaged in agriculture, F48 [ aquaculture, fishing, forestry or turbary ] unintentionally to injure or kill a protected wild bird, or

F49 [ ( c ) to remove for conservation purposes or to destroy unintentionally the eggs or nest of a protected wild bird in the ordinary course of agriculture or forestry, ]

( d) to capture an injured or disabled protected wild bird F50 [ , or the orphaned and dependant young of such a bird, ] for the purpose of killing it humanely F51 [ ], or

( e) to kill humanely a protected wild bird which has been injured in the manner described in paragraph (b), or captured in the manner described in paragraph ( d) or injured in the circumstances described in paragraph (h) of this subsection F52 [ and where the bird is so injured or disabled that there is no reasonable chance of its recovering ], or

(f) F53 [ ]

( g) to destroy or remove any such nest which is built in or on an occupied building F54 [ unless the nest contains the eggs or young of a protected wild bird ], or

F55 [ ( h ) while constructing a road or while carrying on any archaeological operation, building operation or work of engineering construction or while constructing or carrying on such other operation or work as may be prescribed, unintentionally to kill or to injure a protected wild bird or to remove for conservation purposes or unintentionally to destroy, injure or mutilate the eggs or nest of a protected wild bird, ]

and nothing in this section shall make unlawful anything which is duly done pursuant to F56 [ a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000 , or which is duly done pursuant to any other statute ] or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(6) In any proceedings for an offence under this section relating to a protected wild bird which is of a species other than a species specified in Part I of the Fourth Schedule to this Act, it shall be a defence for the defendant to prove that any capturing or killing complained of was urgently necessary for the purpose of stopping damage described in section 42 (1) of this Act being caused and that in the particular circumstances of the case it was not practical for him to apply to the Minister beforehand for a permission under section 42 of this Act and that the defendant reasonably believed that damage mentioned in the said section 42 (1) was being caused by the protected wild bird to which the alleged offence relates or by protected wild birds of the same species as that of such protected wild bird.

(7) In any proceedings for an offence under this section in which it is alleged that the defendant wilfully disturbed a protected wild bird described in subsection (4) (e) of this section, it shall not be necessary for the prosecution to prove that at the time of the alleged offence the defendant was not engaged in ornithology.

(8) Proceedings for an offence under this section may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned.

(9) The Minister may grant a licence to a person—

( a) at any time to capture or kill humanely or capture and humanely kill a protected wild bird of a species specified in the licence for such educational, scientific or other purposes as shall be so specified,

( b) to hunt, in accordance with the licence, on such day or during such period of days as is specified in the licence, protected wild birds which are both pen-reared and of a species so specified,

( c) to so hunt, on such day or during such period of days, protected wild birds of a species so specified for the purpose of either training gun dogs for any field sport or holding gun dog trials,

( d) to F57 [ examine, inspect or ] take the nests or eggs of protected wild birds of a species so specified for such educational, scientific or other purposes as shall be so specified.

F58 [ ( e ) to take the eggs of a protected wild bird of a species specified in the licence for the purposes of having them hatched out for repopulation, or re-introduction to the wild or, for such purposes, to move such eggs from the nest of a bird so specified to that of another bird of the same species or for such other purposes as the Minister considers appropriate in the circumstances in respect of the species so specified,

( f ) to take or make photographic, video or other pictures of a protected wild bird of a species specified in the licence on or near a nest containing eggs or unflown young,

( g ) to have in possession, for a reasonable period of time

(i) an injured or disabled wild bird, or

(ii) one or more than one dependant young of a wild bird which is orphaned,

with the intention of tending and later releasing such bird or young back into the wild when and only when such bird or young, as the case may be, is no longer injured, disabled or dependant,

( h ) to retain possession of a wild bird, that for reasons of disability or for other reasons deemed reasonable by the Minister, would, if released, be unlikely to survive unaided in the wild. ]

(10) The Minister may by regulations provide that—

( a) subsection (6) of this section shall have effect in relation to any proceedings for offences under this section relating to protected wild birds of a species specified in both Part I of the Fourth Schedule to this Act and in the regulations,

( b) the said subsection (6) shall not have effect in relation to any such proceedings relating to protected wild birds of a species specified in the regulations,

and the said subsection (6) shall have effect accordingly.

Annotations:

Amendments:

F48

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(a)(i), S.I. No. 371 of 2001.

F49

Substituted (6.12.1985) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985), reg. 3(b), in effect as per reg. 1(2).

F50

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(a)(ii), S.I. No. 371 of 2001.

F51

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(a)(ii), S.I. No. 371 of 2001.

F52

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(a)(iii), S.I. No. 371 of 2001.

F53

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(a)(iv), S.I. No. 371 of 2001.

F54

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(a)(v), S.I. No. 371 of 2001.

F55

Substituted (6.12.1985) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985), reg. 3(d), in effect as per reg. 1(2).

F56

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(a)(vi), S.I. No. 371 of 2001.

F57

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(b)(i), S.I. No. 371 of 2001.

F58

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 30(b)(ii), S.I. No. 371 of 2001.

Modifications (not altering text):

C13

Application of subs. (5) potentially restricted (4.10.2010) by European Communities (Birds and Natural Habitats) (Restrictions on Use of Poisoned Bait) Regulations 2010 (S.I. No. 481 of 2010), reg. 4(4).

Prohibition of use of certain poisoned bait

4. ...

(4) For the avoidance of doubt, in the event of conflict between these Regulations and sections 22(5) and 23(7) of the Wildlife Act 1976 these Regulations prevail.

Editorial Notes:

E146

The Minister may grant a license to permit derogation from compliance with the requirements of this section as provided (4.10.2010) by European Communities (Birds and Natural Habitats) (Restrictions on Use of Poisoned Bait) Regulations 2010 (S.I. No. 481 od 2010, reg. 5.

E147

Power pursuant to section exercised (1.10.1980) by Wildlife Act, 1976 (Protection of Bullfinches) Regulations 1980 (S.I. No. 283 of 1980), in effect as per art. 2.

E148

Previous affecting provision: subs. (5)(f) substituted (6.12.1985) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985), reg. 3(c), in effect as per reg. 1(2); deleted as per F-note above.

Enforcement of protection of wild animals (other than wild birds).

23

23. (1) Subject to subsection (2) hereof, this section applies to any animal which is of a species of fauna specified in the Fifth Schedule to this Act.

(2) Subject to subsection (3) of this section, the Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations provide that—

( a) an animal of a species of fauna specified in the regulations (not being a species specified in the Fifth Schedule to this Act) shall be an animal to which this section applies,

( b) an animal of a species of fauna specified both in the regulations and in the said Fifth Schedule shall not be an animal to which this section applies,

( c) in such places or areas as are specified in the regulations and as regards such period or periods as are so specified, subsection (5) of this section shall not have effect either, as may be so specified, generally or as regards such species of animal as are so specified,

and in case any regulations under this subsection are for the time being in force, this section shall be construed and have effect subject to and in accordance with them.

(3) Regulations under this section—

( a) which provide that an animal of any species of fish or aquatic invertebrate shall be an animal to which this section applies, or

( b) the effect of which when made would be that this section would, for so long as the regulations are in force, cease to apply to animals which are of such a species,

shall be made or amended by the Minister only with the concurrence of the Minister for Agriculture and Fisheries who shall indicate his concurrence by signing the regulations.

(4) An animal to which this section for the time being applies is in this Act referred to as a protected wild animal.

(5) Any person who—

( a) hunts a protected wild animal which is not an exempted wild mammal otherwise than under and in accordance with a permission or licence granted by the Minister under this Act,

( b) hunts an exempted wild mammal otherwise than,

(i) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29, or

(ii) under and in accordance with a licence granted by the Minister under section 29 of this Act and (also) on a day, or during a period of days, specified in a relevant order under section 25 of this Act,

( c) injures a protected wild animal otherwise than while hunting it,

(i) in case the protected wild animal is not an exempted wild mammal, under and in accordance with such a permission or a licence granted by the Minister under this Act,

(ii) in case the protected wild animal is an exempted wild mammal, either,

(A) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29, or

(B) in the manner and on a day, or during a period of days, mentioned in subparagraph (ii) of paragraph (b) of this subsection,

( d) wilfully interferes with or destroys the breeding place F59 [ or resting place ] of any protected wild animal,

shall be guilty of an offence.

F60 [ (6) The Minister may grant a licence to a person

( a ) to take, capture or humanely kill or capture and humanely kill at any time a protected wild animal of a species specified in the licence for such educational, scientific or any other purpose as shall be specified in the licence, or

( b ) to take or make photographic, video or other pictures of a protected wild animal of a species so specified on or near the breeding place of such an animal, or

( c ) to have in possession, for a reasonable period of time

(i) an injured or disabled protected wild animal, or

(ii) one or more than one dependant young of a protected wild animal which is orphaned,

with the intention of tending and later releasing such animal or young back into the wild when and only when such animal or young, as the case may be, is no longer injured, disabled or dependant, or

( d ) to retain possession of a protected wild animal, that for reasons of disability or for other reasons deemed reasonable by the Minister, would, if released, be unlikely to survive unaided in the wild. ]

(7) Notwithstanding subsection (5) of this section, it shall not be an offence for a person—

( a) while engaged in agriculture, fishing or F61 [ aquaculture, forestry or turbary, ] unintentionally to injure or kill a protected wild animal, or

( b) while so engaged to interfere with or destroy the breeding place of such an animal, or

( c) while constructing a road or while carrying on any archaeological operation, building operation or work of engineering construction, or while constructing or carrying on such other operation or work as may be prescribed, F62 [ unintentionally to kill or injure such an animal or unintentionally to destroy or injure the breeding place or resting place ] of such an animal, or

( d) to capture an injured or disabled protected wild animal F63 [ , or the orphaned and dependant young of such an animal, ] for the purpose of killing it humanely or with the intention of tending it and of later releasing it F63 [ when, but only when, the said animal or its dependant young, as the case may be, are no longer disabled or dependant ] or

( e) to kill humanely a protected wild animal which is either injured in the manner described in paragraph (a) of this subsection or captured in the manner described in paragraph (d) of this subsection, or so to kill a protected wild animal injured in the circumstances described in paragraph (c) of this subsection, F64 [ and where the animal is so injured or disabled that there is no reasonable chance of its recovering, ]

and nothing in this section shall make unlawful,

(i) the taking and killing of hares by coursing at a regulated coursing match which is held both during a period specified as regards hares in a hares order and in a place to which such order applies,

(ii) the hunting of hares by means of a pack of beagles or harriers both during a period specified as regards hares in a hares order and in a place to which the order applies,

(iii) anything which section 3 (3) of the Whale Fisheries Act, 1937, permits to be done, or

(iv) anything which is duly done pursuant to F65 [ a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000 , or which is duly done pursuant to any other statute ] or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

F66 [ (7A) the provisions of subsection (7) of this section shall not apply to the species listed in Annex IV (A) of Council Directive 92/43/EEC of 21 May 1992, and including any amendments that shall be made thereto. ]

(8) In any proceedings for an offence under this section relating to a protected wild animal which is of a species other than a species specified in Part II of the Fourth Schedule to this Act, it shall be a defence for the defendant to prove that any capturing or killing complained of was urgently necessary for the purpose of stopping damage described in section 42 (1) of this Act being caused and that in the particular circumstances of the case it was not practical for him to apply to the Minister beforehand for a permission under section 42 of this Act and that the defendant reasonably believed that damage mentioned in the said section 42 (1) was being caused by the protected wild animal to which the alleged offence relates or by protected wild animals of the same species as that of such protected wild animal.

(9) In any proceedings for an offence under this section it shall not be necessary for the prosecution to prove that any act constituting (whether in whole or in part) the alleged offence was done otherwise than while the defendant was engaged in agriculture, fishing or F67 [ , aquaculture, forestry or turbary ] F68 [ ].

(10) Proceedings for an offence under this section may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned.

(11) The Minister may by regulations provide that—

( a) subsection (8) of this section shall have effect in relation to any proceedings for offences under this section relating to protected wild animals of a species specified both in Part II of the Fourth Schedule to this Act and in the regulations,

( b) the said subsection (8) shall not have effect in relation to any such proceedings relating to protected wild animals of a species specified in the regulations,

and the said subsection (8) shall have effect accordingly.

Annotations:

Amendments:

F59

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(a), S.I. No. 371 of 2001.

F60

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(b), S.I. No. 371 of 2001.

F61

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(c)(i), S.I. No. 371 of 2001.

F62

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(c)(ii), S.I. No. 371 of 2001.

F63

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(c)(iii), S.I. No. 371 of 2001.

F64

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(c)(iv), S.I. No. 371 of 2001.

F65

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(c)(v), S.I. No. 371 of 2001.

F66

Inserted (18.07.2005) by European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005), reg. 2(3).

F67

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 31(d), S.I. No. 371 of 2001.

F68

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000), s. 31(d).

Modifications (not altering text):

C14

Application of subs. (7) potentially restricted (4.10.2010) by European Communities (Birds and Natural Habitats) (Restrictions on Use of Poisoned Bait) Regulations 2010 (S.I. No. 481 of 2010), reg. 4(4).

Prohibition of use of certain poisoned bait

4. ...

(4) For the avoidance of doubt, in the event of conflict between these Regulations and sections 22(5) and 23(7) of the Wildlife Act 1976 these Regulations prevail.

Editorial Notes:

E149

Power pursuant to section exercised (1.06.1990) by Wildlife Act, 1976 (Protection of Wild Animals) Regulations 1990 (S.I. No. 112 of 1990), in effect as per art. 2.

E150

Power pursuant to section exercised (1.10.1980) by Wildlife Act 1976 (Protection of Wild Animals) Regulations 1980 (S.I. No. 282 of 1980), in effect as per art. 2.

F69 [ Prohibition on deer hunting with dogs.

23A

23A. (1) In this section deer includes a deer that is not a wild animal.

(2) Subject to subsection (3) , a person who hunts deer with two or more dogs shall be guilty of an offence.

(3) It shall not be an offence for a person on foot to hunt deer with 2 or more dogs, under and in accordance with

( a ) a licence granted under section 29 of this Act, or

( b ) a permission granted under section 42 of this Act. ]

Annotations:

Amendments:

F69

Inserted (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 3, commenced on enactment.

Editorial Notes:

E151

The section heading is taken from the amending section in the absence of one included in the amendment.

Open seasons for certain protected wild birds.

24

24. (1) Subject to sections 27 and 28 of this Act, the Minister may by order provide that any protected wild bird which is of a species specified in the order, may be hunted either throughout the State or in any part thereof specified in the order on a day or during a period of days so specified.

(2) An order under this section may contain different provisions in relation to different areas and different species of protected wild birds, including provisions limiting the total number of any particular such species which may, during a period of days specified in the order, be killed F70 [ ] in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

Annotations:

Amendments:

F70

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 33, S.I. No. 371 of 2001.

Editorial Notes:

E152

Power pursuant to section exercised (9.09.1998) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998).

E153

Power pursuant to section exercised (16.07.1996) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1996 (S.I. No. 220 of 1996).

E154

Power pursuant to section exercised (31.08.1989) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1989 (S.I. No. 221 of 1989).

E155

Power pursuant to section exercised (8.11.1984) by Wildlife (Wild Birds) (Open Season) (Amendment) Order 1984 (S.I. No. 283 of 1984).

E156

Power pursuant to section exercised (12.08.1982) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1982 (S.I. No. 266 of 1982).

E157

Power pursuant to section exercised (18.07.1980) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1980 (S.I. No. 229 of 1980).

E158

Power pursuant to section exercised (30.05.1979) by Wildlife (Wild Birds) (Open Seasons) Order 1979 (S.I. No. 192 of 1979).

E159

Previous affecting provision: power pursuant to section exercised (for periods in 1978 and 1979) by Wild Birds (Open Seasons) Order 1978 (S.I. No. 201 of 1978).; spent.

E160

Previous affecting provision: power pursuant to section exercised (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997); superseded (9.09.1998) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998), art. 4.

E161

Previous affecting provision; power pursuant to section exercised (16.07.1996) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1996 (S.I. No. 219 of 1996); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E162

Previous affecting provision: power pursuant to section exercised (22.11.1995) by Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1995 (S.I. No. 304 of 1995); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E163

Previous affecting provision: power pursuant to section exercised (15.09.1995) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1995 (S.I. No. 249 of 1995); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E164

Previous affecting provision: power pursuant to section exercised (for period 1.11.1993 to 30.11.1993) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1993 (S.I. No. 255 of 1993); spent.

E165

Previous affecting provision: power pursuant to section exercised (for period 1.11.1992 to 30.11.1992) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1992 (S.I. No. 233 of 1992); spent.

E166

Previous affecting provision: power pursuant to section exercised (for period 1.11.1991 to 30.11.1991) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1991 (S.I. No. 268 of 1991); spent.

E167

Previous affecting provision: power pursuant to section exercised (10.09.1986) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.

E168

Previous affecting provision: power pursuant to section exercised (for period 16.11.1985 to 4.01.1986) by Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1985 (S.I. No. 347 of 1985); spent.

E169

Previous affecting provision: power pursuant to section exercised (29.10.1985) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1985 (S.I. No. 346 of 1985); superseded (10.09.1986) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986), art. 3.

E170

Previous affecting provision: power pursuant to section exercised (for periods in 1977 and 1978) by Wild Birds (Open Seasons) Order 1977 (S.I. No. 243 of 1977); spent.

Open seasons for certain wild mammals.

25

25. (1) Subject to sections 27 and 28 of this Act, the Minister may by order provide that any wild mammal (being a protected wild animal) which is of a species specified in the order (in this Act referred to as an exempted wild mammal) may be hunted in a manner so specified either throughout the State or in any part thereof specified in the order, on a day or during a period of days so specified.

(2) An order under this section may contain different provisions in relation to different areas and different species of exempted wild mammals, including provisions limiting the total number of any particular species of such mammal which may, during a period of days specified in the order, be killed F71 [ ] in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

Annotations:

Amendments:

F71

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 34, S.I. No. 371 of 2001.

Editorial Notes:

E171

Power pursuant to section exercised (27.08.2008) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) (No. 2) Order 2008 (S.I. No. 346 of 2008).

E172

Power pursuant to section exercised (14.02.2008) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2008 (S.I. No. 27 of 2008).

E173

Previous affecting provision: power pursuant to section exercised (9.09.1998) by Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998); revoked (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005), art. 5.

E174

Previous affecting provision: power pursuant to section exercised (10.09.1986) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1986 (S.I. No. 306 of 1986); spent on revocation of Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998) (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005), art. 5.

E175

Previous affecting provision: power pursuant to section exercised (30.05.1979) by Wildlife (Wild Mammals) (Open Seasons) Order 1979 (S.I. No. 193 of 1979); revoked (9.09.1998) by Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998), reg. 4.

E176

Previous affecting provision: power pursuant to section exercised (for periods in 1978 and 1979) by Wildlife (Wild Mammals) (Open Seasons) Order 1978 (S.I. No. 202 of 1978); spent.

E177

Previous affecting provision: power pursuant to section exercised (for periods in 1977 and 1978) by Wildlife (Wild Mammals) (Open Seasons) Order 1977 (S.I. No. 240 of 1977); spent.

Licences to hunt otters or deer and to hunt or course hares.

26

26. (1) F72 [ ]

(2) The Minister may grant to the master or other person having charge for the time being of a pack of beagles or harriers a licence to hunt hares in any district or districts specified in the licence with that pack on such day or days (being a day or days which are not specified in a hares order) as are both specified in the licence and are in the year in which the licence is granted.

(3) The Minister may, on an application made by any coursing club which is affiliated to the Irish Coursing Club, grant to the applicant a licence to hold, on such day or days (being a day or days which are not specified in a hares order) as are both specified in the licence and are in the year in which the licence is granted, regulated coursing matches.

Annotations:

Amendments:

F72

Deleted (10.07.2010) by Wildlife (Amendment) Act 2010, (19/2010), s. 2.

Editorial Notes:

E178

Previous affecting provision: subs. (1)(i) deleted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 35, S.I. No. 371 of 2001; subsection deleted as per F-note above.

Temporary suspension of open seasons.

27

27. (1) Where the Minister is satisfied that because of the severity of weather conditions occurring in the State or elsewhere, or for any other reason (which reason shall be specified in the order), it is desirable, in the interest of conserving fauna, to make an order under this section, he may by order prohibit during such period not exceeding one month as may be specified in the order, either throughout the State or in such area or areas thereof as may be so specified, the hunting of—

( a) any protected wild bird which is of a species specified both in an order under section 24 of this Act and in the order under this subsection, or

( b) any exempted wild mammal which is of a species specified in the order under this subsection.

(2) In case before the commencement of an order under this section an order under section 24 or section 25 of this Act has been made and has not been revoked, the following provisions shall apply—

( a) in case immediately before such commencement the order under the said section 24 or 25, as the case may be, was in force, it shall not have effect in relation to any protected wild bird or exempted wild mammal specified in the order under this section at any time during the period so specified, and

( b) in case immediately before such commencement the order under the said section 24 or 25, as the case may be, had not come into force, then, notwithstanding anything contained in the order, unless the order under this section is sooner revoked, as regards any such protected wild bird or exempted wild mammal, the order under the said section 24 or 25, as the case may be, shall not come into force until the expiration of the period specified in the order under this section.

(3) The Minister may by order extend the period specified in an order under subsection (1) of this section; provided that the period during which a prohibition under this section is to remain in force shall in no case exceed two months.

Annotations:

Editorial Notes:

E179

Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 30.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010); spent.

E180

Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 21.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 598 of 2010); expired and superseded (21.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010), art. 2.

E181

Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 14.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) Order 2010 (S.I. No. 582 of 2010); expired and superseded (14.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 598 of 2010), art. 3.

E182

Previous affecting provision: power pursuant to section exercised (for period 15.01.2010 to 20.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010); spent.

E183

Previous affecting provision: power pursuant to section exercised (for period 6.01.2010 to 15.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) Order 2010 (S.I. No. 2 of 2010); amended (15.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010), art. 2; expired.

E184

Previous affecting provision: power pursuant to section exercised ( for period 18.01.1985 to 31.01.1985) by Wildlife Act, 1976 (Section 27) Order 1985 (S.I. No. 11 of 1985); spent.

E185

Previous affecting provision: power pursuant to section exercised (for period 23.01.1982 to 31.01.1982) by Wildlife Act, 1976 (Section 27) (No. 2) Order 1982 (S.I. No. 15 of 1982); spent.

E186

Previous affecting provision: power pursuant to section exercised (for period 13.01.1982 to 22.01.1982) by Wildlife Act, 1976 (Section 27) Order 1982. (S.I. No. 3 of 1982); spent.

Chapter IV

Restrictions to protect wildlife

General restriction as regards hunting or killing with firearms certain exempted wild mammals and certain protected wild birds.

28

28. (1) A person shall not with firearms hunt or kill on any land an exempted wild mammal or a protected wild bird of a species specified in an order under section 24 of this Act which is for the time being in force unless—

( a) the exempted wild mammal or the protected wild bird is hunted or killed pursuant to and in accordance with a licence granted under this Act, or deemed to have been granted under section 29 of this Act, and

( b) the person is in relation to the land a qualified person for the purposes of this section.

(2) A person shall in relation to land be qualified for the purposes of this section if he is at least sixteen years of age and—

( a) is entitled to sporting rights over the land, or

( b) is the guest, invitee, servant or agent, or possesses the written authority of a person who is entitled to sporting rights over the land, or

( c) is a member of a body of persons which is entitled to sporting rights over the land or which has such authority, or

( d) is a person who is of a class or description which the Minister by regulations declares to be a qualified class or description for the purposes of this section.

F73 [ (2A) ( a ) An applicant for

(i) the grant of a licence under section 29 of this Act, or

(ii) the grant or renewal of a certificate to which section 29(5) of this Act relates,

may, before the granting of any such licence or the granting or renewal of any such certificate, be required to supply satisfactory evidence that the applicant is a competent person to hold such a licence.

( b ) The evidence required under paragraph (a) of this subsection shall include the ability to identify certain species of fauna and to have a satisfactory knowledge of the relevant provisions of the Wildlife Acts, 1976 and 2000 , and of any instruments made under those Acts.

( c ) The Minister may make regulations for the purpose of giving effect to this subsection. ]

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Annotations:

Amendments:

F73

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000), s. 37, S.I. No. 371 of 2001.

29

F74 [ Licences to hunt with firearms.

29. (1) Subject to section 75(1) of this Act, the Minister may, on application to the Minister in that behalf, if he or she thinks fit, and on payment of the prescribed fee (if any), grant to a person, who when making the application makes a declaration in a form approved of for the purposes of this section by the Minister, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, and such conditions (if any) as the Minister may attach to the licence, exempted wild mammals (other than hares).

(2) In determining an application for a licence under subsection (1) or subsection (5)(b) of this section or a renewal under subsection (6) of this section, the Minister shall have regard to the conservation requirements of the species of protected wild birds or exempted wild mammals concerned.

(3) ( a ) Notwithstanding subsection (2) of this section, and subject to this subsection, the Minister, before granting a licence under subsection (1) or subsection (5)(b) or renewing a licence under subsection (6) , shall be of the opinion that the application is bona fide and that there is no good reason to refuse to grant the licence or renew it.

( b ) The Minister may, for the purpose of establishing that there is no good reason to refuse to grant or renew a licence under this section to a person ordinarily resident outside the State, treat any of the following as prima facie evidence of suitability to so grant or renew:

(i) in the case of a person resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which paragraphs (4) and (5) of Regulation 7 of the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 ( S.I. No. 362 of 1993 ), relate, or

(ii) in any other case, any other permit, licence, authorisation or other document duly issued by an appropriate authority or body outside the State which the Minister considers acceptable.

( c ) The Minister may make such enquiries as he or she considers appropriate as to the suitability of any applicant for a licence under this section.

(4) A licence granted or renewed by the Minister under this section shall remain in force for a period beginning on the day on which the licence is granted or renewed and ending on the next following 31st day of July and subject to its terms the licence shall operate to authorise the holder of the licence, for so long as the licence is in force, to hunt and kill with firearms any fauna to which the licence relates pursuant to and in accordance with such orders (if any) made under section 24 or 25 of this Act as are for the time being in force.

(5) ( a ) F75 [ Subject to subsection (5A) , where ] a person applies to a Superintendent of the Garda S í och á na for the grant of a firearm certificate under section 3 of the Firearms Act, 1925 , or for the grant of a firearm certificate under section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000 , or for the renewal under section 9 of the Firearms Act, 1964 , of a firearm certificate granted under the said section 3 and makes a declaration referred to in subsection (1) of this section, the certificate shall, if it is endorsed in the manner described in subsection (8) of this section, for the purposes of sections 22(4) and 23(5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75(1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates

(i) to hunt and kill pursuant to any order under section 24 of this Act which for the time being is in force any protected wild bird,

(ii) to hunt and kill pursuant to and in accordance with any order under section 25 of this Act which is so in force, any hare.

( b ) Notwithstanding the provisions of paragraph (a) of this subsection, the Minister may, on application to him or her in that behalf, subject to section 75(1) of this Act, during the period referred to in subsection (2)(a)(i) of section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or that period as varied under that section, if the Minister thinks fit, grant to a person ordinarily resident outside the State, who when making the application makes a declaration referred to in subsection (1) of this section, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, and such conditions (if any) as the Minister may attach to the licence, protected wild birds or hares to which an order under section 24 or section 25 of this Act for the time being applies.

( c ) Paragraph ( b ) of this subsection shall expire at the end of the period referred to in subsection (2)(a)(i) of section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or that period as varied under that section.

F76 [ (5A) ( a ) A firearm certificate to which this subsection applies shall for the purposes of sections 22(4) and 23(5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75(1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates, to engage in the activities referred to in subparagraphs (i) and (ii) of subsection (5)(a) .

( b ) This subsection applies to a firearm certificate that is granted

(i) in respect of a shot-gun, and

(ii) on or after 1 August 2009 F77 [ ] . ]

(6) A licence granted by the Minister under this section (other than a licence deemed pursuant to subsection (5)(a) of this section to have been so granted) may, if the Minister thinks fit, be renewed by the Minister on the application of the holder of the licence who when making the application makes a declaration referred to in subsection (1) of this section.

(7) A person aggrieved by a refusal by the Minister to grant a licence under subsection (1) or subsection (5)(b) of this section or to renew a licence under subsection (6) of this section may appeal to a Judge of the District Court against the refusal, and in determining the appeal the Judge may

( a ) confirm the refusal, or

( b ) allow the appeal, inform the Minister of his or her decision and direct the Minister as soon as may be to grant to the applicant or renew, as may be appropriate, a licence under this section.

(8) Where a firearm certificate is granted to a person described in subsection (5)(a) of this section, there shall be endorsed on the certificate the following:

`This certificate, for so long as it is in force, authorises the person to whom it is granted, with the firearm to which it relates

( a ) to hunt and kill pursuant to any order under section 24 of the Wildlife Act, 1976 , which is for the time being in force any protected wild bird within the meaning of that Act,

( b ) to hunt and kill pursuant to and in accordance with any order under section 25 of the said Act which is so in force, any hare.'.

(9) Where any convention, protocol or other agreement between the State and any other country or territory provides for the reciprocal recognition of licences granted or deemed to have been granted under this section and other licences, permits, permissions or authorisations granted or issued in that country or territory, the Minister may by regulations declare and provide that any such other licence, permit, permission or authorisation which is for the time being in force shall be deemed to be, and shall have the same legal effect as a licence under this section.

(10) ( a ) The holder of a licence granted or renewed under this section or a firearm certificate endorsed in the manner described in subsection (8) of this section shall, if the Minister so requires either by a notice in writing sent to the holder or by a notice published for the purposes of this subsection in at least one daily newspaper published in the State, give to the Minister the following information, namely, a statement of the number and species of protected wild birds and the number and species of protected wild animals shot and taken by the holder during such period as the Minister specifies in the notice and either, as may be so specified, in any place in the State or in any place in a part of the State which is so specified.

( b ) The Minister may by regulations require the holder of a licence granted or renewed under this section or of a firearm certificate endorsed in the manner described in subsection (8) of this section to tag or otherwise mark, in a manner and at a time specified, any animal or bird captured or killed under such a licence or certificate.

(11) A person who fails to comply with a requirement of the Minister under subsection (10) of this section shall be guilty of an offence.

(12) Nothing in this section shall be construed as affecting anything contained in the Firearms Acts, 1925 to 2000. ]

Annotations:

Amendments:

F74

Substituted (14.07.2000) Firearms (Firearms Certificates for Non-Residents) Act 2000 (20/2000), s. 4, commenced as per s. 8(3)..

F75

Substituted (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 4(a), commenced on enactment.

F76

Inserted (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 4(b), commenced on enactment.

F77

Deleted (24.07.2012) by Wildlife (Amendment) Act 2012 (29/2012), s. 1, commenced on enactment.

Editorial Notes:

E187

Previous affecting provision: application of section restricted (13.07.1998) by Firearms (Temporary Provisions) Act 1998 (32/1998), s. 2, commenced on enactment subject to transitional provision in s. 3; expired (14.07.2000) as per s. 4(4), (5) and Firearms (Temporary Provisions) Act, 1998, Continuance Order 1999 (S.I. No. 189 of 1999), art. 2.

Hunting restricted on or over foreshore belonging to State and certain land so belonging.

30

F78 [ 30. (1) ( a ) A person shall not, without permission given in writing by the Minister, hunt protected wild animals and wild birds on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake, or accretion from the sea where such land is owned by the State.

( b ) The Minister may by regulations

(i) in relation to wild birds

(I) apply this section, either generally or by reference to one or more species, to wild birds, or

(II) apply this section generally to species of wild birds subject to the exclusion of one or more such species,

and

(ii) in relation to wild animals

(I) apply this section, either generally or by reference to one or more species, to wild animals which are not protected wild animals, or

(II) apply this section generally to species of wild animals which are not protected wild animals, subject to the exclusion of one or more such species.

( c ) The Minister may attach conditions in writing to any permission given under this subsection and may at any time vary such conditions or withdraw any such permission.

(2) In determining an application for permission under this section, the Minister shall have regard to the conservation requirements of the species concerned.

(3) Any person who contravenes subsection (1) of this section or fails to comply with a condition under that subsection shall be guilty of an offence. ]

Annotations:

Amendments:

F78

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 38, S.I. No. 371 of 2001.

Sale, purchase and possession of certain perching birds prohibited.

31

31. (1) It shall be an offence for any person to sell, purchase or have in his possession a live perching bird to which this section applies other than a close-ringed specimen bred in captivity F79 [ ; but nothing in this subsection shall make unlawful the possession consequent upon the capture of any such bird pursuant to and in accordance with a licence or permission granted under this Act ].

(2) This section applies to any live perching bird (order Passeriformes) of a species which occurs in a wild state in the State, Northern Ireland, Great Britain, the Channel Islands or the Isle of Man and which is not a species specified in the Third Schedule to this Act.

(3) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that—

( a) he lawfully acquired the relevant perching bird before the commencement of this section, or

( b) he lawfully acquired such bird from a person who so acquired it before such commencement.

(4) In this section “ close-ringed specimen” means a specimen of live perching bird (order Passeriformes) fitted with a continuous metal band or ring which has been slipped over its foot and on to its leg F80 [ not later than 10 days after it has been hatched. ]

Annotations:

Amendments:

F79

Inserted (31.07.2000) by Wildlife (Amendment) Act 2000 (38/2000), s. 39(a), S.I. No. 371 of 2001.

F80

Substituted (31.07.2000) by Wildlife (Amendment) Act 2000 (38/2000), s. 39(b), S.I. No. 371 of 2001.

Ringing and marking, and possession of cannon-nets, etc. restricted.

32

32. F81 [ (1) It shall be an offence for a person, otherwise than pursuant to and in accordance with a licence granted by the Minister for the purposes of this subsection, to

( a ) mark by cutting, branding or tattooing, or

( b ) attach any band, ring, microchip, tag or other marking device to,

any wild animal or wild bird or to take by net, trap or by any other means any such animal or bird for the purposes of so marking it or attaching to it any band, ring, microchip, tag or other marking device.

(1A) Subject to subsection (4) of section 31 of this Act, the Minister may by regulations specify the method of marking, including the type and size of any band, ring, microchip, tag or other marking device or substance, for the purposes of either or both the said section 31 and of this section and different methods may be specified for different species.

(2) Subsection (1) of this section shall not apply to

( a ) the close ringing of artificially reared wild birds,

( b ) captive bred birds prescribed in an open seasons order,

( c ) captive bred waterfowl collections, or

( d ) the clipping of the feathers of an artificially reared protected wild bird for purposes of the confinement prior to the release into the wild of such protected wild bird. ]

(3) It shall be an offence for a person to import F82 [ into the State from outside the European Union ] or have in his possession a cannon-net, mist-net, rocket-net or similar appliance for taking or trapping unless he is the holder of a licence granted by the Minister for the purposes of subsection (1) of this section.

F83 [ (3A) The granting of a licence under subsection (3) of this section shall not be construed as restricting any application of, or removing any obligation to comply with, the Firearms Acts, 1925 to 2000. ]

(4) A licence granted for the purposes of subsection (1) of this section may, as the Minister thinks fit, apply to wild animals and wild birds (other than artificially-reared wild birds) generally or to such species of such animals and birds as are specified in the licence.

(5) A licence granted for the purposes of subsection (1) of this section may be expressed, and if so expressed shall operate, to authorise the doing of, within an area or areas specified in the licence, and only within such area or areas, the things permitted to be done by the licence.

(6) A person shall not be convicted under this section and under section 22 , 23 or 34 of this Act in respect of the same act.

Annotations:

Amendments:

F81

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 40(a), S.I. No. 371 of 2001.

F82

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 40(b), S.I. No. 371 of 2001.

F83

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 40(c), S.I. No. 371 of 2001.

Restriction on use of certain firearms etc.

33

33. (1) It shall be an offence for a person to F84 [ hunt or injure in the course of hunting ]

( a) with a repeating or automatic shotgun (other than a repeating or automatic shotgun which is adapted or modified so as to render it incapable of carrying more than three shotgun cartridges), with an airgun, air-rifle, gas-rifle, pistol or revolver, or with any firearm fitted with a silencer device, any wild bird,

( b) with a rifle, any protected wild bird.

(2) It shall be an offence for a person to F85 [ hunt ] or injure any wild bird or wild F85 [ animal ] with a spring gun, or with tracer shot or with F85 [ any explosive other than ammunition for, and used with, a firearm ].

(3) It shall be an offence for a person to F86 [ hunt or injure in the course of hunting ] with a shotgun a protected wild animal other than a hare F87 [ otherwise than under and in accordance with a licence granted in that behalf by the Minister. ]

(4) Subject to the foregoing subsections of this section, the Minister may make regulations specifying the type and calibre of firearms and ammunition which may be used to hunt wild birds and wild F88 [ animals ] and providing that firearms and ammunition of any other type and calibre shall not be used to hunt such birds or F88 [ animals ].

(5) In this section “ rifle” includes both a gas-rifle and an air-rifle.

Annotations:

Amendments:

F84

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 41(a), S.I. No. 371 of 2001.

F85

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000) s. 41(b), S.I. No. 371 of 2001.

F86

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 41(c), S.I. No. 371 of 2001.

F87

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 41(c), S.I. No. 371 of 2001.

F88

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 41(d), S.I. No. 371 of 2001.

Editorial Notes:

E188

Power pursuant to subs. (4) exercised (21.07.1977) by Wildlife Act, 1976 (Firearms and Ammunition) Regulations 1977 (S.I. No. 239 of 1977).

Certain use of traps, snares etc. prohibited.

34

34. (1) Notwithstanding anything contained in this Act apart from this section but subject to section 42, a person shall not—

F89 [ ( a ) hunt any wild bird, wild mammal or protected wild animal by means of a trap, snare, net, line, hook, arrow, dart, spear or similar device however propelled, instrument or missile, or birdlime or any substance of a like nature, or any poisonous, poisoned or stupefying bait, any gas or smoke or chemical wetting agent or any electrical device which is calculated or likely to cause death, unconsciousness or bodily injury to such bird, mammal or animal, or

( b ) affix, place or set

(i) any trap, snare or net for killing or taking a wild bird, wild mammal or protected wild animal, or

(ii) any line, hook, electrical device or other device or instrument, calculated or likely to cause death or bodily injury to any wild bird, wild mammal or protected wild animal coming in contact with it,

on any tree, pole, cairn or other structure in, or in the vicinity of, any place frequented by wild birds, wild mammals or protected wild animals, or

( c ) lay any poisonous or poisoned substance or stupefying bait, or any gas or smoke or chemical wetting agent, being a substance, bait or agent which is calculated or is likely to cause injury, or facilitate the capture of, a wild bird, wild mammal or protected wild animal, in or in the vicinity of, any place mentioned in paragraph (b) of this subsection, or on any tree, pole, cairn or other structure in or in the vicinity of such place. ]

(2) Subsection (1) of this section shall not apply to or render unlawful—

( a) the affixing, placing or setting of a trap, snare or net which for the time being stands approved for the purposes of this section by virtue of regulations under this section,

( b) the taking or killing by means of any such trap, snare or net of any wild bird which is not a protected wild bird or any F90 [ wild animal ] which is not a protected wild animal,

and nothing in the said subsection (1) shall make unlawful anything which is duly done pursuant to a statute (other than this Act) or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(3) Subsection (1) of this section shall not apply to any of the following if done pursuant to and in accordance with a licence granted in that behalf by the Minister:

( a) the capture alive, on land specified in the licence by means of a trap, snare or net of any species of wild bird F91 [ or wild animal ] specified in the licence, for the purpose of propagating or of improving the quality of such species,

( b) the capture alive by means of nets of hares by or on behalf, or at the request, of a coursing club affiliated to the Irish Coursing Club,

( c) the capture alive by means of nets or other devices of hawks or falcons for the purpose of lawful falconry within the State,

F92 [ ( cc ) the capture or killing of any wild bird or any wild animal in or on, or the removal of any such bird or animal from, any premises or other land by means of any poisoned, poisonous or stupefying substance specified in the licence, or any gas or smoke or chemical wetting agent or other devices so specified, for the purpose of stopping or preventing serious damage being caused to any thing to which section 42(1) of this Act relates, ]

F93 [ ( d ) the capture alive of, or the taking of dead, wild birds or wild animals, for research or other scientific or educational purposes or for removal of live wild birds or wild animals to a new habitat, or to a place specified in the licence. ]

(4) The Minister may by regulations declare a trap, snare or net which is of a particular type, class or description specified in the regulations—

( a) to be approved of for the purposes of this section and may, if he thinks fit, regulate its use as regards wild birds or wild F94 [ animals. ]

( b) to be a trap, snare or net to which subsection (6) of this section applies.

F95 [ (4A) In relation to wild animals to which this section does not otherwise apply, the Minister may by regulations

( a ) apply this section to such wild animals, either generally or by reference to one or more species, or

( b ) apply this section generally to species of such wild animals, subject to the exclusion of one or more such species. ]

(5) Any person who contravenes subsection (1) of this section shall be guilty of an offence.

F96 [ (6) Any person who imports into the State from outside the European Union, or has in his possession other than pursuant to and in accordance with a licence granted by the Minister in that behalf, or who in the course of his trade or business sells or offers for sale a trap, snare or net which pursuant to subsection (4) of this section is for the time being declared by the Minister to be a trap, snare or net to which this subsection applies shall be guilty of an offence. ]

(7) A person shall not be convicted under this section and under section 22 or section 23 of this Act or section 8 of the Protection of Animals Act, 1911, in respect of the same act.

F97 [ (8) The other provisions of this section are without prejudice to sections 7 and 14 of the Protection of Animals (Amendment) Act, 1965 . ]

Annotations:

Amendments:

F89

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(a), S.I. No. 371 of 2001.

F90

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000), s. 42(b), S.I. No. 371 of 2001.

F91

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(c)(i), S.I. No. 371 of 2001.

F92

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(c)(ii), S.I. No. 371 of 2001.

F93

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(c)(iii), S.I. No. 371 of 2001.

F94

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(d), S.I. No. 371 of 2001.

F95

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(e), S.I. No. 371 of 2001.

F96

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(f), S.I. No. 371 of 2001.

F97

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 42(g), S.I. No. 371 of 2001.

Editorial Notes:

E189

Power pursuant to subs. (4) exercised (19.11.2003) by Wildlife Act 1976 (Approved Traps, Snares and Nets) Regulations 2003 (S.I. No. 620 of 2003).

E190

Previous affecting provision: power pursuant to subs. (4) exercised (23.09.1977) by Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations 1977 (S.I. No. 307 of 1977); revoked (19.11.2003) by Wildlife Act 1976 (Approved Traps, Snares and Nets) Regulations 2003 (S.I. No. 620 of 2003), reg. 5.

Certain use of scarecrows, decoys birdcalls and calls of wild mammals restricted.

35

35. (1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not—

F98 [ ( a ) use, for the purpose of hunting, repelling or scaring any wild bird or any wild animal

(i) any live wild bird or live wild animal which is tethered or secured by braces or other similar appliance or which is confined in a cage or pen or which is blind, maimed or injured, or

(ii) any kite, light trap, balloon, aircraft (including model aircraft) or similar device,

or

( b ) use, as a decoy for the purpose of hunting any wild bird or any wild animal, any live wild animal or live bird, or, ]

( c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than F99 [ wood pigeons, ] wild duck and wild geese, or

F100 [ ( d ) use an electrical or other instrument or appliance (including recording apparatus) emitting sound, for the purpose of hunting any wild bird or any wild animal. ]

(2) Subsection (1) of this section shall not apply to the use of a whistle or similar instrument or appliance imitating, or emitting calls similar to, the calls of plover, wild duck or wild geese, which is operated (whether wholly or partly) manually or orally, for the purpose of hunting any of those wild birds.

(3) Notwithstanding the foregoing provisions of this section, the Minister may by order prohibit throughout the State or in any particular area thereof—

F101 [ ( ( a ) the use for hunting, repelling or scaring any wild bird or any wild animal of a species specified in the order of any stuffed or artificial decoy or any device, whistle, instrument or appliance which is of a particular type, class or description specified in the order, or, ]

( b) the use of any orally or manually operated whistle or other instrument or appliance (not being recording apparatus) which imitates, or emits calls similar to, the calls of F102 [ plover, ] wild duck or wild geese or emits recorded such calls.

F103 [ (4) Notwithstanding the foregoing provisions of this section, a decoy, vehicle or an instrument or appliance, including electrical or other recording apparatus emitting sound for the purpose of repelling, scaring or capturing any wild bird or any wild animal, may be used, pursuant to and in accordance with a licence granted in that behalf by the Minister, for scientific research or for another purpose approved of by the Minister. ]

F104 [ (4A) Nothing in this section shall be construed as restricting

( a ) the practice of falconry lawfully carried out in accordance with a licence or licences granted in accordance with section 41 of this Act, or

( b ) the taking, killing or use of a wild animal, which is not a protected wild animal, for the purpose of, or while engaged in the practice of fishing. ]

(5) The Minister may grant to a person a licence to use as a decoy a live wild bird which is of a species specified in the Third Schedule to this Act and which is confined in a cage or pen and every licence granted pursuant to this subsection shall have attached thereto the following conditions, namely—

( a) the bird shall be so used only for hunting birds of the same species, and

( b) the bird while being so used shall be regularly provided by the holder of the licence, or by someone on his behalf, with ample food and water and shall, when caged, only be kept in a cage which is of sufficient dimensions to enable it to move and exercise freely.

(6) A person who—

( a) otherwise than pursuant to and in accordance with a licence granted by the Minister under subsection (4) or (5) of this section does anything prohibited by subsection (1) of this section,

( b) contravenes an order made by the Minister under this section,

shall be guilty of an offence.

Annotations:

Amendments:

F98

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 43(a)(i), S.I. No. 371 of 2001.

F99

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 43(a)(ii), S.I. No. 371 of 2001.

F100

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 43(a)(iii), S.I. No. 371 of 2001.

F101

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 43(b)(i), S.I. No. 371 of 2001.

F102

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 43(b)(ii), S.I. No. 371 of 2001.

F103

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 43(c)

F104

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 43(c), S.I. No. 371 of 2001.

Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.

36

36. (1) Notwithstanding anything contained in this Act apart from this section F105 [ ], a person shall not hunt or disturb for the purpose of hunting—

( a) any F106 [ wild animal ] by means of a mechanically-propelled vehicle, vessel or aircraft, whether it is being so propelled or is stationary,

( b) any F107 [ wild bird ] by means of such a vehicle, vessel or aircraft while it is being so propelled.

(2) Notwithstanding subsection (1) of this section, a mechanically-propelled vehicle, vessel or aircraft may be used to capture or kill, pursuant to and in accordance with a licence granted in that behalf by the Minister and for such educational, scientific or other purposes as are specified in the licence, F108 [ wild birds or wild animals ] of a species so specified.

(3) Subsection (1) of this section shall not make unlawful anything which section 3 (3) of the Whale Fisheries Act, 1937, permits to be done.

(4) Subject to subsections (2) and (3) of this section, a person who contravenes subsection (1) of this section shall be guilty of an offence.

F109 [ (5) In this section, mechanically-propelled includes propulsion which is electrical or partly electrical and partly mechanical. ]

Annotations:

Amendments:

F105

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 44(a)(i), S.I. No. 371 of 2001.

F106

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 44(a)(ii), S.I. No. 371 of 2001.

F107

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000), s. 44(a)(iii), S.I. No. 371 of 2001.

F108

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 44(b), S.I. No. 371 of 2001.

F109

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 44(c), S.I. No. 371 of 2001.

Hunting by night restricted.

37

37. (1) Notwithstanding anything contained in this Act apart from this section but subject to section 42, a person shall not hunt—

( a) a woodcock at any time between sunset and sunrise,

( b) any other protected wild bird, other than a wild duck or a wild goose, or any protected wild animal at any time during any period beginning one hour after sunset and ending one hour before sunrise.

(2) Subsection (1) of this section shall not apply to—

( a) hunting protected wild birds pursuant to and in accordance with a licence granted by the Minister under section 22 (9) of this Act for a purpose mentioned in paragraph (a) or (d) of that section, or

( b) hunting protected wild animals pursuant to and in accordance with a licence granted by the Minister under section 23 (6) of this Act.

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Use of lamps, mirrors etc. in hunting prohibited.

38

F110 [ 38. (1) Any person who uses

( a ) any lamp, light, torch, mirror or other artificial light-reflecting or dazzling device or appliance, or

( b ) any device for illuminating, image intensifying or heat seeking a target, or

( c ) any sighting device for night shooting, or

( d ) any device or appliance which is of a type, class or description specified in an order under subsection (2) of this section,

in hunting any protected wild bird or protected wild animal otherwise than while either

(i) attaching thereto any band, ring, tag or other marking device, or

(ii) hunting for educational or scientific purposes or for any other purpose,

pursuant to and in accordance with a licence granted under this Act by the Minister, shall be guilty of an offence.

(2) ( a ) The Minister may by order declare a device or appliance which is of a type, class or description specified in the order to be a device or appliance to which subsection (1) of this section applies.

( b ) The Minister may amend or revoke an order made under this subsection. ]

Annotations:

Amendments:

F110

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 45, S.I. No. 371 of 2001.

Burning of vegetation near woods or certain other land restricted.

39

39. (1) A person shall not burn any vegetation growing within one mile of—

( a) a wood which is not the property of such person, or

( b) land to which an establishment order, a recognition order, a designation order or an agreement under section 18 of this Act relates,

unless such person has, not less than seven days or more than thirty-five days before burning such vegetation, given notice of his intention to do so in writing to both the sergeant in charge of a Garda Síochána station in the Garda Síochána district in which the wood or land is situate and to—

(i) in the case of a wood, the occupier of the wood,

(ii) in the case of land to which an establishment order, a recognition order or an agreement under the said section 18 relates, the Minister together with, in case the Minister is not the owner of the land, the occupier,

(iii) in the case of land to which a designation order relates, the Minister.

(2) Where notice is given under subsection (1) of this section, the Minister or any other person to whom the notice is given may within three days after receiving the notice serve a counter-notice on the person by whom such notice was given objecting to the proposed burning on the ground that it is liable to cause damage to the wood or land concerned.

(3) A person shall not—

( a) light a fire, or

( b) do any other act,

which causes, or is likely to cause, the burning of vegetation which is growing within one mile either of a wood which is not the property of such person or of land mentioned in paragraph (b) of subsection (1) of this section.

(4) Any person who burns vegetation, lights a fire or does any other act in contravention of this section shall be guilty of an offence.

(5) Where a person—

( a) burns any vegetation either in contravention of subsection (1) of this section or after giving the notice required by this section and receiving a counter-notice under this section,

( b) lights a fire or does any other act in contravention of subsection (3) of this section,

any injury occasioned by such burning, lighting or doing to,

( c) in case the contravention is a contravention of the said subsection (1), any wood or land in respect of which a notice ought to have been or was served under this section, or

( d) in case the contravention is a contravention of the said subsection (3), any wood which is not the property of such person or any land mentioned in paragraph (b) of the said subsection (1),

shall be deemed to have been caused by the negligent act of that person, and damages to the extent of that injury shall be recoverable accordingly in any court of competent jurisdiction from that person by the owner of such wood or land, as the case may be.

F111 [ (6) In this section wood includes a forest within the meaning of section 2 of the Forestry Act 2014. ]

Annotations:

Amendments:

F111

Substituted (24.05.2017) by Forestry Act 2014 (31/2014), s. 31(2), S.I. No. 189 of 2017.

Destruction of vegetation on uncultivated land restricted.

40

F112 [ 40. (1) ( a ) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

( b ) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection. ]

(2) Subsection (1) of this section shall not apply in relation to—

( a) the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;

( b) the cutting or grubbing of isolated bushes or clumps of gorse, furze or whin or the mowing of isolated growths of fern in the ordinary course of agriculture;

F113 [ ( c ) the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister of the Government or a body established or regulated by or under a statute;

( cc ) the clearance of vegetation in the course of fisheries development works carried out by the F114 [ Inland Fisheries Ireland ] or a regional fisheries board in the exercise of its functions under the F114 [ Inland Fisheries Acts 1959 to 2010 ] ; ]

( d) the destroying of any noxious weed to which the Noxious Weeds Act, 1936, applies;

F115 [ ( e ) the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided; ]

( f) the removal or destruction of vegetation required by a notice served by the Minister under section 62 (1) of the Act of 1946 to be removed or destroyed;

F116 [ (g) the felling, cutting, lopping, trimming or removal of a tree, shrub, hedge or other vegetation pursuant to section 70 of the Roads Act 1993 ; ]

but this subsection shall not operate to exclude from subsection (1) of this section anything done by burning.

F117 [ (3) The Minister may request from the person concerned details of any works carried out under subsection (2)(c) and such details shall be furnished to the Minister by that person together with a statement of the public health or safety factors involved.

(4) In any proceedings taken in respect of a contravention of this section consisting of the doing of any act, it shall be a good defence to prove that the doing of that act was necessary for the purpose of extinguishing or preventing the spread of a fire while it was in progress or for the purpose of saving human life or was necessary in any other emergency in respect of which that act was an appropriate measure. ]

Annotations:

Amendments:

F112

Substituted (12.03.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 46(a), S.I. No. 71 of 2001.

F113

Substituted and inserted (12.03.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 46(b), S.I. No. 71 of 2001.

F114

Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8 and sch. 2 part 2 item 1, commenced as per s. 5(2) and S.I. No. 262 of 2010.

F115

Substituted (12.03.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 46(c), S.I. No. 71 of 2001.

F116

Inserted (18.07.2018) by Heritage Act 2018 (15/2018), s. 8, commenced on enactment.

F117

Inserted (12.03.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 46(d), S.I. No. 71 of 2001.

Modifications (not altering text):

C15

Application of section restricted (18.07.2018 to 18.07.2020 or longer if continued in force) by Heritage Act 2018 (15/2018), s. 7(1), (2), commenced on enactment.

Destruction or burning of vegetation on uncultivated land

7. (1) Notwithstanding section 40 (as amended by the Inland Fisheries Act 2010 ) of the Act of 1976, the Minister may make regulations, in relation to land referred to in that section, to allow the burning of vegetation during such period or periods during the month of March of such year in such part or parts of the State as specified in the regulations, subject to such conditions or restrictions specified in the regulations to ensure the protection of fauna or flora.

(2) Notwithstanding section 40 of the Act of 1976, the Minister may make regulations, in relation to land referred to in that section, to allow the cutting of vegetation growing in any hedge or ditch on the roadside during the month of August of such year as is specified in the regulations, subject to such conditions or restrictions specified in the regulations in relation to hedgerow husbandry, management or maintenance to ensure the protection of fauna or flora.

(3) A person to whom regulations under this section apply, or acting on behalf of such person, who does anything in contravention of the regulations commits an offence.

(4) (a) Subject to paragraph (b), this section remains in force until the expiration of 2 years from the date of the passing of this Act and then shall expire.

(b) This section may be continued in force from time to time by a resolution of each House of the Oireachtas, passed before its expiry, for such further period not to exceed 3 years as is specified in the resolution.

(5) In this section “fauna or flora” means fauna and flora protected under Chapter III of Part II of the Act of 1976.

C16

Application of section restricted by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 49(13), as inserted (21.07.2015) by European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015), art. 12, in effect as per reg. 1(4).

Prohibition on introduction and dispersal of certain species

49. ...

[(13) Where the Minister considers—

( a) that a species of flora or type of vegetation poses a threat to any of the objectives of the Birds and Habitats Directives, or

( b) that a population of a species of flora hosts or is likely to host a pathogen, disease, pest or parasite that poses or is likely to pose a threat to that species or to other species of flora and hence to securing compliance with the requirements of the Birds and Habitats Directives, and that the destruction of that population is a practical, appropriate and proportionate measure to reduce that threat,

the Minister may, notwithstanding anything contained in Section 40 of the Wildlife Act 1976 , grant a licence for the destruction, by such means as the Minister may specify, of vegetation comprising or containing that species at any time including, where he or she considers it warranted, during the period from 1 March to 31 August. ]

C17

Application of section restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 39(8), in effect as per reg. 1(3).

Threat response plans

39. ...

(8) Notwithstanding Section 40 of the Principal Act, the Minister may, as part of a threat response plan, authorise the destruction of vegetation on uncultivated land at any time and Section 40(1) of that Act shall not apply in relation to any destruction of vegetation on uncultivated land so authorised.

...

Editorial Notes:

E191

Previous affecting provision: application of section restricted (18.06.2010) by European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010), reg. 13(7), in effect as per reg. 1(3); revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011, reg. 73(2), in effect as per reg. 1(3).

Chapter V

Miscellaneous

Falconry etc.

41

41. (1) F118 [ Notwithstanding anything contained in section 22 or 23 of this Act, the Minister may make regulations ]

( a) regulating hunting by means of eagles, hawks, falcons F119 [ owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes ] trained to hawk for sport, or otherwise governing the practice of falconry,

( b) regulating the taking of eagles, hawks, falcons F119 [ owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes ] for F120 [ breeding or ] training to hawk for sport,

( c) regulating the possession, breeding, training to hawk for sport, display or exhibition of eagles, hawks, falcons F119 [ owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes ]

( d) providing that a person shall not, save under and in accordance with a licence granted in that behalf by the Minister—

(i) engage in falconry,

F121 [ (ii) take, have in his possession or under his control any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes or the eggs or young of any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes ,

(iii) engage in breeding any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other bird of the orders Accipitriformes, Falconiformes and Strigiformes , ]

( e) providing for the payment of prescribed fees by applicants for licences granted by the Minister for the purposes of this section,

( f) providing for any matters ancillary or incidental to any of the foregoing.

(2) The Minister may grant licences for the purposes of this section.

Annotations:

Amendments:

F118

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 47(a), S.I. No. 371 of 2001.

F119

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 47(b), S.I. No. 371 of 2001.

F120

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 47(c), S.I. No. 371 of 2001.

F121

Substituted and Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 47(d), S.I. No. 371 of 2001.

Editorial Notes:

E192

Power pursuant to section exercised (10.01.1984) by Wildlife Act, 1976 (Birds of Prey) Regulations 1984 (S.I. No. 8 of 1984).

Damage by wild birds etc.

42

42. (1) Where F122 [ serious ] damage is being caused by protected wild birds or by protected wild animals to—

( a) F123 [ food (including human food products and animal feeds) ] livestock, poultry or agricultural crops (including vegetables or fruit) either on pasture or on cultivated land,

( b) pen-reared wild birds on any land,

( c) other fauna,

( d) flora,

( e) a woodland or a forest plantation, F124 [ ]

( f) a fishery,

F125 [ ( g ) buildings and other structures and their contents, or

( h ) aquaculture installations, ]

notwithstanding any other provision of this Act, the Minister may cause to be taken by a person authorised by him in that behalf (who is hereby empowered to take) such steps, including entering on any land and the capture or killing of any such wild bird or any such wild animal, as he thinks appropriate to stop the damage.

F126 [ (1A) Any person who by act or omission impedes or obstructs a person authorised by the Minister in the lawful exercise of a power conferred by subsection (1) of this section shall be guilty of an offence. ]

(2) Where damage described in subsection (1) of this section is being caused, the Minister may, before exercising in relation to the damage the powers conferred on him by subsection (1) of this section, require the person who is the owner or is in occupation of the property being damaged to give to him an indemnity indemnifying the Minister, or any person acting on his behalf, against all claims relating to anything done by or on behalf of the Minister by virtue of the said subsection (1) in relation to the damage.

(3) Where damage described in subsection (1) of this section is being caused, the owner or occupier of the property to which the damage is being caused, or any other person duly authorised by the owner or occupier in that behalf, may apply to the Minister for a permission under this section.

(4) An application to the Minister for a permission under this section shall include particulars of the damage in relation to which the application is made and in case the Minister decides to grant the permission, notwithstanding any other provision of this Act, the permission shall, subject to its terms, operate to enable the owner or occupier, or any other person duly authorised to act on his behalf, to F127 [ scare, ] capture or kill any protected wild bird or any protected wild animal which the owner, occupier or other person reasonably believes is causing the damage and to take such other steps (if any) to stop the damage as are specified in the permission.

(5) An application for a permission under this section may be made to the Minister F128 [ ] or to any other person who is authorised for the time being by the Minister to receive such applications.

F129 [ (6) In addition to the foregoing, the following provisions shall apply in relation to a permission granted under this section:

( a ) the permission shall be valid only for such period and in relation to such area as are specified therein,

( b ) particulars of all protected wild birds and protected wild animals captured or killed pursuant to the permission shall be furnished to the Minister by the person to whom the permission is given at such times and in such form as is specified in the permission,

( c ) notwithstanding any other provision of this Act, the Minister may grant the permission subject to conditions which may include one or more of the following:

(i) that any scaring, capture or killing pursuant to the permission is to be effected by a specified means,

(ii) that any wild bird or any wild animal captured or killed pursuant to the permission shall have affixed to it a tag or other mark of identification to be specified by the Minister,

(iii) that any wild bird or any wild animal captured pursuant to the permission shall be removed to a place specified by the Minister for subsequent release or be disposed of in such other manner as may be so specified,

(iv) that any wild bird or any wild animal killed pursuant to the permission shall be removed to a place specified by the Minister or be disposed of in such other manner as may be so specified,

(v) that the total number of any particular species of protected wild bird or protected wild animal captured or killed pursuant to the permission shall be limited to such number as is specified in the permission. ]

(7) F130 [ ]

Annotations:

Amendments:

F122

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(a)(i), S.I. No. 371 of 2001.

F123

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(a)(ii), S.I. No. 371 of 2001.

F124

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(a)(iii), S.I. No. 371 of 2001.

F125

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(a)(iii), S.I. No. 371 of 2001.

F126

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(b), S.I. No. 371 of 2001.

F127

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(c), S.I. No. 371 of 2001.

F128

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(d), S.I. No. 371 of 2001.

F129

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 48(e), S.I. No. 371 of 2001.

F130

Repealed (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 5(c), S.I. No. 371 of 2001.

Land drainage schemes.

43

43. (1) Where the Commissioners propose to undertake either—

( a) a drainage scheme within the meaning of the F131 [ Arterial Drainage Acts, 1945 and 1995 ], which is one to which this section applies, or

( b) any other land drainage scheme,

F132 [ which is likely or liable to affect, or to interfere with, or is ] in respect of an area which includes land to which an establishment order, a recognition order or a designation order applies, or land to which an agreement made under section 18 of this Act applies F133 [ or land particulars of which have been included in a notice or order under Chapter II of Part III of the Wildlife (Amendment) Act, 2000 ], the Commissioners shall, before commencing the scheme, consult the Minister to ascertain if and to what extent the proposed scheme if carried out would affect or interfere with the suitability of the land affected by the scheme for a F134 [ nature reserve, refuge, natural heritage area or area subject to a notice served under section 16 (2)(b) of the Wildlife (Amendment) Act, 2000 ], as may be appropriate, and take all practicable steps including, where appropriate, the limitation of the drainage scheme to minimise or avoid such effect or interference.

(2) This section applies to any drainage scheme within the meaning of the Arterial Drainage Act, 1945, not being a scheme of which a copy has been exhibited in accordance with section 5 of that Act before the commencement of this section.

Annotations:

Amendments:

F131

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 49(a), S.I. No. 371 of 2001.

F132

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 49(b), S.I. No. 371 of 2001.

F133

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 49(c), S.I. No. 371 of 2001.

F134

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 49(d), S.I. No. 371 of 2001.

Unlawful hunting or entry on land and other miscellaneous matters.

44

44. F135 [ (1) Any person, not being the owner or occupier of land, who, without the permission of the owner or occupier of the land or, in the case some other person is entitled to enjoy sporting rights over the land, that other person

(a) hunts a wild bird or wild animal on the land,

(b) carries or brings on the land a thing mentioned in section 72(7) (as amended by section 65(d) of the Act of 2000), or

(c) shoots over or into the land,

commits an offence. ]

(2) F135 [ Where a person who is neither the owner nor the occupier of land carries on the land a thing mentioned in section 72(7) , ] any of the following persons may demand of him (and take when given) his name and address, namely:

( a) the owner or occupier of the land or a person authorised by him to exercise on his behalf the powers exercisable by such owner or occupier under this section,

( b) a person who is entitled to enjoy sporting rights over the land or some other person so authorised by him to exercise on his behalf the powers exercisable by him under this section,

F136 [ ( bb ) an authorised person or a member of the Garda S í och á na, ]

( c) the holder, or a person deemed pursuant to F137 [ subsection (5) or (5A) of section 29 ] of this Act to be the holder, of a licence granted under that section;

provided that the power conferred by this section on a person mentioned in paragraph (c) of this subsection shall only be exercisable on the production by him of F138 [ ] a current licence granted to him pursuant to the said section 29 F139 [ a current firearm certificate to which subsection (5A) of that section applies ] or a current firearm certificate granted to him and endorsed in accordance with the requirements of subsection (8) of that section.

F140 [ (2A) An authorised person or a member of the Garda S í och á na in exercising a power under subsection (2) of this section may size any firearm, other weapon or device or part thereof. ]

(3) A person who refuses or who fails to give his correct name and address on a demand therefor being duly made pursuant to this section or who on such demand gives a name and address which is false or misleading shall be guilty of an offence.

(4) Summary proceedings for an offence under this section may be prosecuted by—

( a) a person who at the time at which the offence is alleged to have been committed (in this subsection referred to as the relevant time) is the owner or is in occupation of the land in relation to which the offence is alleged (in this subsection referred to as the relevant land),

( b) any individual who as regards the relevant land is at the relevant time entitled to enjoy sporting rights over such land,

( c) and in the name of the person who at the relevant time is the secretary of a recognised body which at such time is entitled to enjoy sporting rights over the relevant land;

provided that such an offence shall only be prosecuted by the secretary of a recognised body if,

(i) prior to the relevant time a notice stating that sporting rights specified in the notice over land so specified have been reserved for the body is published in a newspaper circulating in the area in which the relevant land is situate, and

(ii) the land so specified comprises or includes the relevant land.

(5) The Minister may by regulations declare any association, club, society or other body of persons which has for or amongst its objects the conservation of game to be a recognised body for the purposes of this section, and any body to which regulations under this subsection for the time being relate is in this section referred to as a recognised body.

(6) Subject to compliance with the requirements of the proviso to subsection (4) of this section, a notice published for the purposes of section 15 of the Game Preservation Act, 1930 (repealed by this Act), shall be regarded as having been published for the purposes of this Act.

F141 [ (7) In any proceedings for an offence under this section it shall not be necessary for the prosecutor to prove that, at the time of the offence, a defendant

( a ) was on the land without lawful authority, or

( b ) was not the owner or occupier of the land,

and in case a defendant claims that he was on the land with lawful authority or is either the owner or occupier of the land, the onus of proving such authority, or that he is the owner or occupier of the land, shall be on the defendant. ]

(8) In this section “ game” means any exempted wild mammal or any protected wild bird which is of a species specified in an order under section 24 of this Act.

Annotations:

Amendments:

F135

Substituted (18.07.2018) by Heritage Act 2018 (15/2018), s. 9(a), commenced on enactment.

F136

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 50(b), S.I. No. 371 of 2001.

F137

Substituted (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 5(a), commenced on enactment.

F138

Deleted (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 5(b), commenced on enactment.

F139

Inserted (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 5(c), commenced on enactment.

F140

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 50(c), S.I. NO. 371 of 2001.

F141

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 50(d), S.I. No. 371 of 2001.

Editorial Notes:

E193

Power pursuant to section exercised (1.09.1980) by Wildlife Act, 1976 (Section 44) (Recognised Bodies) Regulations 1980 (S.I. No. 233 of 1980), in effect as per reg. 1(3).

E194

Power pursuant to section exercised (11.11.1977) by Wildlife Act, 1976 (Section 44) (Recognised Bodies) Regulations 1977 (S.I. No. 335 of 1977), in effect as per reg. 2.

E195

Previous affecting provision: subs. (1)(c) substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 50(a), S.I. No. 371 of 2001; subs. (1) substituted as per F-note above.

PART III

Regulation and control of wildlife dealing and the transport, import and export of wildlife

Sale, purchase and possession of fauna restricted.

45

45. F142 [ (1) A person who is not a licensed wildlife dealer shall not keep, transport, sell or exchange, keep for sale or exchange, offer for sale or exchange, purchase for resale or exchange or engage in taxidermy in respect of

(a) a protected wild bird or protected wild animal, at any stage of its life, whether alive or dead, or any parts products or derivatives of such wild bird or animal

(b) the eggs of a protected wild bird or the eggs or spawn of a protected wild animal, or any parts, products or derivatives thereof,

(c) fauna, at any stage of its life, whether alive or dead, set out in F143 [ Part 1 or 2 of the First Schedule to the European Communities (Birds and Natural Habitats) Regulations 2011 ] , and being fauna within the meaning of this Act,

and shall not publish or cause to be published any advertisement, catalogue, circular or price list likely to be understood as conveying that such a person buys or sells, or intends to buy or sell, or engages in taxidermy in respect of any protected wild bird or protected wild animal. ]

(2) Subject to subsections (3) and (8) of this section and to F144 [ sections 22(5) , 23(7)(d) , 31 and 42 of this Act ], a person who is not a licensed wildlife dealer shall not have in his possession a protected wild bird or a protected wild animal, whether alive or dead, or the eggs of a protected wild bird F145 [ or the eggs or spawn of a protected wild animal or any part, product or derivative thereof. ]

(3) Subsection (1) of this section shall not apply to—

( a) the sale by a person F146 [ , who has obtained the prior permission of the Minister in writing so to do, ] of any live specimen of a protected wild bird or protected wild animal solely for the purposes of propagating, or of improving the quality of, such species,

( b) the sale by a person of live hares to a coursing club affiliated to the Irish Coursing Club,

( c) the sale to a licensed wildlife dealer by a person of any protected wild bird or protected wild animal lawfully killed F146 [ or captured ] by him,

F146 [ ( cc ) the sale by a person of any live perching bird which is a close-ringed specimen within the meaning of section 31(4) of this Act, and to which that section applies, ]

( d) the sale by any person, who has obtained the prior permission of the Minister so to do, of any lawfully killed F146 [ or captured ] such wild bird or wild animal.

(4) A person who is the owner, manager or person otherwise in charge of any hotel, guest house, inn, restaurant, public eating house, registered club within the meaning of the Registration of Clubs Acts, 1904 to 1962, or any other premises in which meals are provided for reward, shall not purchase a protected wild bird or a protected wild animal otherwise than from a licensed wildlife dealer, unless such person is himself such a dealer.

(5) A person mentioned in subsection (4) of this section who is not a licensed wildlife dealer shall keep in such form as the Minister approves a record of all purchases of protected wild birds or protected wild animals made in relation to the premises so mentioned and of which he is the owner or manager or of which he is otherwise in charge, and records kept pursuant to this subsection shall be kept available for inspection at the said premises by an authorised person on demand at any reasonable time.

(6) An authorised person may inspect and, if he thinks fit, take copies of any entry in any record kept pursuant to subsection (5) of this section.

F147 [ (7) A person who contravenes subsection (1) , (2) , (4) , F148 [ ] (12) or (13) of this section or who fails to comply with the requirements of subsection (5) of this section shall be guilty of an offence. ]

F147 [ (8) In any proceedings for an offence under this section in which it is alleged that subsection (2) or (13) of this section was contravened, it shall be a defence for the defendant to prove that

F149 [ ( a ) the wild bird, wild animal or any other part, product or derivative of such wild bird or wild animal had been lawfully acquired by the defendant before the 1st day of June, 1977, or that it or they had been lawfully acquired from a person who had lawfully acquired it or them,

( b ) in case the alleged offence relates to a protected wild bird or a protected wild animal or to any other part, product or derivative of such a wild bird or wild animal that it or they had lawfully been killed, captured or acquired by the defendant or had been lawfully acquired from a person who had lawfully killed, captured or acquired it or them. ] ]

F150 [ (9) Subject to subsection (9A) of this section, nothing in this section shall make unlawful the possession consequent upon any other thing which is

( a ) done pursuant to and in accordance with a licence or permission granted under this Act, or

( b ) permitted to be done by or under any statute other than this Act, or

( c ) otherwise lawfully done,

of a protected wild bird or a protected wild animal or the eggs of a protected wild bird or any eggs or spawn of a protected wild animal. ]

F146 [ (9A) Where possession of a protected wild bird or a protected wild animal results from the unintentional capture of the bird or animal and such possession is continuing, the person in apparent possession or control of the bird or animal shall, at the direction of the Minister, release or otherwise dispose of the bird or animal in such manner as the Minister thinks fit. ]

(10) References in this section to a protected wild bird or a protected wild animal shall, except in relation to taxidermy, be construed as including references to the flesh F146 [ , or to any other part, product or derivative, ] of such a bird or animal, and in relation to taxidermy the said references in this section shall be construed as including references to the skin, plumage or any other part of such a bird or animal.

F151 [ (11) F152 [ ]

(12) A licensed wildlife dealer shall not sell, keep for sale, purchase for resale or engage in taxidermy in respect of eggs taken from the wild of a protected wild bird.

(13) Subject to subsection (8) of this section and to section 22(5) of this Act, a licensed wildlife dealer shall not have in his possession eggs taken from the wild of a protected wild bird. ]

F146 [ (14) The Minister may by regulations

( a ) in relation to wild birds

(i) apply this section, either generally or by reference to one or more species, to wild birds, or

(ii) apply this section generally to species of wild birds subject to the exclusion of one or more such species,

and

( b ) in relation to wild animals

(i) apply this section, either generally or by reference to one or more species, to wild animals which are not protected wild animals, or

(ii) apply this section generally to species of wild animals which are not protected wild animals, subject to the exclusion of one or more such species. ]

Annotations:

Amendments:

F142

Substituted (18.07.2005) by European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005), reg. 2(4).

F143

Substituted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(6), in effect as per reg. 1(3).

F144

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(b)(i), S.I. No. 371 of 2001.

F145

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(b)(ii), S.I. No. 371 of 2001.

F146

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(c)(i)-(iv), (f), (g), (i), S.I. No. 371 of 2001.

F147

Substituted (6.12.1885) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985), reg. 3(e)(ii), (iii), in effect as per reg. 1(2).

F148

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(d), S.I. No. 371 of 2001.

F149

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(e), S.I. No. 371 of 2001.

F150

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(b)(i), (f), S.I. No. 371 of 2001.

F151

Inserted (6.12.1885) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985), reg. 3(e)(iv), in effect as per reg. 1(2).

F152

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(h), S.I. No. 371 of 2001.

Editorial Notes:

E196

Previous affecting provision: subs. (1) substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(a), S.I. No. 371 of 2001; substituted as per F-note above.

E197

Previous affecting provision: application of subs. (1) modified (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 22; revoked (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 75(b), S.I. No. 371 of 2001.

E198

Previous affecting provision: subs. (1) substituted (6.12.1985) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985), reg. 3(e)(i), in effect as per reg. 1(2); substituted as per E-note above.

Regulation and control of wildlife dealing.

46

46. (1) Where the Minister is satisfied that it is in the interests of the conservation of any species of F153 [ wild bird or wild animal ] so to do, subject to subsection (5) of this section, he may by regulations prohibit, or control in such manner as he considers appropriate and specifies in the regulations, the purchase or sale of that species for such period as may be so specified.

(2) The Minister may make regulations regulating or controlling the carrying on by licensed wildlife dealers of the business of wildlife dealing.

(3) Without prejudice to the generality of subsection (2) of this section, regulations under this section may—

( a) prescribe conditions with regard to premises used by licensed wildlife dealers for wildlife dealing,

( b) prescribe the form and period of validity of a wildlife dealer’s licence and the form and period of validity of a renewal of such a licence,

( c) specify the species of fauna which may be sold or purchased for resale by the holder of a wildlife dealer’s licence pursuant to the licence,

F154 [ ( cc ) prescribe conditions with regard to the practice of taxidermy by the holder of a wildlife dealer s licence and to species of fauna generally, or any such species as may be specified in the regulations, used for the purpose of taxidermy, ]

( d) require the keeping by the holder of a wildlife dealer’s licence of such registers, books, records, invoices, receipts or other documents relating to the business of wildlife dealing as may be prescribed, and require any such document to be produced by such holder when required to do so by an authorised person at a reasonable time,

F155 [ ( dd ) require the holder of a wildlife dealer s licence to give to the Minister such particulars in writing from any documents kept by that holder under paragraph (d) of this subsection as the Minister may require and specify by notice in writing sent to the holder, ]

( e) provide for the entry in such registers or records of such particulars relating to wildlife as may be prescribed,

( f) require the display in such premises of a current wildlife dealer’s licence,

F156 [ ( ff ) prohibit the dealing in wild birds or wild animals which do not have the appropriate tag or mark as specified in regulations made under section 29 of the Principal Act, ]

( g) provide that F157 [ a wild bird or a wild animal ] shall not be confined, kept, or exposed for sale in a cage in such premises, or while it is being transported from one place to another by or on behalf of such dealer for purposes of display, sale or exhibition, unless the cage is of a prescribed size, type or description, and

( h) make any other provision which is ancillary or incidental to any of the foregoing.

(4) An authorised person may inspect and, if he thinks fit, take copies of any entry in any document produced pursuant to a requirement of regulations under this section.

(5) Regulations under this section which relate to a species of fish or aquatic invertebrate animal shall, in so far as they relate to such species, be made by the Minister only after consultation with the Minister for Agriculture and Fisheries.

F158 [ (5A) For the avoidance of doubt it is hereby declared that this section shall not apply to domesticated, farmed or other deer which are not wild animals. ]

Annotations:

Amendments:

F153

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(1)(a), S.I. No. 371 of 2001, subject to transitional provisions in subs. (2) and continuation in force of existing regulations made under section until revoked.

F154

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(1)(b)(i), S.I. No. 371 of 2001, subject to transitional provisions in subs. (2) and continuation in force of existing regulations made under section until revoked.

F155

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(1)(b)(ii), S.I. No. 371 of 2001, subject to transitional provisions in subs. (2) and continuation in force of existing regulations made under section until revoked.

F156

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(1)(b)(iii), S.I. No. 371 of 2001, subject to transitional provisions in subs. (2) and continuation in force of existing regulations made under section until revoked.

F157

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(1)(b)(iv), S.I. No. 371 of 2001, subject to transitional provisions in subs. (2) and continuation in force of existing regulations made under section until revoked.

F158

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 51(1)(c), S.I. No. 371 of 2001, subject to transitional provisions in subs. (2) and continuation in force of existing regulations made under section until revoked.

Editorial Notes:

E199

Power pursuant to section exercised (29.07.1977) by Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1977 (S.I. No. 253 of 1977).

Prohibition on wildlife dealing without wildlife dealer’s licence.

47

47. (1) Subject to subsection (2) of this section, a person shall not carry on business as a wildlife dealer except under and in accordance with a wildlife dealer’s licence.

(2) Subsection (1) of this section shall not apply—

( a) in relation to a person who immediately prior to the commencement of this section was carrying on business as a wildlife dealer, during the period of three months beginning on the commencement of this section,

( b) in relation to a person who acquires (by purchase or otherwise) premises in which immediately prior to the acquisition the business of wildlife dealing was duly carried on, during the period of three months beginning on the date of the acquisition,

( c) in relation to the personal representative of a licensed wildlife dealer, during the period of six months beginning on the date of the death of such dealer.

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Wildlife dealer’s licence.

48

F159 [ 48. (1) The Minister may, on application being made in that behalf, if thought fit and on payment of the prescribed fee (if any), grant or renew a licence (in this Act referred to as a wildlife dealer s licence ) authorising the applicant to carry on business as a wildlife dealer at premises specified in the licence.

(2) A wildlife dealer s licence shall, unless it is previously revoked, remain in force until the 31st day of July following the year in which it was granted or renewed.

(3) The Minister may, on application being made in that behalf, from time to time and on payment of the prescribed fee (if any), renew a licence granted under subsection (1) of this section.

(4) ( a ) Every applicant for the grant or renewal of a licence under this section shall have the right of appeal, to the District Court for the District in which the applicant resides, against the refusal of the Minister to grant or renew such a licence.

( b ) Where, in the case of the refusal by the Minister to grant or renew a licence under this section, the applicant is the holder of a subsisting licence under this section, then the licence shall continue in force pending the determination of an appeal against such refusal, or the appeal ceases for any other reason.

( c ) The Minister shall be notified in writing by registered post by the applicant of any such appeal not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

( d ) Where an appeal under this subsection is allowed, the Minister shall grant or renew, as appropriate, a licence subject to any conditions which the judge allowing the appeal may require to be attached to the licence.

(5) The Minister may, in considering an application for the grant or renewal of a licence under this section, have regard to the following:

( a ) the suitability of the applicant, taking into account the purposes of this Act, to hold a wildlife dealer s licence,

( b ) the suitability of the premises, taking into account all relevant legislative provisions relating to food hygiene and food safety, where the applicant proposes to carry on the business of wildlife dealing, and

( c ) the ability of the applicant to comply with regulations made under section 46(2) of this Act which are for the time being in force.

(6) ( a ) The Minister may, having given 21 days notice to the holder of a licence issued under this section, revoke the licence if the holder has failed to comply with the conditions thereof or with regulations made under section 46(2) of this Act which are for the time being in force, and shall notify the holder of the reasons for such revocation.

( b ) The holder of a wildlife dealer s licence shall have the right to appeal, to the District Court for the District in which the applicant resides, within a period of 21 days in respect of the notification by the Minister to revoke the licence.

( c ) Where, in the case of the notification of revocation by the Minister of a licence under this section, the holder of the licence appeals to the District Court in accordance with paragraph (b) , the licence shall continue in force pending the determination of an appeal against such revocation, or the appeal ceases for any other reason.

( d ) The Minister shall be notified in writing by registered post of any appeal to which paragraph (b) relates not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

(7) The Minister may, on application being made in that behalf by the holder of the wildlife dealer s licence, amend a licence issued under this section. ]

Annotations:

Amendments:

F159

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 53, S.I. No. 371 of 2001.

Revocation of wildlife dealer’s licence.

49

49. (1) Where a person who holds a wildlife dealer’s licence F160 [ is convicted of an offence under this Act, ] the court by which the person is convicted may revoke the licence and such revocation shall be in addition to any other punishment imposed by the court in respect of the offence.

(2) Where a court revokes a wildlife dealer’s licence pursuant to this section, the registrar or clerk of the court shall, as soon as may be, send to the Minister a copy of the court’s order.

Annotations:

Amendments:

F160

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 54, S.I. No. 371 of 2001.

Minister may publish list of wildlife dealers or notice of revocation.

50

50. (1) The Minister may, if he thinks fit, publish from time to time and in such manner as he considers appropriate, a notice listing all persons who on the day specified in the notice were the holders of wildlife dealers' licences.

(2) Where a wildlife dealer’s licence is revoked under section 49 of this Act and the Minister has received a copy of the order revoking the licence, if either—

( a) no appeal is taken against the order and the period during which such an appeal may be taken has expired, or

( b) such an appeal is taken and the order is confirmed on appeal or the appeal is withdrawn,

the Minister may publish, in such manner as he considers appropriate, notice of the revocation.

Transport of packages etc. containing certain fauna.

51

51. (1) This section applies to any package, parcel, box or other container which contains all or any of the following, namely:

( a) any protected wild bird or protected wild animal,

( b) the dead body, carcase or any other part either of a protected wild bird or protected wild animal,

( c) eggs of a protected wild bird.

F161 [ ( ( cc ) any species of flora to which an order under section 21 of this Act for the time being applies. ]

(2) Every package, parcel, box or other container to which this section applies shall, if transported, whether by hand or otherwise, be marked conspicuously either on the outside thereof or on a label attached thereto, so as clearly to indicate—

F162 [ ( a ) that the package, parcel, box or other container contains wild birds, wild animals or flora, as may be appropriate,

( aa ) the number of specimens and the species, respectively, of wild birds, wild animals or flora so contained and, in respect of each specimen captured, picked or otherwise taken (as appropriate) within the State or the territorial seas of the State, the location of where it was so captured, picked or otherwise taken, and ]

(3) Any person who consigns or transports a package, parcel, box or other container which is not marked in the manner required by subsection (2) of this section and who knows that the package, parcel, box or other container, as the case may be, contains any thing mentioned in paragraph F163 [ (a), (b), (c) or ( cc ) ] of subsection (1) of this section shall be guilty of an offence.

(4) In any proceedings for an offence under this section, it shall be a good defence to show that a package, parcel, box or other container to which the alleged offence relates did not contain at the time of the alleged offence protected wild birds or protected wild animals other than the following, namely, a protected wild bird or an exempted wild mammal lawfully hunted by virtue of an order under section 24 or 25 of this Act or the dead body or any part of such a protected wild bird or exempted wild mammal.

F164 [ (5) The Minister may by regulations provide that this section

( a ) shall also apply to any package, parcel, box or other container which contains all or any of the following, that is to say:

(i) a wild bird of a species specified in the regulations for that purpose;

(ii) a wild animal of a species specified in the regulations for that purpose;

(iii) a species of flora specified in the regulations for that purpose;

and which for the time being is not a species to which subsections (1) to (4) of this section apply,

( b ) shall not apply to any package, parcel, box or other container which contains all or any of the following, that is to say:

(i) a wild bird of a species specified in the regulations for that purpose;

(ii) a wild animal of a species specified in the regulations for that purpose;

(iii) a species of flora specified in the regulations for that purpose;

and which would, but for the regulations, be a species to which subsections (1) to (4) of this section would apply, ]

Annotations:

Amendments:

F161

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 55(a), S.I. No. 371 of 2001.

F162

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 55(b), S.I. No. 371 of 2001.

F163

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 55(c), S.I. No. 371 of 2001.

F164

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 55(d), S.I. No. 371 of 2001.

Modifications (not altering text):

C18

Application of section restricted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 59, S.I. No. 371 of 2001.

Saver in interest of public health and safety.

59.—Nothing in Part II, or section 51, of the Principal Act shall make unlawful any thing which is done pursuant to and in accordance with a licence granted in that behalf by the Minister for the purpose of preserving public health or public safety, including air safety.

Import of fauna and flora.

52

52. (1) The Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the importation F165 [ into the State from outside the European Union ], save under and in accordance with a licence granted by or on behalf of the Minister under this section, of all or any of the following:

( a) any wild animal or wild bird F166 [ , at any stage of its life, ] of a species specified in the regulations,

( b) the dead body or the carcase of a wild animal or wild bird which is of a species so specified,

( c) any part, other than the carcase, F167 [ or any product or derivative ] of a wild animal or wild bird which is F167 [ a part, product or derivative ] so specified,

( d) the eggs or spawn of a species of wild animal or wild bird which is so specified,

F168 [ ( dd ) any part, product or derivative of the eggs or spawn of a wild animal or wild bird which is a part, product or derivative so specified, ]

( e) any plant of a species so specified,

( f) the flowers F169 [ , seeds, spores ] or roots of any such plant,

( g) any part, other than the flowers F170 [ , seeds, spores ] or roots, F171 [ or any product or derivative ] of any such plant which is F171 [ a part, product or derivative ] so specified.

F172 [ (1A) (a) The Minister may, and shall in the case to which paragraph 1 of Article 12 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein relates, designate in writing the ports, airports and other places through which wild animals, wild birds or the eggs or spawn of wild animals or wild birds or plants, flowers, roots, seeds or spores of such plants may be imported into the State from outside the European Union and different places may be prescribed for different specified species.

( b ) The Minister may designate in writing the ports, airports and other places through which any part, product or derivative of wild animals, wild birds or of the eggs or spawn of a wild animal or wild bird or of plants, flowers, roots, seeds or spores of such plants, of species specified in the regulations may be imported into the State from outside the European Union and different places may be prescribed for different specified species.

( c ) A designation under this subsection may be amended or revoked in writing by the Minister.

( d ) Notice of the making of a designation under this subsection, and every amendment or revocation thereof, shall be published in the Iris Oifigi ú il as soon as possible after it has been made, amended or revoked, as the case may be. ]

(2) The Minister may grant to a person a licence to import any thing the importation of which is prohibited by regulations made under subsection (1) of this section.

(3) The Minister may authorise a person to grant on his behalf a licence mentioned in subsection (2) of this section.

(4) Where an animal, plant or other thing is imported in contravention of this section, an officer of Customs and Excise may require any person (being the importer or carrier concerned) to export the animal, plant or other thing within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence and the animal, plant or other thing shall be killed or otherwise disposed of as the Minister directs.

F173 [ (4A) Any officer of An Post duly authorised in that behalf may detain and examine and, if considered necessary, open for that purpose any postal packet containing, or reasonably suspected by that officer of containing, any thing which is being imported in contravention of this section, and if a postal packet so detained contains any such thing, the officer of An Post shall dispose of the packet and its contents in accordance with the instructions of the Minister. ]

(5) Nothing in this section or in section 53 of this Act shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Destructive Insects and Pests (Consolidation) Act, 1958, the Diseases of Animals Act, 1966, or the Fisheries Acts, 1959 to 1974, or the functions of the Minister for Health under section 31 of the Health Act, 1947, as amended by section 34 of the Health Act, 1953.

F174 [ (6) ( a ) The Minister may, if considered necessary, by regulations prohibit the possession or introduction of any species of wild bird, wild animal or wild flora or any part, product or derivative of such wild bird, wild animal or wild flora which may be detrimental to native species.

( b ) Where non-native species of wild bird, wild animal or wild flora or any part, product or derivative of such wild bird, wild animal or wild flora have been introduced, the Minister shall, to the extent that it is feasible and appropriate, take measures to ensure that such introductions do not pose a potential hazard to native stocks.

(7) Any person who

( a ) turns loose, wilfully allows or causes to escape any species of wild animal or the spawn of such wild animal or wild bird or the eggs of such wild bird,

( b ) transfers any species of wild animal or the spawn of such wild animal or wild bird or the eggs of such wild bird from any place in the State to any other place in the State for the purpose of establishing it in a wild state in such other place,

( c ) plants or otherwise causes to grow in a wild state in any place in the State any species of flora, or the flowers, roots, seeds or spores of flora,

otherwise than under and in accordance with a licence granted in that behalf by the Minister shall be guilty of an offence.

(8) For the purposes of subsection (7) , any reference to wild animals, wild birds, plants, flowers, roots, seeds or spores refers only to exotic species thereof. ]

Annotations:

Amendments:

F165

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(a)(i), S.I. No. 371 of 2001.

F166

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(a)(ii), S.I. No. 371 of 2001.

F167

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(a)(iii), S.I. No. 371 of 2001.

F168

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(a)(iv), S.I. No. 371 of 2001.

F169

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(a)(v), S.I. No. 371 of 2001.

F170

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(a)(vi), S.I. No. 371 of 2001.

F171

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(a)(vi), S.I. No. 371 of 2001.

F172

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(b), S.I. No. 371 of 2001.

F173

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(c), S.I. No. 371 of 2001.

F174

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 56(d), S.I. No. 371 of 2001.

Editorial Notes:

E200

Power pursuant to subs. (1A) exercised (13.07.2011) by Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) (Amendment) Regulations 2011 (S.I. No. 377 of 2011.

E201

Power pursuant to subs. (1A) exercised (31.07.2001) by Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) Regulations 2001 (S.I. No. 375 of 2001).

E202

Power pursuant to section exercised (1.01.1990) by Wildlife Act, 1976, (Control of Importation of Wild Animals and Wild Birds), Regulations 1989 (S.I. No. 296 of 1989), in effect as per reg. 2.

Export of fauna and flora.

53

53. (1) Subject to section 52 (5) of this Act, the Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the export F175 [ from the State to outside the European Union ], save under and in accordance with a licence granted by or on behalf of the Minister under this section, of all or any of the following:

( a) F176 [ any wild bird or any wild animal, at any stage of its life, ] of a species specified in the regulations,

( b) the dead body or the carcase either of a F177 [ wild bird or wild animal ] of a species so specified,

( c) any part, other than the carcase, F178 [ or any product or derivative ] of a wild animal or wild bird which is F178 [ a part, product or derivative ] so specified,

( d) the eggs or spawn of a species of wild animal or wild bird which is so specified,

F179 [ ( ( dd ) any part, product or derivative of the eggs or spawn of a wild animal or wild bird which is a part, product or derivative so specified, ]

( e) wild plants which are of a species which is so specified F180 [ ]

( f) the flowers F181 [ , seeds, spores ] or roots of any such wild plant,

( g) any part, other than the flowers F182 [ , seeds, spores ] or roots, F183 [ or any product or derivative ] of any such plant which is F183 [ a part, product or derivative ] so specified.

F184 [ (1A) ( a ) The Minister may, and shall in the case to which paragraph 1 of Article 12 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein relates, designate in writing the ports, airports and other places through which wild animals, wild birds or the eggs or spawn of wild animals or wild birds or plants, flowers, roots, seeds or spores of such plants may be exported from the State to outside the European Union and different places may be prescribed for different specified species.

( b ) The Minister may designate in writing the ports, airports and other places through which any part, product or derivative of wild animals, wild birds or of the eggs or spawn of a wild animal or wild bird or of plants, flowers, roots, seeds or spores of such plants, of species specified in the regulations may be exported from the State to outside the European Union and different places may be prescribed for different specified species.

( c ) A designation under this subsection may be amended or revoked in writing by the Minister.

( d ) Notice of the making of a designation under this subsection, and every amendment or revocation thereof, shall be published in the Iris Oifigi ú il as soon as possible after it has been made, amended or revoked, as the case may be. ]

(2) The Minister may grant to a person a licence to export any thing the export of which is prohibited by regulations made under subsection (1) of this section.

(3) The Minister may authorise a person to grant on his behalf a licence mentioned in subsection (2) of this section.

F185 [ (4) Any officer of An Post duly authorised in that behalf may detain and examine and if necessary open for that purpose any postal packet containing, or suspected by that officer of containing, any thing which is being exported in contravention of this section, and if a postal packet so detained contains any such thing, the officer of An Post shall dispose of the packet and its contents in accordance with the instructions of the Minister. ]

(5) Nothing in this section shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Agricultural and Fishery Products (Regulation of Export) Act, 1947, or functions which are for the time being transferred to and vested in the Minister for Industry and Commerce by an order under section 5 of that Act.

Annotations:

Amendments:

F175

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(i), S.I. No. 371 of 2001.

F176

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(ii), S.I. No. 371 of 2001.

F177

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(iii), S.I. No. 371 of 2001.

F178

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(iv), S.I. No. 371 of 2001.

F179

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(v), S.I. No. 371 of 2001.

F180

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(vi), S.I. No. 371 of 2001.

F181

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(vii), S.I. No. 371 of 2001.

F182

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(viii), S.I. No. 371 of 2001.

F183

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(viii), S.I. No. 371 of 2001.

F184

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(b), S.I. No. 371 of 2001.

F185

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000), s. 57(c), S.I. No. 371 of 2001.

Editorial Notes:

E203

Power pursuant to subs. (1A) exercised (13.07.2011) by Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) (Amendment) Regulations 2011 (S.I. No. 377 of 2011.

E204

Power pursuant to subs. (1A) exercised (31.07.2001) by Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) Regulations 2001 (S.I. No. 375 of 2001).

E205

Power pursuant to section exercised (7.08.1979) by Wildlife Act, 1976 (Control of Export of Fauna) Regulations 1979 (S.I. No. 235 of 1979).

E206

Previous affecting provision: subs. (4) amended (13.07.1983) by Postal and Telecommunications Services Act 1983 (24/1983), s. 8(1) and sch. 4 part I, commenced on enactment; substituted as per F-note above.

F186 [ Regulation of trade in wild flora and fauna and CITES Regulations.

53A.

53A. (1) The Minister is hereby designated, for the purposes of paragraph 1( a ) of Article 13 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (in this section referred to as the Council Regulation ), as the management authority with primary responsibility in relation to that Regulation.

(2) ( a ) The Minister may, for the purposes of paragraph 1( b ) of Article 13 of the Council Regulation, designate in writing from time to time additional management authorities and other competent authorities.

( b ) The Minister shall, for the purposes of paragraph 2 of Article 13 of the Council Regulation, designate in writing from time to time one or more scientific authorities.

( c ) A designation under paragraph (a) or (b) of this subsection may be amended or revoked in writing by the Minister.

( d ) Notice of the making of a designation under this subsection, and every amendment or revocation thereof, shall be published in the Iris Oifigi ú il as soon as possible after it has been made, amended or revoked, as the case may be.

(3) The import, export, or any attempts thereat, of any specimen of a species listed in the annexes to the CITES Regulations without the required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or certificates, shall be prohibited.

(4) ( a ) The Minister may make regulations to prohibit the holding or possession of any specimen of a species listed in annexes to the CITES Regulations.

( b ) It shall be an offence to hold or possess any such specimen contrary to any regulations made under paragraph (a) of this subsection.

(5) ( a ) Subject to subsection (6) , a person who, in contravention of the CITES Regulations

(i) imports, introduces from the sea, exports, re-exports, engages in movement, holds or possesses any specimen of a species listed in annexes to the CITES Regulations without the required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or certificates, or

(ii) purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale contrary to Article 8 of the Council Regulation a specimen of a species listed in Annex A to the CITES Regulations, or

(iii) purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale contrary to Article 8 of the Council Regulation a specimen of a species listed in Annex B to the CITES Regulations imported or acquired contrary to the CITES Regulations, or

(iv) fails to comply with any condition or requirement of a permit or certificate, or

(v) fails to comply with the requirements of paragraph 1, 4 or 5 of Article 9 of the Council Regulation relating to the holding or transport or movement of live specimens, or

(vi) makes false or misleading statements or declarations with a view to obtaining a permit or certificate, or of clearing specimens for import or export, or

(vii) furnishes a document or information which is false with a view to obtaining a permit or certificate, or falsifies or alters any permit or certificate, or uses or furnishes a false or invalid permit or certificate or one altered without authorisation, or

(viii) fails to make an import notification or makes a false import notification contrary to Article 4 of the Council Regulation, or

(ix) uses any specimen of a species listed in Annex A to the CITES Regulations otherwise than in accordance with the authorisation given at the time of issue of the import permit or subsequently, or

(x) trades in artificially propagated plants contrary to the provisions of Article 7 of the Council Regulation, or

(xi) uses a permit, certificate or import notification for any specimen other than for which it was issued, or

(xii) fails to disclose rejection of an application for an import, export or re-export permit or certificate in accordance with Article 6 of the Council Regulation, or

(xiii) engages in transit or transshipment of any specimen of a species listed in annexes to the CITES Regulations without the required valid permit or certificate or document, or without satisfactory proof of the existence of such permit or certificate or document, as appropriate,

shall be guilty of an offence.

( b ) A person who aids or abets the commission of an offence under subsection (4)(b) or (5)(a) shall be guilty of an offence.

(6) Nothing in this section shall make unlawful anything which is duly done under, and in accordance with the terms of, any certificate or general derogation granted pursuant to the CITES Regulations.

(7) Nothing in this section shall prevent the application of the Customs Acts to offences committed under the said Acts in relation to the import, export, or any attempt thereat, of prohibited specimens in contravention of subsection (3) of this section.

(8) ( a ) A word or expression that is used in this section and is also used in the CITES Regulations shall, unless the contrary intention appears, have in this section the meaning that it has in the CITES Regulations.

( b ) For the purposes of this section, references to a permit or certificate include references to

(i) an import permit of the kind referred to in Article 4 of the Council Regulation,

(ii) an export permit or a re-export certificate of the kind referred to in Article 5 of the Council Regulation,

(iii) a certificate of any of the kinds referred to in Article 10 of the Council Regulation, or

(iv) a label of the kind referred to in paragraph 4 of Article 7 of the Council Regulation. ]

Annotations:

Amendments:

F186

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 58, S.I. No. 371 of 2001.

Editorial Notes:

E207

The section heading is taken from the amending section in the absence of one included in the amendment.

Saver in relation to Customs Acts.

54

54.No order or regulation made under or thing done in accordance with the provisions of this Act shall absolve the importer, exporter or other person concerned with the import or export of any animal, plant or other thing from complying with the relevant requirements of the Customs Acts in regard to the animal, plant or other thing concerned.

PART IV

Land and Waters

Land purchase orders.

55

55. (1) For the purposes of this section—

land for transfer” means—

( a) in case the Minister is satisfied that the relevant land is land held in commonage and where at least one of the owners of the land does not wish to sell pursuant to this section to the Minister his interest in the land, all that land other than the part thereof which is to be taken by way of exchange under this section,

( b) in any other case, the relevant land;

land held in commonage” means land which is held by two or more persons (in this section referred to as owners in common) in common in undivided shares, whether as joint tenants or as tenants in common;

relevant land” means the whole of the land which either is, or is proposed to be, as the context may require, the subject of an order under this section;

remaining land” means, in relation to relevant land which the Minister is satisfied is land held in commonage and as regards which at least one owner does not wish to sell pursuant to this section his interest in the land to the Minister, all the land, apart from the land for transfer, comprised in the relevant land;

State annuity” has the same meaning as in section 12 of the Act of 1946.

(2) Where—

( a) the Minister wishes to purchase land, and

F187 [ ( b ) the purpose for which the Minister proposes to use the land is a purpose of the Wildlife Acts, 1976 and 2000 , and ]

( c) the ownership of the land is registered under the Registration of Title Act, 1964, and,

( d) (i) the vendor claims to have an interest in the land which enables him to offer to the Minister vacant possession of the land, or

(ii) the vendor claims that the land is land held in commonage and that he has an interest therein which enables him to offer to the Minister an undivided share therein, and

( e) the Minister receives—

(i) in every case, a statement in writing signed by the vendor specifying the grounds on which his claim is based and stating that the vendor is willing to sell to the Minister the interest he claims to have in the land for a price agreed between the vendor and the Minister and specified in the statement,

(ii) in case the vendor claims that the land is land held in commonage by him with only one other owner in common and where that owner is not willing to sell to the Minister his interest in the land, in addition to the aforesaid statement, a statement in writing signed by the other person concerned specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land a sole or exclusive interest in a part of the land which shall be specified in the statement,

(iii) in case the vendor claims that the land is land held in commonage by him with two or more other owners in common and where those owners in common are not willing to sell to the Minister their interests in the land, in addition to the statement described in subparagraph (i) of this paragraph, a statement in writing by each person concerned and signed by him specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land an undivided share in common with the other owners in common apart from the vendor in a part of the land, which shall be specified in the statement,

the Minister may, in his absolute discretion, make an order under this section (subsequently in this section referred to as a purchase order) in relation to the land.

(3) A purchase order shall not be made by the Minister unless—

( a) the Minister has caused a notice in the prescribed form of his intention to make the order and specifying the relevant land to be published at least two months previously in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the said land is situated and copies of the notice have been duly served on the vendor of the said land and on all other persons appearing to the Minister to have an interest in the said land, and

( b) the Minister is unaware of any claim, other than the vendor’s, to an interest in the land, or if there is a burden registered in a register maintained under the Registration of Title Act, 1964, which affects the land, or where the Minister is aware of any other such claim, the burden or claim has been disposed of to the satisfaction of the Minister, the owner of the burden or the person making the claim, as may be appropriate, and any other person known to the Minister to be concerned.

(4) Where the Minister makes a purchase order the following provisions shall have effect:

( a) the order shall without further assurance vest in the Minister in fee simple the land for transfer free from all rights (including any public right) charges, burdens or other incumbrances or interests and from the claims of all persons who are interested in the said land, whether in respect of incumbrances or interests therein or otherwise howsoever, other than—

(i) in case the said land is subject to a State annuity, that State annuity,

(ii) such burdens (if any) as are specified in the order,

( b) in case the relevant land is land held in commonage, as on and from the date of the order, the land shall cease to be held in common by the owners in common, and—

(i) in case immediately before the making of the order the relevant land was held by the vendor and two or more other owners in common (being owners in common who are not willing to sell to the Minister their interests in the land), the order shall, without further assurance vest in fee simple in the other owners in common, and in only those owners in common, the remaining land which shall be held by them as tenants in common in shares proportionate to the proportions of their former shares, one to another, in the relevant land,

(ii) in case immediately before the making of the order the relevant land was held by the vendor with only one other owner in common (being an owner in common who is not willing to sell to the Minister his interest in the land), the order shall vest in fee simple in the other owner in common the remaining land,

( c) in respect of the interest of the vendor in the relevant land—

(i) the order shall operate, as on and from the date thereof, to transfer and attach to the amount payable by the Minister to the vendor pursuant to subsection (6) of this section all estates, trusts and incumbrances subsisting in respect of that interest immediately before the date of the order, and

(ii) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the interest, represent that interest for all purposes,

( d) in respect of the interest of owners in common (if any) apart from the vendor in the relevant land—

(i) the order shall operate, as on and from the date of the order, to transfer to the interest of those owners in common in the remaining land all estates, trusts and incumbrances subsisting in respect of the interest of those owners in common in the relevant land immediately before the date of the order, and

(ii) the interest of those owners in common in the remaining land shall, as respects any rights or claims existing immediately before the date of the order to or against the interest of those owners in common in the relevant land, represent the last-mentioned interest of those owners in common for all purposes.

(5) Where land for transfer becomes vested in the Minister by virtue of an order made under this section, the registering authority under the Registration of Title Act, 1964, shall, upon production of a copy of the order under the official seal of the Minister, register the Minister in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land and the authority shall in addition cause such other alterations (if any) to be made in the appropriate such register as are appropriate having regard to the terms of the order.

(6) On the making of a purchase order the Minister shall pay—

( a) in case the Minister is then unaware of any claim to an interest in the land concerned, other than that of the vendor, or in case the Minister is aware of such other claim, either the Minister has received a statement referred to in subparagraph (ii) or subparagraph (iii) of subsection (2) (e) of this section or it has been agreed between the Minister and the person making the other claim that no payment is to be made by the Minister in respect of the claim, to the vendor an amount equal to the agreed purchase price,

( b) in case a claim or claims to such an interest other than the claim of the vendor has or have been made and the Minister has agreed to make a payment in respect of such other claim, to any person making such other claim the amount which has been agreed in regard thereto and to the vendor such amount as has been agreed between the Minister and the vendor having regard to the other claim or claims, as the case may be.

(7) A person who immediately prior to the making of a purchase order is entitled to an interest in the relevant land but who fails to bring to the notice of the Minister his claim to the interest prior to such making shall, as from such making, cease to have any interest in the said land and in lieu thereof shall be entitled to obtain compensation from the Minister in respect of the loss of the interest; provided that the application to the Minister for the compensation is made, within—

( a) in case the person is a minor or a person of unsound mind, a period of six years from the date when such person ceases to be under such disability or dies whichever event first occurs, but not more than thirty years after such making,

( b) in any other case, a period of six years from the date of the purchase order.

F188 [ (8) ( a ) Compensation payable by the Minister pursuant to subsection (7) of this section shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section and the order under this section shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section.

( b ) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by virtue of this subsection, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking.

( c ) Where money is paid into court by the Minister under section 69, as applied by this subsection, of the Lands Clauses Consolidation Act, 1845, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money. ]

(9) Subject to paragraphs (a) and (b) of subsection (7) of this section, compensation under that subsection may be paid to the personal representative of a person entitled thereto.

(10) Where the Minister pays compensation under subsection (7) of this section pursuant to an application in that behalf, he may, if he thinks fit, require the person who agreed with him to sell an interest in land to which the application relates to pay to him—

( a) in case the amount of the compensation does not exceed the amount paid by the Minister to the person pursuant to subsection (6) of this section, an amount equal to the compensation,

( b) in case the compensation exceeds the amount so paid, the amount so paid,

and in case a person fails to pay to the Minister an amount duly required to be paid to him under this section, that amount shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

(11) Where a purchase order is made in respect of land (in this subsection referred to as the transferred land) which immediately before the date of the order was subject in conjunction with other land to a State annuity, the following provisions shall apply:

( a) the Minister shall give notice of the making of the order to the authority to whom the State annuity is payable,

( b) the said authority shall, as soon as may be after the receipt of the notice, do one of the following things, namely—

(i) apportion, with effect as on and from the day immediately preceding the date of the purchase order, the State annuity in such manner as the authority considers proper between the transferred land and all or part of the other land, or

(ii) declare the whole of the State annuity to be exclusively charged, with effect as on and from the day immediately preceding the date of the purchase order, on either the transferred land or all or part of the other land.

(12) A purchase order shall have attached thereto a map or plan showing the land to which the order relates.

(13) No stamp duty shall be payable on any purchase order nor shall any fee be payable in respect of proceedings in the Land Registry under subsection (5) of this section.

Annotations:

Amendments:

F187

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 14(a), S.I. No. 371 of 2001.

F188

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 14(b), S.I. No. 371 of 2001.

Modifications (not altering text):

C19

Functions under section transferred and references to “Minister for Finance” construed (2.03.1995) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1995 (S.I. No. 61 of 1995), art. 4 and sch., subject to transitional provisions in arts. 5-9.

4.(1) There are hereby transferred to the Minister for Arts, Culture and the Gaeltacht the functions vested in the Minister for Finance by or under any enactment mentioned in the Schedule to this Order, immediately before the commencement of this Order.

(2) References to the Minister for Finance contained in any Act or Instrument thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Arts, Culture and the Gaeltacht.

...

SCHEDULE

...

Section 55 and subsections (1) to (4) of section 63 of the Wildlife Act, 1976 (No. 39 of 1976);

...

Editorial Notes:

E208

Previous affecting provision: functions under section transferred and references to “Minister for Energy” construed (17.12.1988) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1988 (S.I. No. 353 of 1988), art. 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per C-note above.

Management etc. of certain land acquired, held or used by the Minister.

56

56. F189 [ (1) All land acquired or vested in the Minister under the Wildlife Acts, 1976 and 2000 , other than land which the Minister considers to be land to which this subsection and subsection (2) of this section should not apply and in relation to which a direction (which the Minister is hereby empowered to give) that those subsections shall not apply to the land is given by the Minister and is in force, shall stand held by the Minister for the purposes of the Wildlife Acts, 1976 and 2000 , and may, as the Minister considers appropriate, at any time be managed and used for all or any of the following purposes, namely:

( a ) the conservation of wildlife;

( b ) the management and exploitation of hunting and fishing resources;

( c ) other purposes ancillary to any of the foregoing, including the growth of forest crops, the promotion of scientific knowledge, amenity, or recreational or educational purposes. ]

(2) Where the Minister considers that land, being land acquired by or vested in the Minister in the manner mentioned in subsection (1) of this section, is not suitable for any purpose mentioned in that subsection, such land may be managed or used or otherwise dealt with by the Minister in such manner as he thinks fit, and in case land so acquired or vested is not immediately required for use for such a purpose, pending its use therefor the land may be used in such manner as the Minister thinks fit.

(3) The Minister may make such charges (if any) to the public as he considers appropriate for public access to, or use for car-parking or any other purpose of, any land managed or used by him for a purpose mentioned in subsection (1) of this section.

Annotations:

Amendments:

F189

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 60, S.I. No. 371 of 2001.

State ownership of certain inland waters.

57

57. (1) Where the Minister is of opinion that there is a doubt as to whether or not any lake or other inland waters belong to the State but, in his opinion, it is likely that the lake or other inland waters do so belong, he may, after consultation with the Minister for Agriculture and Fisheries, publish a notice in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the lake or other inland waters are situate requiring either, as may be stated in the notice—

( a) any person who claims to have or to be entitled to enjoy an interest in or over the lake or other inland waters (which shall be specified in the notice) or, in the case of a lake, in or over the lakeshore accretion (if any) from the lake, or

( b) any person who claims to have or to be entitled to enjoy an interest, other than a right of fishing, in or over the lake or other inland waters (which shall be so specified) or in or over such lakeshore accretion,

to furnish to the Minister within a period specified in the notice (being a period of not less than two months from the date of the publication in the Iris Oifigiúil) particulars of the interest together with an abstract (accompanied by copies of all abstracted documents) of his title to the interest or of the grounds on which the claim is based.

(2) Where a person furnishes to the Minister particulars required by a notice under subsection (1) of this section, the Minister shall pay to the person all costs necessarily and reasonably incurred by him in relation thereto.

(3) Where a notice is published under subsection (1) of this section, if in relation either to the whole of the inland waters and lakeshore accretion (if any) to which the notice relates or to a part of those waters or that lakeshore accretion (if any) either—

( a) there is not furnished by any person within the period specified particulars of an interest duly supported by the abstract and copies of documents required by the notice, or

( b) the period so specified has expired and the Minister acquires by agreement all interests particulars of which have been furnished to him pursuant to this section,

then, the Minister may by order declare that the fee simple—

(i) in case the requirements of paragraph (a) or paragraph (b) of this subsection are complied with as regards the whole of the said inland waters and lakeshore accretion (if any), in the land covered by the waters to which the notice relates or, in the case of a lake, comprised in any lakeshore accretion from the lake to which the notice relates, belongs to the State,

(ii) in case the said requirements are complied with only as regards a particular part of the said inland waters, or a particular part of any such lakeshore accretion, or a particular part of the said inland waters and lakeshore accretion, in the land covered by the said part of the said inland waters, or comprised in the said part of the said lakeshore accretion, or in such land and so comprised, as may be appropriate, belongs to the State,

together with any interest in or over the said land or waters which is inferior to the aforesaid fee simple; provided that in case the particulars required by the notice to be furnished to the Minister are particulars of interests other than rights of fishing, the terms of the declaration shall be framed so as not to include rights of fishing.

(4) A declaration made under this section shall operate as regards the land to which it relates in accordance with its terms and shall be conclusive evidence of the matters declared and shall not be questioned in any legal proceedings.

(5) Where the Minister makes a declaration under this section and a person subsequently proves that but for the making of the declaration he would have an interest (whether vested or contingent) in or over the land or lake or other inland waters to which the declaration relates, the person shall be entitled to be paid compensation by the Minister in respect of the interest.

(6) A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919 in like manner in all respects as if such claim arose in relation to compulsory acquisition of land.

(7) Nothing in this section shall restrict, prejudice or affect the functions of sanitary authorities or the Minister for Local Government under the Local Government (Sanitary Services) Acts, 1878 to 1964, or the Water Supplies Act, 1942.

Right to hunt on or over territorial seas of State vested in State.

58

58. (1) It is hereby declared that the right to hunt fauna in or over the portion of the sea which is the territorial seas of the State belongs to the State.

(2) It shall not be lawful for a person without the permission of the Minister, to hunt fauna on, in or over any part of the portion of the sea mentioned in subsection (1) of this section.

F190 [ (3) Any person who contravenes subsection (2) of this section shall

( a ) commit a trespass, and

( b ) be guilty of an offence. ]

F191 [ (4) Nothing in paragraph (a) of subsection (3) of this section shall operate to prejudice any legal proceedings which may be instituted apart from that paragraph and a person who contravenes subsection (2) of this section may, if the Minister thinks fit, be sued by the Minister for trespass in any court of competent jurisdiction and for the purpose of giving jurisdiction under this Act the trespass shall be deemed to have been committed where the person complained against may be. ]

Annotations:

Amendments:

F190

Substituted (31.07.2001), by Wildlife (Amendment) Act 2000 (38/2000), s. 61(a), S.I. No. 371 of 2001.

F191

Substituted (31.07.2001), by Wildlife (Amendment) Act 2000 (38/2000), s. 61(b), S.I. No. 371 of 2001.

Regulations permitting and regulating public access to certain land.

59

59. (1) Subject to subsections (3), (4) and (7) of this section, the Minister may make regulations permitting the public generally or any particular class or section of the public or the members of any body of persons which is of a particular class or description or the members of a particular body of persons, to have access to and use in accordance with the regulations—

( a) foreshore which is the property of the State,

( b) land (in this section subsequently referred to as a refuge) to which a designation order applies,

( c) any land (including land covered by inland waters) to which an establishment order applies and which is land owned by the State F192 [ whether or not the Minister has a joint or several interest in such land ] (which land is so referred to as a State land nature reserve),

F193 [ ( cc ) any other land held by the Minister for the purposes of the Wildlife Acts, 1976 and 2000 , ]

( d) land other than foreshore mentioned in paragraph (a) of this subsection, which forms the seabed under part of the territorial seas of the State and to which an establishment order applies (which land is so referred to as a seabed nature reserve).

(2) Regulations under this section may apply to all foreshore which is the property of the State, every refuge, State land nature reserve and seabed nature reserve, or to any such foreshore or any refuge, State land nature reserve or seabed nature reserve which is of a particular class or description, or to particular such foreshore or a particular refuge, State land nature reserve or F194 [ seabed nature reserve, or to all or any other land held by the Minister for the purposes of the Wildlife Acts, 1976 and 2000. ]

F195 [ (3) Regulations under this section which apply to foreshore shall regulate access to or use of such foreshore to such extent as the Minister considers necessary for the conservation of wildlife or of a wildlife habitat or of geological or geomorphological features, as the case may be, and such regulations shall be made by him only with the consent of the Minister for the Marine and Natural Resources and in addition to the foregoing, where the regulations relate to foreshore other than foreshore which is held by the Minister, they shall be made only after consultation with

( a ) in case such foreshore is held by the Commissioners, the Commissioners,

( b ) in any other case, the Minister of the Government by whom the foreshore is held, ]

(4) Regulations under this section which apply to a refuge shall regulate access to or use of the refuge to such extent as is necessary to enable the relevant designation order to have full effect.

(5) ( a) Subject to subsection (7) of this section and paragraph (b) of this subsection, the Minister may by regulations permit and regulate access to and use by the public generally of land to which either a recognition order applies or an agreement under section 18 of this Act relates.

( b) Regulations shall be made by the Minister under this subsection only on the request and with the agreement of—

(i) in case the regulations relate to land to which a recognition order applies, the owner of such land,

(ii) in case the regulations relate to land to which an agreement under the said section 18 relates, all the parties to the agreement (other than the Minister, where the Minister is such a party).

(6) Subject to subsection (7) of this section, the Minister may, at the request and with the agreement of a board established pursuant to section 14 of this Act, by regulations permit and regulate the access to and use by the public generally of any land held by that board.

(7) Regulations made—

( a) under subsection (5) or subsection (6) of this section,

( b) under subsection (1) of this section which regulate access to foreshore or to a refuge (not being a refuge held by the Minister) to which, immediately before the commencement of this section, the public generally had access,

shall be made by the Minister only after consultation with any planning authority any part of whose area the relevant foreshore adjoins or within whose area the relevant land, or any part thereof, is situate.

(8) ( a) Regulations under this section which have effect in relation to land held by the State shall, if the State ceases to hold the land to which they apply, thereupon cease to have effect in relation to the land.

( b) Regulations under this section which have effect in relation to land to which a designation order or a recognition order, as the case may be, for the time being applies shall, if the order is revoked, thereupon cease to have effect in relation to the land.

( c) Regulations made pursuant to subsection (6) of this section shall cease to have effect if and when the board at whose request they were made is dissolved or if it otherwise ceases to hold the land in respect of which the regulations were made.

(9) Where the Minister makes regulations under this section, he shall, as soon as may be after such making, cause a copy of the regulations to be sent to the Board and to any planning authority—

( a) in case the regulations affect foreshore, any part of whose area that foreshore adjoins,

( b) in any other case, within whose area the refuge or other land concerned, or any part thereof, is situate.

(10) Where the Minister decides to permit, whether by means of bye-laws, rules, regulations or otherwise, the public generally to have access, subject to specified conditions, for educational or leisure purposes to land held by the Minister, he shall, as soon as may be, give to the Board and to any planning authority in whose area the land or any part thereof, is situate particulars of his decision and in case the Minister varies or revokes such a decision he shall likewise inform the Board and such planning authority of the variation or revocation.

(11) In case the Minister permits, subject to specified conditions and whether by means of bye-laws, rules, regulations or otherwise, access for educational or leisure purposes to land held by him, any person who fails to comply, whether by act or omission, with any such condition shall be guilty of an offence.

Annotations:

Amendments:

F192

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(a)(i), S.I. No. 371 of 2001.

F193

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(a)(ii), S.I. No. 371 of 2001.

F194

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(b), S.I. No. 371 of 2001.

F195

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(c), S.I. No. 371 of 2001.

Editorial Notes:

E209

Power pursuant to section exercised (3.06.1981) by Nature Reserve (Lough Hyne) Regulations 1981 (S.I. No. 207 of 1981).

Creation of rights of way.

60

60. F196 [ ]

Annotations:

Amendments:

F196

Repealed (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 5(c), S.I. No. 371 of 2001.

Extinguishment of easements.

61

61. F197 [ ]

Annotations:

Amendments:

F197

Repealed (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 5(c), S.I. No. 371 of 2001.

PART V

Amendment of Enactments

Amendment of section 3 of Firearms Act, 1925.

62

62. Section 3 of the Firearms Act, 1925, is hereby amended by—

( a) the addition to subsection (1) of the following :

but before granting the certificate the Superintendent shall require the person to state in writing whether or not, if the certificate is granted, he intends to use the firearm to which the application relates to kill exempted wild mammals within the meaning of the Wildlife Act, 1976, (other than hares) and in case the person indicates that he intends so to use the firearm, the certificate shall be granted only on the production by the applicant of a current licence granted to him by the Minister for Lands pursuant to section 29 (1) of that Act. ”; and

( b) the addition to subsection (2) of—

“but before granting the certificate the Minister shall require the person applying for the certificate to state in writing whether or not, if the certificate is granted, he intends to use the firearm to which the application relates to kill exempted wild mammals within the meaning of the Wildlife Act, 1976, or protected wild birds within such meaning and to which an order under section 24 of that Act for the time being applies, and in case the person indicates that he so intends to use that firearm, the Minister shall grant the certificate only on production by the applicant of a current licence granted to him by the Minister for Lands pursuant to section 29 (2) of that Act.”.

Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946.

63

63. (1) F198 [ ]

(2) F198 [ ]

(3) F198 [ ]

(4) F198 [ ]

(5) Section 58 of the Act of 1946 is hereby amended as follows:

( a) subsection (1) shall have effect as if the words “ rabbits or”, wherever they occur, were deleted, and

( b) the following is hereby substituted for subsection (3):

“(3) Each of the following shall be vermin for the purposes of this section—

( a) any wild bird which is not a protected wild bird within the meaning of the Wildlife Act, 1976,

( b) any wild animal (other than a bird) which is not a protected wild animal within the meaning of that Act.”

Annotations:

Amendments:

F198

Repealed (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 5(c), S.I. No. 371 of 2001.

Editorial Notes:

E210

Previous affecting provision: functions under subss. (1)-(4) transferred and references to “Minister for Finance” construed (2.03.1995) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1995 (S.I. No. 61 of 1995), art. 4 and sch., subject to transitional provisions in arts. 5-9; subsections repealed as per F-note above.

E211

Previous affecting provision: functions under subss. (1)-(4) transferred and references to “Minister for Energy” construed (17.12.1988) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1988 (S.I. No. 353 of 1988), art. 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per E-note above.

Amendment of First Schedule to State Property Act, 1954.

64

64.The First Schedule to the State Property Act, 1954, is hereby amended by the substitution in paragraph 1 of “ the Forestry Act, 1946, or under the Wildlife Act, 1976 ” for “the Forestry Act, 1946 (No. 13 of 1946)” and the said paragraph 1, as so amended, is set out in the following Table :