Wildlife Act 1976

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—

F44[(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,

F45[(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:

F46[(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—

F47[(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 F48[, 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.

F49[(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:

F44

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

F45

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

F46

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

F47

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

F48

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

F49

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

Editorial Notes:

E147

Power pursuant to section exercised (16.05.2022) by Flora (Protection) Order 2022 (S.I. No. 235 of 2022), in effect as per art. 2.

E148

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.

E149

Previous affecting provision: power pursuant to section exercised (21.05.2015) by Flora (Protection) Order 2015 (S.I. No. 356 of 2015); revoked (16.05.2022) by Flora (Protection) Order 2022 (S.I. No. 235 of 2022), art. 4, in effect as per art. 2.

E150

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.

E151

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.

E152

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).

E153

Previous affecting provision: Minister empowered to grant a license to permit a derogation from compliance with this section (26.02.1997) byEuropean 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).

E154

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.

E155

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.