Wildlife Act 1976

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.

F75[(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:

F75

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000), s. 37, S.I. No. 371 of 2001.