Wildlife Act 1976

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 F157[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,

F158[(cc) prescribe conditions with regard to the practice of taxidermy by the holder of a wildlife dealers 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,

F159[(dd) require the holder of a wildlife dealers 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,

F160[(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 F161[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.

F162[(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:

F157

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.

F158

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.

F159

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.

F160

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.

F161

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.

F162

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:

E212

Power pursuant to section exercised (29.07.1977) by Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1977 (S.I. No. 253 of 1977).