Wildlife Act 1976

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 F179[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) F180[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 F181[wild bird or wild animal] of a species so specified,

(c) any part, other than the carcase, F182[or any product or derivative] of a wild animal or wild bird which is F182[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,

F183[(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 F184[]

(f) the flowers F185[, seeds, spores] or roots of any such wild plant,

(g) any part, other than the flowers F186[, seeds, spores] or roots, F187[or any product or derivative] of any such plant which is F187[a part, product or derivative] so specified.

F188[(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 Oifigiúil 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.

F189[(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:

F179

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(i), S.I. No. 371 of 2001.

F180

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(ii), S.I. No. 371 of 2001.

F181

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(iii), S.I. No. 371 of 2001.

F182

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(iv), S.I. No. 371 of 2001.

F183

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(v), S.I. No. 371 of 2001.

F184

Deleted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(vi), S.I. No. 371 of 2001.

F185

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(vii), S.I. No. 371 of 2001.

F186

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(viii), S.I. No. 371 of 2001.

F187

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(a)(viii), S.I. No. 371 of 2001.

F188

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 57(b), S.I. No. 371 of 2001.

F189

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000, (38/2000), s. 57(c), S.I. No. 371 of 2001.

Editorial Notes:

E219

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.

E220

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).

E221

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).

E222

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.