Wildlife Act 1976

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 F198[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),

F199[(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 F200[territorial sea 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 F201[seabed nature reserve, or to all or any other land held by the Minister for the purposes of the Wildlife Acts, 1976 and 2000.]

F203[(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 shall be made—

(a) after consultation with the Commissioners,

(b) with the consent of the Minister for Public Expenditure and Reform, and

(c) where the regulations relate to foreshore in relation to which functions are vested in a Minister of the Government, other than the Minister, with the consent of that other Minister of the Government.]

(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:

F198

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(a)(i), S.I. No. 371 of 2001.

F199

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(a)(ii), S.I. No. 371 of 2001.

F200

Substituted (22.11.2021), by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 9, S.I. No. 601 of 2021.

F201

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(b), S.I. No. 371 of 2001.

F202

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(c), S.I. No. 371 of 2001.

F203

Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 12(1), S.I. No. 279 of 2021, subject to continuation in force of regulations made under subs. (3) as per s. 12(2).

Modifications (not altering text):

C23

Functions transferred and references to Department of and Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Housing, Local Government and Heritage.

(2) References to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Local Government and Heritage.

3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–

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

(b) under the Regulations specified 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 Housing, Local Government and Heritage.

(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made 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 Housing, Local Government and Heritage.

SCHEDULE

Article 3

Part 1

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Section 59 of the Wildlife Act 1976 (No. 39 of 1976) in so far as it relates to foreshore which is the property of the State

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Editorial Notes:

E225

Power pursuant to section exercised (3.06.1981) by Nature Reserve (Lough Hyne) Regulations 1981 (S.I. No. 207 of 1981).

E226

Previous affecting provision: subs. (3) substituted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 62(c), S.I. No. 371 of 2001; substituted as per F-note above.