Wildlife Act 1976

F223[Penalties.

74

74. (1) Where a person commits an offence under the Wildlife Acts 1976 to 2018, not being an offence mentioned in subsection (2), (3) or (4), such person is liable on summary conviction to a class A fine.

(2) Where a person commits an offence under section 28, 33, 34 or 38 (not being an offence to which subsection (3) applies) such person is liable

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding 100,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) Where a person commits an offence under Part II (other than under section 28, 33, 34 or 38) or under section 45, 47, 51, 52, 53A or 58(3)(b) in relation to

(a) any specimen of a species of fauna specified in the Fourth Schedule,

(b) any specimen of a species listed in annexes to the CITES Regulations, or

(c) any specimen of a species of flora or fauna which is of a species for the time being declared by regulations under this section to be a species to which this subsection relates,

such person is liable

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding 100,000 or to imprisonment for a term not exceeding 2 years or to both.

(4) Where a person commits an offence under section 19(9), 21(4)(a) or 36(11) of the Wildlife (Amendment) Act 2000, such person is liable

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding 100,000.

(5) Where a person commits an offence under section 69(3)(c) such person is liable

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

(6) Where the Minister is satisfied that a particular species of fauna or flora is in danger of extinction or requires special protection because of a threat to its existence throughout the State or in any specified area of the State, the Minister may by regulations declare

(a) the species, or

(b) the species in any specified area,

to be one to which subsection (3) relates.]

Annotations

Amendments:

F223

Substituted (18.07.2018) by Heritage Act 2018 (15/2018), s. 10(1), commenced on enactment.

Editorial Notes:

E229

Previous affecting provision: section amended (10.07.2010) by Wildlife (Amendment) Act 2010 (19/2010), s. 7(a)(i), commenced on enactment; section substituted as per F-note above.

E230

Previous affecting provision: section amended (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 68(d), S.I. No. 371 of 2001; section substituted as per F-note above.