Wildlife (Amendment) Act 2010

Wildlife (Amendment) Act 2010


Number 19 of 2010


WILDLIFE (AMENDMENT) ACT 2010

REVISED

Updated to 18 July 2018


This Revised Act is an administrative consolidation of the Wildlife (Amendment) Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), made 20 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 19 of 2010


WILDLIFE (AMENDMENT) ACT 2010

REVISED

Updated to 18 July 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Wildlife Acts 1976 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Heritage Act 2018 (15/2018), s. 1(3)). The Acts in this group are:

Wildlife Act 1976 (39/1976)

Wildlife (Amendment) Act 2000 (38/2000)

Wildlife (Amendment) Act 2010 (19/2010)

Wildlife (Amendment) Act 2012 (29/2012)

Heritage Act 2018 (15/2018), Part 3 (ss. 6-10)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Heritage Act 2018 (15/2018)

All Acts up to and including Heritage Act 2018 (15/2018), enacted 18 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015)

European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. No. 499 of 2013)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

All statutory instruments up to and including Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), made 20 July 2018, were considered in the preparation of this revision.


Number 19 of 2010


WILDLIFE (AMENDMENT) ACT 2010

REVISED

Updated to 18 July 2018




Number 19 of 2010


WILDLIFE (AMENDMENT) ACT 2010

REVISED

Updated to 18 July 2018


AN ACT TO AMEND THE WILDLIFE ACT 1976; AND TO PROVIDE FOR RELATED MATTERS.

[10 th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Act collectively construed (21.07.2015) by European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015), reg. 1(3), in effect as per reg. 1(4).

Citation, construction and commencement

1. ...

(3) The Wildlife Act 1976, the Wildlife (Amendment) Act 2000, the Wildlife (Amendment) Act 2010, the Wildlife (Amendment) Act 2012, the European Communities (Birds and Natural Habitats) (Restrictions of the Use of Poison Bait) Regulations 2010 (S.I. 481 of 2010), the European Communities (Birds and Natural Habitats) Regulations 2011, the European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013, and these Regulations shall be construed together as one.

...

C2

Act collectively construed (17.12.2013) by European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. No. 499 of 2013), reg. 1(3), in effect as per reg. 1(4).

Citation and construction

1. ...

(3) The Wildlife Act 1976, the Wildlife (Amendment) Act 2000, the Wildlife (Amendment) Act 2010, the Wildlife (Amendment) Act 2012, the European Communities (Birds and Natural Habitats) (Restrictions of the Use of Poison Bait) Regulations 2010, the European Communities (Birds and Natural Habitats) Regulations 2011, and these Regulations shall be construed together as one.

...

C3

Act collectively construed (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 1(2), in effect as per reg. 1(3).

Citation

1. ...

(2) The Wildlife Act 1976, the Wildlife (Amendment) Act 2000, the Wildlife (Amendment) Act 2010 and these Regulations shall be construed together as one.

...

C4

Application of collectively cited Wildlife Acts restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 9(10)), in effect as per reg. 1(3).

Surveillance and monitoring

9. ...

(10) A person may lawfully do anything authorised by a licence under this Regulation notwithstanding any provision of the Wildlife Acts 1976 to 2010 and for the avoidance of doubt shall not require a licence under those Acts to do anything so authorised.

...

1.

Definitions.

1.— In this Act—

“Act of 2000” means the Wildlife (Amendment) Act 2000;

“ Principal Act” means the Wildlife Act 1976.

2.

Repeal of section 26(1) of Principal Act.

2.— Subsection (1) of section 26 (amended by section 35 of the Act of 2000) of the Principal Act is repealed.

3.

Prohibition on deer hunting with dogs.

3.— The Principal Act is amended by the insertion of the following new section after section 23:

“23A.— (1) In this section ‘deer’ includes a deer that is not a wild animal.

(2) Subject to subsection (3), a person who hunts deer with two or more dogs shall be guilty of an offence.

(3) It shall not be an offence for a person on foot to hunt deer with 2 or more dogs, under and in accordance with—

( a) a licence granted under section 29 of this Act, or

( b) a permission granted under section 42 of this Act.”.

4.

Amendment of section 29 of Principal Act.

4.— Section 29 (as substituted by section 4 of the Firearms (Firearm Certificates for Non-Residents) Act 2000) of the Principal Act is amended—

( a) in subsection (5)( a), by substituting “Subject to subsection (5A), where” for “Where”, and

( b) by inserting the following subsection after subsection (5):

“(5A) ( a) A firearm certificate to which this subsection applies shall for the purposes of sections 22(4) and 23(5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75(1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates, to engage in the activities referred to in subparagraphs (i) and (ii) of subsection (5)( a).

( b) This subsection applies to a firearm certificate that is granted—

(i) in respect of a shot-gun, and

(ii) on or after 1 August 2009 but before1 August 2012.”.

5.

Amendment of section 44 of Principal Act.

5.— Section 44(2) of the Principal Act is amended—

( a) in paragraph ( c), by substituting “subsection (5) or (5A) of section 29” for “section 29(5)”,

( b) by deleting “either”, and

( c) by inserting “, a current firearm certificate to which subsection (5A) of that section applies” after “the said section 29”.

6.

Amendment of section 72 of Principal Act.

6.— Section 72 of the Principal Act is amended in paragraph ( b) of subsection (2) (as substituted by section 65 of the Wildlife (Amendment) Act 2000), by substituting “subsection (5) or (5A) of section 29” for “section 29(5)”.

7.

Amendment of section 74 (penalties) of Principal Act.

7.— F1 [ ]

Annotations:

Amendments:

F1

Repealed (18.07.2018) by Heritage Act 2018 (15/2018), s. 10(2)(b), commenced on enactment.

8.

Amendment of section 75 of Principal Act.

8.— Section 75 of the Principal Act is amended in paragraph ( a) of subsection (1), by substituting “subsection (5) or (5A) of section 29” for “section 29(5)”.

9.

Short title and collective citation.

9.— (1) This Act may be cited as the Wildlife (Amendment) Act 2010.

(2) The Wildlife Acts 1976 and 2000 and this Act may be cited together as the Wildlife Acts 1976 to 2010.