Wildlife Act 1976

Number 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2024

This revised Act is an administrative consolidation of the Wildlife Act 1976. 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 the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 14 May 2024, were considered in the preparation of this revision.

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 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, commencement and collective citation.
2.	Definitions.
3.	Service of notices, etc.
4.	Expenses.
5.	Application of moneys received by Minister.
6.	Gifts.
7.	Reports. (Repealed)
8.	Regulations and orders.
9.	Licences.
10.	Repeals.

PART II

Wildlife Conservation and Protection

Chapter I

General

11.	Functions of Minister in relation to wildlife.
12.	Obligations generally of Ministers of State and certain other authorities and bodies in relation to nature reserves and refuges.
13.	Wildlife Advisory Council. (Repealed)
14.	Establishment of boards to provide or administer certain services.

Chapter II

Reserves and Refuges

15.	Nature reserves on lands owned by the Minister or by the State.
16.	Nature reserves on land other than land to which section 15 applies.
17.	Refuges for fauna.
18.	Agreement as to user and management of land.

Chapter III

Protection of wild birds, protected animals and flora

19.	Protection of wild birds.
20.	Protection of fauna (other than protected wild birds).
21.	Protection of flora.
22.	Enforcement of protection of wild birds.
23.	Enforcement of protection of wild animals (other than wild birds).
23A.	Prohibition on deer hunting with dogs.
24.	Open seasons for certain protected wild birds.
25.	Open seasons for certain wild mammals.
26.	Licences to hunt otters or deer and to hunt or course hares.
27.	Temporary suspension of open seasons.

Chapter IV

Restrictions to protect wildlife

28.	General restriction as regards hunting or killing with firearms certain exempted wild mammals and certain protected wild birds.
29.	Licences to hunt with firearms.
30.	Hunting restricted on or over foreshore belonging to State and certain land so belonging.
31.	Sale, purchase and possession of certain perching birds prohibited.
32.	Ringing and marking, and possession of cannon-nets, etc. restricted.
33.	Restriction on use of certain firearms etc.
34.	Certain use of traps, snares etc. prohibited.
35.	Certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted.
36.	Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.
37.	Hunting by night restricted.
38.	Use of lamps, mirrors etc. in hunting prohibited.
39.	Burning of vegetation near woods or certain other land restricted.
40.	Destruction of vegetation on uncultivated land restricted.

Chapter V

Miscellaneous

41.	Falconry etc.
42.	Damage by wild birds etc.
43.	Land drainage schemes.
44.	Unlawful hunting or entry on land and other miscellaneous matters.

PART III

Regulation and control of wildlife dealing and the transport, import and export of wildlife

45.	Sale, purchase and possession of fauna restricted.
46.	Regulation and control of wildlife dealing.
47.	Prohibition on wildlife dealing without wildlife dealer's licence.
48.	Wildlife dealer’s licence.
49.	Revocation of wildlife dealer’s licence.
50.	Minister may publish list of wildlife dealers or notice of revocation.
51.	Transport of packages etc. containing certain fauna.
52.	Import of fauna and flora.
53.	Export of fauna and flora.
53A.	Regulation of trade in wild flora and fauna and CITES Regulations.
53B.	Simplified procedures for export or re-export of dead specimens of species listed in Annexes B and C to Council Regulation.
54.	Saver in relation to Customs Acts.

PART IV

Land and Waters

55.	Land purchase orders.
56.	Management etc. of certain land acquired, held or used by the Minister.
57.	State ownership of certain inland waters.
58.	Right to hunt on or over territorial seas of State vested in State.
59.	Regulations permitting and regulating public access to certain land.
60.	Creation of rights of way. (Repealed)
61.	Extinguishment of easements. (Repealed)

PART V

Amendment of Enactments.

62.	Amendment of section 3 of Firearms Act, 1925.
63.	Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946.
64.	Amendment of First Schedule to State Property Act, 1954.
65.	Amendment of Firearms Act, 1964.
66.	Amendment of section 69 of Registration of Title Act, 1964.
67.	Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

PART VI

Miscellaneous

68.	Inspection of land. (Repealed)
69.	Attempts etc. and miscellaneous other offences.
70.	Prosecution of offences.
71.	Onus of proof.
72.	Powers of Garda Síochána and authorised persons.
73.	Search warrants.
74.	Penalties.
74A.	Fixed payment notice.
75.	Power of court to revoke certain certificates and licences and to impose certain disqualifications.
76.	Forfeiture.
77.	Appeal against seizures.
78.	Disposal of things seized.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Provisions which may be Included in an Order under Section 14

THIRD SCHEDULE

Species of Wild Birds Excluded (subject to Section 22 (2)) from Sections 19 and 22

FOURTH SCHEDULE

Fauna Referred to in Section 22 (6) or 23 (8)

PART I

Species of Protected Wild Birds Referred to in Section 22 (6)

PART II

Species of Protected Wild Animals Referred to in Section 23 (8)

FIFTH SCHEDULE

Animals Referred to in Section 23

Acts Referred to
Acquisition of Land (Assessment of Compensation) Act, 1919	1919, c. 57
Forestry Act, 1946	1946, No. 13
Forestry Act, 1956	1956, No. 6
Factories Act, 1955	1955, No. 10
Foreshore Act, 1933	1933, No. 12
Local Government Act, 1941	1941, No. 23
Greyhound Industry Act, 1958	1958, No. 12
Maritime Jurisdiction Act, 1959	1959, No. 22
Companies Act, 1963	1963, No. 33
Local Government (Planning and Development) Act, 1963	1963, No. 28
Local Government (Planning and Development) Act, 1976	1976, No. 20
Finance Act, 1895	1895, c. 16
Registration of Title Act, 1964	1964, No. 16
Whale Fisheries Act, 1937	1937, No. 4
Firearms Act, 1925	1925, No. 17
Firearms Act, 1964	1964, No. 1
Protection of Animals Act, 1911	1911, c. 27
Noxious Weeds Act, 1936	1936, No. 38
Arterial Drainage Act, 1945	1945, No. 3
Game Preservation Act, 1930	1930, No. 11
Destructive Insects and Pests (Consolidation) Act, 1958	1958, No. 11
Diseases of Animals Act, 1966	1966, No. 6
Health Act, 1947	1947, No. 28
Health Act, 1953	1953, No. 26
Agricultural and Fishery Products (Regulation of Export) Act, 1947	1947, No. 18
Water Supplies Act, 1942	1942, No. 1
State Property Act, 1954	1954, No. 25
Protection of Animals (Amendment) Act, 1965	1965, No. 10
Petty Sessions (Ireland) Act, 1851	1851, c. 93
Superannuation Act, 1859	1859, c. 26

Number 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2024

AN ACT FOR THE CONSERVATION OF WILDLIFE (INCLUDING GAME) AND FOR THAT PURPOSE TO PROTECT CERTAIN WILD CREATURES AND FLORA, TO ENABLE A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN CHOMHAIRLE UM FHIADHULRA AND IN THE ENGLISH LANGUAGE AS THE WILDLIFE ADVISORY COUNCIL TO BE ESTABLISHED AND TO DEFINE ITS FUNCTIONS, TO ENABLE CERTAIN OTHER BODIES TO BE ESTABLISHED TO PROVIDE OR ADMINISTER CERTAIN SERVICES, TO ENABLE RESERVES AND REFUGES FOR WILDLIFE TO BE ESTABLISHED AND MAINTAINED, TO ENABLE DEALING IN AND MOVEMENT OF WILDLIFE TO BE REGULATED AND CONTROLLED, TO MAKE CERTAIN PROVISIONS RELATING TO LAND, INLAND WATERS AND THE TERRITORIAL SEAS OF THE STATE, TO AMEND CERTAIN ENACTMENTS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [22nd December, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10(2), (4), 26 and sch. 1 part 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

Sections 10, 23 and 26

...

PART 2

Enactments for Purposes of Sections 10 and 26

...

No. 39 of 1976 Wildlife Act 1976 The whole Act.

...

Application of Act restricted (23.11.2023) by European Communities (Birds Declarations) Regulations 2023 (S.I. No. 576 of 2023), reg. 3(1) and sch. 1.

Derogations

3. (1) Notwithstanding the provisions of the Wildlife Act, 1976 (No. 39 of 1976), the Minister may, following consultation with such other Minister, or Ministers, of Government having relevant responsibilities or functions as the Minister considers appropriate, derogate, by declaration, from any of the obligations of the State under Articles 5, 6, 7 and 8 of the Directive, in respect of any species of bird listed in Schedule 1, where there is no other satisfactory solution, for one, or more, of the following reasons:

(a) (i) in the interests of public health and safety,

(ii) in the interests of air safety,

(iii) to prevent serious damage to crops, livestock, forests, fisheries and water, or

(iv) for the protection of flora and fauna;

(b) for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes;

(c) to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers.

...

SCHEDULE 1

Regulation 3(1)

SPECIES OF BIRD

Carrion Crow	Corvus cornix;
Hooded (Grey) Crow	Corvus corone;
Magpie	Pica pica;
Rook	Corvus frugilegus
Jackdaw	Corvus monedula;
Starling	Sturnus vulgaris;
Herring Gull	Larus argentatus;
Greater Black-backed Gull	Larus marinus;
Lesser Black-backed Gull	Larus fuscus;
House Sparrow	Passer domesticus;

Pigeon and Dove including Wood Pigeon (Columba palumbus), Feral Pigeon (Feral Columba livia) and Collared Dove (Streptopelia decaocto), but not including Carrier Pigeon, Fan Tailed Pigeon, Homing Pigeon or other domestic types of Rock Dove, Stock Dove (Columba oenas), Wild Rock Dove (Columba livia) or Turtle Dove (Streptopelia turtur);

Any species of wild bird where a declaration under Regulation 3 is made in the interests of air safety.

...

Functions transferred and references to Department of and Minister for Culture, Heritage and the Gaeltacht construed (9.09.2020) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020), arts. 2 and 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Department's name and Minister's title to Housing, Local Government and Heritage (30.09.2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 1(2).

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, Planning and Local Government.

(2) References to the Department of Culture, Heritage and the Gaeltacht contained in any Act or any instrument made thereunder 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, Planning and Local Government.

3. (1) The functions vested in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Culture, Heritage and the Gaeltacht contained in any Act or instrument made thereunder and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

SCHEDULE

Article 3

Part 1

...

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

...

Application of collectively cited Wildlife Acts 1976 to 2010 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.

Functions transferred and references to Department of and Minister for Finance construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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 Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 39 of 1976	Wildlife Act 1976	Sections 5, 8, 9 and 76(5); Second Schedule, paragraphs 11 and 12
...	...	...

Application of collectively cited Forestry Acts 1946 to 1988 restricted (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 46(1), S.I. No. 327 of 1998.

Lopping, cutting or removal of certain trees, etc.

46.—(1) Notwithstanding anything contained in the Forestry Acts, 1946 to 1988, the company may lop, cut or remove, or cause to be lopped, cut or removed, any tree, bush, shrub, hedge, plant or other matter growing naturally or with artificial assistance on land in the vicinity of a State airport which, in the opinion of the company, interferes with the operation and development of that airport, or which, following consultation with the Authority, the company considers obstructs or otherwise interferes with the safety or navigation of aircraft using such airport.

...

Editorial Notes:

Certificates of appointment issued under European Communities (Birds and Natural Habitats) Regulations 2011, reg. 4(2)(a) deemed to constitute any consent required by any Minister of Government under Act (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 4(8), in effect as per reg. 1(3).

Power to transfer fishery or fishing rights, acquired by or vested in Minister for Agriculture, Food and the Marine under collectively cited Forestry Acts 1946 to 1988, prescribed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 64(1)(a), commenced as per s. 5(2) and S.I. No. 262 of 2010, as construed (17.10.2011) by Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 455 of 2011), art. 4(b), in effect as per art. 1(2).

Existing orders, designation and licenses granted under Act continued in force (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 4, S.I. No. 371 of 2001.

Additional powers prescribed in connection with performance of functions under Act (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 66, S.I. No. 371 of 2001.

Previous affecting provision: functions transferred and references to Department of and Minister for the Environment, Heritage and Local Government construed as Department of and Minister for Tourism, Culture and Sport (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2 and 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8; note change of name of Department and title of Minister to Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011); superseded as per C-note above.

Previous affecting provision: functions under Act transferred and references to Department of and Minister for Community, Rural and Gaeltacht Affairs construed as Department of and Minister for the Environment and Local Government (10.07.2002) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002), arts. 3 and 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; note change of name of Department and title of Minister to Environment, Heritage and Local Government (10.06.2003) by Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 (S.I. No. 233 of 2003); superseded as per E-note above.

Previous affecting provision: functions under ss. 55, 63(1)-(4) transferred and references to Department of and Minister for Finance construed as Department of and Minister for Arts, Culture and the Gaeltacht (2.03.1995) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1995 (S.I. No. 61 of 1995), arts. 3 and 4, subject to transitional provisions in arts. 5-9; superseded as per E-note above.

Previous affecting provision: functions transferred and references to Department of and Minister for Finance construed as Department of and Minister for Arts, Culture and the Gaeltacht (20.12.1994) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1994 (S.I. No. 443 of 1994), arts. 3 and 4, subject to transitional provisions in arts. 5-9; superseded as per E-note above.

Previous affecting provision: certain functions transferred and references to Minister for the Marine construed as Minister for Finance (2.08.1990) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1990 (S.I. No. 207 of 1990), arts. 3 and 4, in effect as per art. 1(2); superseded as per E-note above.

E10

Previous affecting provision: functions under ss. 55, 63(1)-(4) transferred and references to Department of and Minister for Energy construed as Department of and Minister for Finance (17.12.1988) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1988 (S.I. No. 353 of 1988), arts. 3 and 4, subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E11

Previous affecting provision: application of Act restricted (21.07.1986) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986 (S.I. No. 254 of 1986), reg. 3(1) and schs. 1, 2, in effect as per reg. 1(2), as amended (26.04.1997) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997 (S.I. No. 152 of 1997), reg. 2, in effect as per reg. 1(2); revoked (23.11.2023) by European Communities (Birds Declarations) Regulations 2023 (S.I. No. 576 of 2023), reg. 9.

E12

Previous affecting provision: power to transfer fishery or fishing rights, acquired by or vested in the Minister under collectively cited Forestry Acts 1946 to 1988, prescribed (18.03.1980) by Fisheries Act 1980 (1/1980), s. 42(2)(a), commenced on enactment, and as substituted (20.12.1999) by Fisheries (Amendment) Act 1999 (35/1999), s. 19, S.I. No. 419 of 1999; repealed (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 4 and sch. 1, commenced on enactment. The Act does not define “the Minister” but this appears to refer to the Minister for Fisheries and Forestry as the ministerial title then was.

E13

Previous affecting provision: functions transferred and references to Department of Energy and Minister for Energy(other than any function in relation to the Forestry Acts, 1946 to 1976) construed as Department of and Minister for Finance (30.06.1987) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 156 of 1987), arts. 3 and 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E14

Previous affecting provision: functions under Act transferred and references to Department of and Minister for the Marine construed as Department of and Minister for Energy (31.03.1987) by Forestry and Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 96 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E15

Previous affecting provision: functions under Act transferred and references to Department of and Minister for the Public Service construed as Department of and Minister for Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E16

Previous affecting provision: references to Department of and Minister for Lands under Act construed as Department of and Minister for Fisheries (9.02.1977) by Lands (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 29 of 1977); superseded as per E-note above.

E17

Previous affecting provision: functions under Act relating to fisheries transferred and references to Department of and Minister for Agriculture and Fisheries under Act construed as Department of and Minister for Lands (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977), arts. 3, 4(5), subject to transitional provisions in arts. 5-8; superseded as per E-note above.

Revised Acts

Latest News and Publications

Wildlife Act 1976