36.—(1) Notwithstanding anything contained in this Act apart from this section F108[…], a person shall not hunt or disturb for the purpose of hunting—

(a) any F109[wild animal] by means of a mechanically-propelled vehicle, vessel or aircraft, whether it is being so propelled or is stationary,

(b) any F110[wild bird] by means of such a vehicle, vessel or aircraft while it is being so propelled.

(2) Notwithstanding subsection (1) of this section, a mechanically-propelled vehicle, vessel or aircraft may be used to capture or kill, pursuant to and in accordance with a licence granted in that behalf by the Minister and for such educational, scientific or other purposes as are specified in the licence, F111[wild birds or wild animals] of a species so specified.

(3) Subsection (1) of this section shall not make unlawful anything which section 3 (3) of the Whale Fisheries Act, 1937, permits to be done.

(4) Subject to subsections (2) and (3) of this section, a person who contravenes subsection (1) of this section shall be guilty of an offence.

F112[(5) In this section, "mechanically-propelled" includes propulsion which is electrical or partly electrical and partly mechanical.]