44.—F139[(1) Any person, not being the owner or occupier of land, who, without the permission of the owner or occupier of the land or, in the case some other person is entitled to enjoy sporting rights over the land, that other person—

(a) hunts a wild bird or wild animal on the land,

(b) carries or brings on the land a thing mentioned in section 72(7) (as amended by section 65(d) of the Act of 2000), or

(c) shoots over or into the land,

commits an offence.]

(2) F139[Where a person who is neither the owner nor the occupier of land carries on the land a thing mentioned in section 72(7),] any of the following persons may demand of him (and take when given) his name and address, namely:

(a) the owner or occupier of the land or a person authorised by him to exercise on his behalf the powers exercisable by such owner or occupier under this section,

(b) a person who is entitled to enjoy sporting rights over the land or some other person so authorised by him to exercise on his behalf the powers exercisable by him under this section,

F140[(bb) an authorised person or a member of the Garda Síochána,]

(c) the holder, or a person deemed pursuant to F141[subsection (5) or (5A) of section 29] of this Act to be the holder, of a licence granted under that section;

provided that the power conferred by this section on a person mentioned in paragraph (c) of this subsection shall only be exercisable on the production by him of F142[…] a current licence granted to him pursuant to the said section 29 F143[a current firearm certificate to which subsection (5A) of that section applies] or a current firearm certificate granted to him and endorsed in accordance with the requirements of subsection (8) of that section.

F144[(2A) An authorised person or a member of the Garda Síochána in exercising a power under subsection (2) of this section may size any firearm, other weapon or device or part thereof.]

(3) A person who refuses or who fails to give his correct name and address on a demand therefor being duly made pursuant to this section or who on such demand gives a name and address which is false or misleading shall be guilty of an offence.

(4) Summary proceedings for an offence under this section may be prosecuted by—

(a) a person who at the time at which the offence is alleged to have been committed (in this subsection referred to as the relevant time) is the owner or is in occupation of the land in relation to which the offence is alleged (in this subsection referred to as the relevant land),

(b) any individual who as regards the relevant land is at the relevant time entitled to enjoy sporting rights over such land,

(c) and in the name of the person who at the relevant time is the secretary of a recognised body which at such time is entitled to enjoy sporting rights over the relevant land;

provided that such an offence shall only be prosecuted by the secretary of a recognised body if,

(i) prior to the relevant time a notice stating that sporting rights specified in the notice over land so specified have been reserved for the body is published in a newspaper circulating in the area in which the relevant land is situate, and

(ii) the land so specified comprises or includes the relevant land.

(5) The Minister may by regulations declare any association, club, society or other body of persons which has for or amongst its objects the conservation of game to be a recognised body for the purposes of this section, and any body to which regulations under this subsection for the time being relate is in this section referred to as a recognised body.

(6) Subject to compliance with the requirements of the proviso to subsection (4) of this section, a notice published for the purposes of section 15 of the Game Preservation Act, 1930 (repealed by this Act), shall be regarded as having been published for the purposes of this Act.

F145[(7) In any proceedings for an offence under this section it shall not be necessary for the prosecutor to prove that, at the time of the offence, a defendant—

(a) was on the land without lawful authority, or

(b) was not the owner or occupier of the land,

and in case a defendant claims that he was on the land with lawful authority or is either the owner or occupier of the land, the onus of proving such authority, or that he is the owner or occupier of the land, shall be on the defendant.]

(8) In this section “game” means any exempted wild mammal or any protected wild bird which is of a species specified in an order under section 24 of this Act.