Wildlife Act 1976

Transport of packages etc. containing certain fauna.

51

51.(1) This section applies to any package, parcel, box or other container which contains all or any of the following, namely:

(a) any protected wild bird or protected wild animal,

(b) the dead body, carcase or any other part either of a protected wild bird or protected wild animal,

(c) eggs of a protected wild bird.

F165[(cc) any species of flora to which an order under section 21 of this Act for the time being applies.]

(2) Every package, parcel, box or other container to which this section applies shall, if transported, whether by hand or otherwise, be marked conspicuously either on the outside thereof or on a label attached thereto, so as clearly to indicate—

F166[(a) that the package, parcel, box or other container contains wild birds, wild animals or flora, as may be appropriate,

(aa) the number of specimens and the species, respectively, of wild birds, wild animals or flora so contained and, in respect of each specimen captured, picked or otherwise taken (as appropriate) within the State or the territorial seas of the State, the location of where it was so captured, picked or otherwise taken, and]

(3) Any person who consigns or transports a package, parcel, box or other container which is not marked in the manner required by subsection (2) of this section and who knows that the package, parcel, box or other container, as the case may be, contains any thing mentioned in paragraph F167[(a), (b), (c) or (cc)] of subsection (1) of this section shall be guilty of an offence.

(4) In any proceedings for an offence under this section, it shall be a good defence to show that a package, parcel, box or other container to which the alleged offence relates did not contain at the time of the alleged offence protected wild birds or protected wild animals other than the following, namely, a protected wild bird or an exempted wild mammal lawfully hunted by virtue of an order under section 24 or 25 of this Act or the dead body or any part of such a protected wild bird or exempted wild mammal.

F168[(5) The Minister may by regulations provide that this section

(a) shall also apply to any package, parcel, box or other container which contains all or any of the following, that is to say:

(i) a wild bird of a species specified in the regulations for that purpose;

(ii) a wild animal of a species specified in the regulations for that purpose;

(iii) a species of flora specified in the regulations for that purpose;

and which for the time being is not a species to which subsections (1) to (4) of this section apply,

(b) shall not apply to any package, parcel, box or other container which contains all or any of the following, that is to say:

(i) a wild bird of a species specified in the regulations for that purpose;

(ii) a wild animal of a species specified in the regulations for that purpose;

(iii) a species of flora specified in the regulations for that purpose;

and which would, but for the regulations, be a species to which subsections (1) to (4) of this section would apply,]

Annotations

Amendments:

F165

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 55(a), S.I. No. 371 of 2001.

F166

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 55(b), S.I. No. 371 of 2001.

F167

Substituted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 55(c), S.I. No. 371 of 2001.

F168

Inserted (31.07.2001) by Wildlife (Amendment) Act 2000(38/2000), s. 55(d), S.I. No. 371 of 2001.

Modifications (not altering text):

C22

Application of section restricted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 59, S.I. No. 371 of 2001.

Saver in interest of public health and safety.

59.—Nothing in Part II, or section 51, of the Principal Act shall make unlawful any thing which is done pursuant to and in accordance with a licence granted in that behalf by the Minister for the purpose of preserving public health or public safety, including air safety.