52.—(1) The Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the importation F169[into the State from outside the European Union], save under and in accordance with a licence granted by or on behalf of the Minister under this section, of all or any of the following:

(a) any wild animal or wild bird F170[, at any stage of its life,] of a species specified in the regulations,

(b) the dead body or the carcase of a wild animal or wild bird which is of a species so specified,

(c) any part, other than the carcase, F171[or any product or derivative] of a wild animal or wild bird which is F171[a part, product or derivative] so specified,

(d) the eggs or spawn of a species of wild animal or wild bird which is so specified,

F172[(dd) any part, product or derivative of the eggs or spawn of a wild animal or wild bird which is a part, product or derivative so specified,]

(e) any plant of a species so specified,

(f) the flowers F173[, seeds, spores] or roots of any such plant,

(g) any part, other than the flowers F174[, seeds, spores] or roots, F175[or any product or derivative] of any such plant which is F175[a part, product or derivative] so specified.

F176[(1A) (a) The Minister may, and shall in the case to which paragraph 1 of Article 12 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein relates, designate in writing the ports, airports and other places through which wild animals, wild birds or the eggs or spawn of wild animals or wild birds or plants, flowers, roots, seeds or spores of such plants may be imported into the State from outside the European Union and different places may be prescribed for different specified species.

(b) The Minister may designate in writing the ports, airports and other places through which any part, product or derivative of wild animals, wild birds or of the eggs or spawn of a wild animal or wild bird or of plants, flowers, roots, seeds or spores of such plants, of species specified in the regulations may be imported into the State from outside the European Union and different places may be prescribed for different specified species.

(c) A designation under this subsection may be amended or revoked in writing by the Minister.

(d) Notice of the making of a designation under this subsection, and every amendment or revocation thereof, shall be published in the Iris Oifigiúil as soon as possible after it has been made, amended or revoked, as the case may be.]

(2) The Minister may grant to a person a licence to import any thing the importation of which is prohibited by regulations made under subsection (1) of this section.

(3) The Minister may authorise a person to grant on his behalf a licence mentioned in subsection (2) of this section.

(4) Where an animal, plant or other thing is imported in contravention of this section, an officer of Customs and Excise may require any person (being the importer or carrier concerned) to export the animal, plant or other thing within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence and the animal, plant or other thing shall be killed or otherwise disposed of as the Minister directs.

F177[(4A) Any officer of An Post duly authorised in that behalf may detain and examine and, if considered necessary, open for that purpose any postal packet containing, or reasonably suspected by that officer of containing, any thing which is being imported in contravention of this section, and if a postal packet so detained contains any such thing, the officer of An Post shall dispose of the packet and its contents in accordance with the instructions of the Minister.]

(5) Nothing in this section or in section 53 of this Act shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Destructive Insects and Pests (Consolidation) Act, 1958, the Diseases of Animals Act, 1966, or the Fisheries Acts, 1959 to 1974, or the functions of the Minister for Health under section 31 of the Health Act, 1947, as amended by section 34 of the Health Act, 1953.

F178[(6) (a) The Minister may, if considered necessary, by regulations prohibit the possession or introduction of any species of wild bird, wild animal or wild flora or any part, product or derivative of such wild bird, wild animal or wild flora which may be detrimental to native species.

(b) Where non-native species of wild bird, wild animal or wild flora or any part, product or derivative of such wild bird, wild animal or wild flora have been introduced, the Minister shall, to the extent that it is feasible and appropriate, take measures to ensure that such introductions do not pose a potential hazard to native stocks.

(7) Any person who—

(a) turns loose, wilfully allows or causes to escape any species of wild animal or the spawn of such wild animal or wild bird or the eggs of such wild bird,

(b) transfers any species of wild animal or the spawn of such wild animal or wild bird or the eggs of such wild bird from any place in the State to any other place in the State for the purpose of establishing it in a wild state in such other place,

(c) plants or otherwise causes to grow in a wild state in any place in the State any species of flora, or the flowers, roots, seeds or spores of flora,

otherwise than under and in accordance with a licence granted in that behalf by the Minister shall be guilty of an offence.

(8) For the purposes of subsection (7), any reference to wild animals, wild birds, plants, flowers, roots, seeds or spores refers only to exotic species thereof.]