Wildlife Act 1976
Regulations and orders.
8.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed, provided that in so far as any such regulations provide for the charging of fees they shall only be made with the consent of the Minister for Finance.
F23[(1A) The Minister may make such regulations as appear to the Minister to be necessary or expedient to implement the provisions of the Wildlife Acts, 1976 and 2000.
(1B) Any regulation made by the Minister under this Act may contain such incidental or consequential provisions as appear to the Minister to be necessary or expedient for the purpose of implementing the provisions of the Wildlife Acts, 1976 and 2000.]
(2) Subject to subsection (3) of this section and to sections 14 (5), 15 (5), 15 (6), 16 (4), 17 (3) and 17 (13) of this Act, the Minister may by order revoke or amend an order (other than a purchase order within the meaning of section 55 of this Act) made by him under this Act (including an order made under this subsection).
(3) Where this Act requires the Minister, before making an order or regulation under this Act, to consult any other Minister of State, the Commissioners, a planning authority or any other body, the order or regulation shall be revoked or amended by the Minister only after like consultation.
(4) Every regulation and every order made under this Act by the Minister, other than an order under section 1 (2) or a purchase order within the meaning of section 55 of this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next twenty-one days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Annotations
Amendments:
F23
Inserted by (31.07.2001) Wildlife (Amendment) Act 2000 (38/2000), s. 7, S.I. No. 371 of 2001.
Modifications (not altering text):
C11
Functions transferred and references to “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 |
|
... |
... |
... |
Editorial Notes:
E20
Power pursuant to subs. (2) exercised (27.02.2024) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2024 (S.I. No. 66 of 2024).
E21
Power pursuant to section exercised (24.08.2023) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2023 (S.I. No. 421 of 2023).
E22
Power pursuant to subs. (2) exercised (19.10.2012) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012).
E23
Power pursuant to subs. (2) exercised (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005).
E24
Power pursuant to subs. (2) exercised (9.09.1998) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998).
E25
Power pursuant to section exercised (31.08.1989) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1989 (S.I. No. 221 of 1989).
E26
Power pursuant to section exercised (8.11.1984) by Wildlife (Wild Birds) (Open Season) (Amendment) Order 1984 (S.I. No. 283 of 1984).
E27
Power pursuant to section exercised (1.02.1984) by Wildlife Act, 1976 (Birds of Prey) Regulations 1984 (S.I. No. 8 of 1984).
E28
Power pursuant to section exercised (12.08.1982) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1982 (S.I. No. 266 of 1982).
E29
Power pursuant to section exercised (18.07.1980) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1980 (S.I. No. 229 of 1980).
E30
Power pursuant to section exercised (6.02.1978) by Wildlife Act, 1976 (Acquisition of Land) Regulations 1978 (S.I. No. 29 of 1978).
E31
Previous affecting provision: power pursuant to subs. (2) exercised (17.10.2012) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2012 (S.I. No. 398 of 2012); superseded (27.02.2024) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2012 (S.I. No. 66 of 2024), art. 4.
E32
Previous affecting provision: power pursuant to section exercised (for period 1.02.2011 to 28.02.2011) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2011 (S.I. No. 39 of 2011); expired and superseded (19.10.2012) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012), art. 3.
E33
Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 30.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010); spent.
E34
Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 21.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 598 of 2010); expired and superseded (21.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010), art. 2.
E35
Previous affecting provision: power pursuant to section exercised (for period 8.12.2010 to 14.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) Order 2010 (S.I. No. 582 of 2010); expired and superseded (14.12.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 598 of 2010), art. 3.
E36
Previous affecting provision: power pursuant to section exercised (for period 15.01.2010 to 20.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010); spent.
E37
Previous affecting provision: power pursuant to section exercised (for period 6.01.2010 to 15.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) Order 2010 (S.I. No. 2 of 2010); amended (15.01.2010) by Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010), art. 2; expired.
E38
Previous affecting provision: power pursuant to subs. (2) exercised (27.08.2008) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) (No. 2) Order 2008 (S.I. No. 346 of 2008); superseded (27.02.2024) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2012 (S.I. No. 66 of 2024), art. 4.
E39
Previous affecting provision: power pursuant to subs. (2) exercised (14.02.2008) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2008 (S.I. No. 27 of 2008); superseded (27.08.2008) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2008 (S.I. No. 346 of 2008), art. 3.
E40
Previous affecting provision: power pursuant to subs. (2) exercised (3.09.2003) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2003 (S.I. No. 394 of 2003); superseded (19.10.2012) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012), art. 3.
E41
Previous affecting provision: power pursuant to subs. (2) exercised (30.08.2000) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2000 (S.I. No. 280 of 2000); superseded (5.09.2001) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2001 (S.I. No. 428 of 2001), art. 3.
E42
Previous affecting provision: power pursuant to subs. (2) exercised (9.09.1998) by Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998); revoked (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005), art. 5.
E43
Previous affecting provision: power pursuant to section exercised (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997); superseded (9.09.1998) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998), art. 4.
E44
Previous affecting provision: power pursuant to section exercised (16.07.1996) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1996 (S.I. No. 220 of 1996); rendered obsolete by revocation of Wildlife (Wild Mammals) (Open Seasons) Order 1979 (S.I. No. 193 of 1992) () by Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998), art. 4.
E45
Previous affecting provision; power pursuant to section exercised (16.07.1996) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1996 (S.I. No. 219 of 1996); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.
E46
Previous affecting provision: power pursuant to section exercised (22.11.1995) by Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1995 (S.I. No. 304 of 1995); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.
E47
Previous affecting provision: power pursuant to section exercised (15.09.1995) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1995 (S.I. No. 249 of 1995); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.
E48
Previous affecting provision: power pursuant to section exercised (for period 1.11.1993 to 30.11.1993) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1993 (S.I. No. 255 of 1993); spent.
E49
Previous affecting provision: power pursuant to section exercised (for period 1.11.1992 to 30.11.1992) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1992 (S.I. No. 233 of 1992); spent.
E50
Previous affecting provision: power pursuant to section exercised (for period 1.11.1991 to 30.11.1991) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1991 (S.I. No. 268 of 1991); spent.
E51
Previous affecting provision: power pursuant to subs. (2) exercised (10.09.1986) by Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1986 (S.I. No. 306 of 1986); rendered obsolete by revocation of Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998) (1.09.2005) by Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005), art. 5.
E52
Previous affecting provision: power pursuant to section exercised (10.09.1986) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986); superseded (31.07.1997) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997), art. 3.
E53
Previous affecting provision: power pursuant to section exercised (29.10.1985) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1985 (S.I. No. 346 of 1985); superseded (10.09.1986) by Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986), art. 3.
E54
Previous affecting provision: power pursuant to section exercised (23.01.1985) by Wildlife Act, 1976 (Section 27) (No. 2) Order 1985 (S.I. No. 12 of 1985); spent on expiry (31.01.1985) of Wildlife Act, 1976 (Section 27) Order 1985 (S.I. No. 11 of 1985), as per art. 2.