Wildlife (Amendment) Act 2000
Number 38 of 2000
WILDLIFE (AMENDMENT) ACT 2000
REVISED
Updated to 1 June 2024
This Revised Act is an administrative consolidation of the Wildlife (Amendment) Act 2000. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Research and Innovation Act 2024 (15/2024), enacted 4 June 2024, and all statutory instruments up to and including the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Benefit and Carer’s Allowance – Earnings Disregard) Regulations 2024 (S.I. No. 275 of 2024), made 31 May 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 38 of 2000
WILDLIFE (AMENDMENT) ACT 2000
REVISED
Updated to 1 June 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1.
Short title, collective citation and construction.
2.
3.
4.
5.
Amendment of Part I of Principal Act and of Functions of Minister
6.
Amendment of section 2 (definitions) of Principal Act.
7.
Amendment of section 8 (regulations and orders) of Principal Act.
8.
9.
Amendment of section 11 (functions of Minister in relation to wildlife) of Principal Act.
Land and Waters
Acquisition of Land and Rights
10.
11.
Acquisition of land and rights by agreement.
12.
13.
14.
Amendment of section 55 (land purchase orders) of Principal Act.
Natural Heritage Areas
15.
16.
Intention to designate natural heritage areas.
17.
Decision not to make natural heritage area order.
18.
18A.
19.
Restriction on carrying out certain works.
19A.
Environmental impact assessment of certain proposals relating to peat extraction.
19B.
Procedure in regard to submission of EIS.
19C.
Minister to have regard to certain matters.
19D.
Consultation with other Member States of European Communities.
19E.
Public notice of Minister's decision.
20.
Prohibition of works on lands in natural heritage areas.
21.
Restoration of land in natural heritage area.
22.
23.
Registration of natural heritage area order as burden on land.
24.
Nature Reserves and Refuges
25.
26.
27.
28.
Amendment of section 17 (refuges for fauna) of Principal Act.
Wildlife Conservation and Protection
Protection of Flora, Wild Birds and Wild Animals
29.
Amendment of section 21 (protection of flora) of Principal Act.
30.
Amendment of section 22 (enforcement of protection of wild birds) of Principal Act.
31.
32.
Exclusion of certain wild animals.
33.
Amendment of section 24 (open seasons for certain protected wild birds) of Principal Act.
34.
Amendment of section 25 (open seasons for certain wild mammals) of Principal Act.
35.
Restrictions to protect wildlife
36.
Regulation of commercial shoot operators.
37.
38.
Hunting restricted on or over foreshore belonging to State and certain land so belonging.
39.
40.
41.
Amendment of section 33 (restriction on use of certain firearms etc.) of Principal Act.
42.
Amendment of section 34 (certain use of traps, snares etc. prohibited) of Principal Act.
43.
44.
45.
Use of lamps, mirrors etc. in hunting prohibited.
46.
Miscellaneous
47.
Amendment of section 41 (falconry etc.) of Principal Act.
48.
Amendment of section 42 (damage by wild birds etc.) of Principal Act.
49.
Amendment of section 43 (land drainage schemes) of Principal Act.
50.
Regulation and Control of Wildlife Dealing
51.
Amendment of section 45 (sale, purchase and possession of fauna restricted) of Principal Act.
52.
Amendment of section 46 (regulation and control of wildlife dealing) of Principal Act.
53.
54.
Amendment of section 49 (revocation of wildlife dealer's licence) of Principal Act.
55.
Amendment of section 51 (transport of packages etc. containing certain fauna) of Principal Act.
56.
Amendment of section 52 (import of fauna and flora) of Principal Act.
57.
Amendment of section 53 (export of fauna and flora) of Principal Act.
58.
Regulation of trade in wild flora and fauna and CITES Regulations.
59.
Saver in interest of public health and safety.
Biodiversity
59A.
59B.
59C.
Publication of plan, programme or strategy, National Biodiversity Action Plan and guidelines.
59D.
59E.
59F.
59G.
59H.
Miscellaneous
60.
61.
62.
63.
Amendment of section 69 (attempts etc. and miscellaneous other offences) of Principal Act.
64.
Amendment of section 70 (prosecution of offences) of Principal Act.
65.
Amendment of section 72 (powers of Garda Síochána and authorised persons) of Principal Act.
66.
67.
Amendment of section 73 (search warrants) of Principal Act.
68.
Amendment of section 74 (penalties) of Principal Act. (Repealed)
69.
Amendment of section 76 (forfeiture) of Principal Act.
70.
Amendment of section 77 (appeal against seizures) of Principal Act.
71.
Amendment of section 78 (disposal of things seized) of Principal Act.
Miscellaneous Amendment of Enactments
72.
Amendment of Forestry Act 1946.
73.
Amendment of Registration of Title Act 1964.
74.
Amendment of State Property Act 1954.
75.
Amendment of European Communities (Natural Habitats) Regulations 1997.
Acts Referred to
Arterial Drainage Act 1945
Arterial Drainage Acts 1945 and 1995
Firearms Acts 1925 to 2000
Fisheries Acts 1959 to 1999
Forestry Act 1946
Forestry Act 1956
Lands Clauses Consolidation Act 1845
8 & 9 Vict. c.18
Ministers and Secretaries (Amendment) Act 1939
Planning and Development Act 2000
Protection of Animals (Amendment) Act 1965
Registration of Title Act 1964
Road Traffic Act 1961
State Property Act 1954
Wildlife Act 1976
Number 38 of 2000
WILDLIFE (AMENDMENT) ACT 2000
REVISED
Updated to 1 June 2024
AN ACT TO AMEND AND EXTEND THE WILDLIFE ACT 1976, AND TO PROVIDE FOR CONNECTED MATTERS.
[18th December, 2000]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
|
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
No. 38 of 2000 |
Wildlife (Amendment) Act 2000 |
The whole Act, other than Part VA. |
|
... |
... |
... |