Wildlife Act 1976

Service of notices, etc.

3

3.(1) Where a notice, copy of an order, or copy of regulations is required by this Act, other than section 48, 60 or 61, or any regulation made under this Act to be served on, given or sent to a person, unless the context otherwise requires, it shall be addressed to him and shall be served on, given or sent to him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be served or given in respect of any land or premises, by delivering the notice or copy to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice, copy of an order, or copy of regulations is required by this Act, other than section 48, 60 or 61, or any regulation made under this Act to be served on, given or sent to an occupier and the name of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the occupier” without naming him.

(3) For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Annotations

Modifications (not altering text):

C7

Application of section restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 3(7), in effect as per reg. 1(3).

Service of notices

3. ...

(7) The provisions of Section 3 of the Principal Act shall not apply in a case to which these Regulations apply.

C8

Application of subs. (1)(d) restricted (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 16(5), S.I. No. 371 of 2001.

Intention to designate natural heritage areas.

16.— ...

(5) Notwithstanding section 3(1)(d) of the Principal Act, where the address of any person to whom subsection (2)(b) relates cannot be found after reasonable inquiry, notices and maps showing the areas to be designated shall be displayed in a conspicuous place—

(a) at one or more Garda Síochána stations, local offices of the Department of Social, Community and Family Affairs, local authority offices, local offices of the Department of Agriculture, Food and Rural Development and offices of Teagasc, which are situated within or contiguous to the area to be designated, or

(b) where in any case there is no such station or office so located, at one or more of each such station or office within the vicinity or closest to such area,

and advertisements shall be broadcast on at least one radio station broadcasting in the locality of the area concerned and be placed in at least one newspaper circulating in the area, and every such notice and advertisement shall request any person affected by the proposed designation to contact the Department of Arts, Heritage, Gaeltacht and the Islands.

Editorial Notes:

E19

Previous affecting provision: application of subs. (1)(d) restricted (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 4(2)(c); revoked (21.09.2011) by Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73, in effect as per reg. 1(3).