WILDLIFE ACT, 1976

AN ACT FOR THE CONSERVATION OF WILDLIFE (INCLUDING GAME) AND FOR THAT PURPOSE TO PROTECT CERTAIN WILD CREATURES AND FLORA, TO ENABLE A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN CHOMHAIRLE UM FHIADHULRA AND IN THE ENGLISH LANGUAGE AS THE WILDLIFE ADVISORY COUNCIL TO BE ESTABLISHED AND TO DEFINE ITS FUNCTIONS, TO ENABLE CERTAIN OTHER BODIES TO BE ESTABLISHED TO PROVIDE OR ADMINISTER CERTAIN SERVICES, TO ENABLE RESERVES AND REFUGES FOR WILDLIFE TO BE ESTABLISHED AND MAINTAINED, TO ENABLE DEALING IN AND MOVEMENT OF WILDLIFE TO BE REGULATED AND CONTROLLED, TO MAKE CERTAIN PROVISIONS RELATING TO LAND, INLAND WATERS AND THE TERRITORIAL SEAS OF THE STATE, TO AMEND CERTAIN ENACTMENTS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [22nd December, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title, commencement and collective citation.

1.—(1) This Act may be cited as the Wildlife Act, 1976.

• (2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.

• (3) The Forestry Acts, 1946 and 1956, and sections 55 and 63 of this Act may be cited together as the Forestry Acts, 1946 to 1976.

2. Definitions.

2.—(1) In this Act—

“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;

“the Act of 1946” means the Forestry Act, 1946;

“the Act of 1956” means the Forestry Act, 1956;

“agriculture” includes horticulture;

“airgun” means any weapon, including an air-rifle or air-pistol, incorporating a barrel from which metal or other slugs can be discharged;

“authorised person” means a person who is appointed under section 72 of this Act by the Minister to be an authorised person for the purposes of this Act;

“the Board”, except in section 14 and the Second Schedule hereto, means An Bord Pleanála;

“building operation” has the same meaning as in section 2 of the Factories Act, 1955;

F1[“the CITES Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on the 3rd day of March, 1973, as subsequently duly amended;

F2["CITES Regulations" means Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein² and Commission Regulation (EC) No. 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein, together with any amendments to or replacements of those Regulations;]]

“the Commissioners” means the Commissioners of Public Works in Ireland;

F3[“communities” means any naturally occurring group of organisms that occupy a common environment;]

F4[“conservation” includes measures to maintain or enhance or restore the quality, value or diversity of species, habitats, communities, geological features or geomorphological features;]

“the Council” means the body established by section 13 of this Act;

“designation order” has the meaning assigned to it by section 17 of this Act;

“establishment order” has the meaning assigned to it by section 15 of this Act;

“exempted wild mammal” has the meaning assigned to it by section 25 of this Act;

F5[“export”, where the context so admits, includes re-export and cognate words shall be construed accordingly;]

“falconry” means hunting by means of birds of the F6[orders Accipitriformes, Falconiformes and Strigiformes] which are trained to hawk for sport;

F7[“fauna” means all wild birds and all wild animals (both aquatic and terrestrial) and includes wild mammals, reptiles, amphibians and aquatic and non-aquatic invertebrate animals, and all such wild animals' eggs, larvae, pupae or other immature stage and young;]

“firearm” means any lethal firearm or other lethal weapon of any description (including an airgun) from which any shot, bullet, slug or other missile can be discharged;

“flora” means all plants (both aquatic and terrestrial) which occur in the wild (whether within or outside the State) and are not trees, shrubs or other plants being grown in the course of agriculture F8[, aquaculture, forestry] or horticulture and includes in particular lichens, mosses, liverworts, fungi, algae and vascular plants, namely flowering plants, F8[conifers,] ferns and fern-allied plants and any community of such plants;

“foreshore” has the same meaning as in section 1 of the Foreshore Act, 1933;

F9[“fossil” includes the remains or imprints, in whole or in part, of animals, plants or any other organisms of uncertain affinity, or of their activities, which are preserved in rocks or deposits at the surface, or beneath the surface, of land;]

“functions” includes powers and duties;

F10[“geology” includes—

• (a) the study of the Earth (as a whole or in part), the materials of which it is made, the processes that act and have acted upon those materials and the products and structures formed by such action, and

• (b) the physical and biological history of the Earth since its origin including the history of rock sequences as well as the history of life preserved as fossils in rocks and deposits at the surface, or in layers beneath the surface, of land;

“geomorphology” includes the configuration of the Earth's surface and its particular landforms generated by natural processes, such as cliffs, eskers, drumlins, caves, turloughs or other features of the landscape formed by natural processes;

“habitat” includes—

• (a) the abode or natural home and the locality thereto of—

• (i) a particular species or population of a particular species, at any stage of life, or

• (ii) a community of organisms.

• (b) a distinctive type of terrain, site or location, distinguished by physical, geographical, vegetational or other features;

• (c) a specific locality where a particular fossil, mineral, geological or geomorphological feature is to be found;]

“hares order” means an order made by the Minister under section 25 of this Act and in which any species of hare is specified;

“hunt” means stalk, pursue, chase, drive, flush, capture, course, attract, follow, search for, lie in wait for, take, trap or shoot by any means whether with or without dogs, and, except in sections 28 and 29, includes killing in the course of hunting, F11[…] and kindred words shall be construed accordingly;

F12[“import”, where the context so admits, includes reimport and cognate words shall be construed accordingly;]

“inland waters” means any waters comprised in the internal or inland waters of the State;

“interest” includes any estate, term, easement or profit à prendre;

“land”, where the context admits, includes land covered by water and in relation to the acquisition of land also includes any easement, profit à prendre or other right in, to or over land or water (including any easement, profit à prendre or other right granted to or held by the Minister);

“the Lay Commissioners” means the Commissioners of the Irish Land Commission other than the Judicial Commissioner;

“licensed wildlife dealer” means a person who for the time being is the holder of a wildlife dealer’s licence;

“local authority” means a local authority for the purposes of the Local Government Act, 1941;

F13[“mechanically-propelled vehicle” has the same meaning as it has in the Road Traffic Act, 1961;

“mineral” includes any naturally occurring organic or inorganic element or chemical compound of set composition, internal structure and physical properties and occurring generally, but not always, in crystal form;]

“the Minister” means the Minister for Lands;

F14[“natural heritage” area means an area which is worthy of conservation for one or more species, communities, habitats, landforms or geological or geomorphological features, or for its diversity of natural attributes;

“natural heritage area order” means an order made under section 18 of the Wildlife (Amendment) Act, 2000;

“nature reserve” means an area managed primarily for conservation of one or more species, communities, habitats or for any feature of geological, geomorphological or other natural interest which is provided for by the Minister in accordance with the Wildlife Acts, 1976 and 2000;]

F15[“ornithology” means any study of wild birds for the purposes of research or teaching which leads to a better understanding of the biology, ecology and conservation requirements of wild birds;]

F16[“orphaned”, in relation to any wild bird or any wild animal, includes a dependant young wild bird or dependant young wild animal which has been abandoned and which, in the circumstances, would be unlikely to survive unaided in the wild;]

“owner” in relation to land means—

• (a) where the land is vested under the Land Purchase Acts in the Irish Land Commission, but not in the tenant-purchaser or purchaser thereof, the person who is for the time being the tenant-purchaser or the purchaser, as the case may be, of such land, and

• (b) in any other case, the owner of the lowest estate in the land constituting an estate saleable under the Land Purchase Acts;

“planning authority” means a planning authority for the purposes of the Local Government (Planning and Development) Acts, 1963 and 1976;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“protected wild animal” has the meaning assigned to it by section 23 (4) of this Act;

“protected wild bird” has the meaning assigned to it by section 22 (3) of this Act;

“recognition order” has the meaning assigned to it by section 16 of this Act;

“regulated coursing match” means a coursing match held in accordance with the rules for such matches which are for the time being both published and approved by the Irish Coursing Club pursuant to the Greyhound Industry Act, 1958;

F17[“species” means any species, except man, and includes subspecies and varieties, hybrids and populations thereof;]

“sporting rights” does not include fishing rights;

F18["territorial sea of the State" has the same meaning as it has in the Maritime Jurisdiction Act 2021;]

F19[“wild animal” includes an individual of a population which primarily lives independent of human husbandry but does not include—

• (a) wild birds, or

• (b) species of fish or aquatic invertebrate animals (or their eggs or spawn or other immature stage or brood or young) which are of a species specified in regulations made by the Minister with the prior consent of the Minister for the Marine and Natural Resources under section 32 of the Wildlife (Amendment) Act, 2000;]

“wild bird” includes the F20[eggs and] unflown young of a wild bird;

“wildlife dealer” means any person who carries on the business of wildlife dealing;

“wildlife dealer’s licence” has the meaning assigned to it by section 48 of this Act;

“wild duck” means wild duck of any species;

“wild mammal” includes both aquatic and terrestrial wild mammals and their young;

“wildlife” means fauna and flora;

“work of engineering construction” has the same meaning as in section 2 of the Factories Act, 1955.

• (2) Any reference in this Act to sale includes a reference to disposing by way of barter, offering for sale and inviting an offer to buy and words in this Act which are kindred to sale shall be construed accordingly, and except in section 47 and section 55 any reference in this Act to purchase includes a reference to acquiring by way of barter, offering to purchase and inviting an offer to sell.

• F21[(3) For the purposes of this Act the business of wildlife dealing means the business of buying for resale any wild birds or wild animals whether alive or dead, or any part, product or derivative of such birds or animals and includes engaging in taxidermy in respect of such birds or animals.]

• (4) Nothing in this Act shall be construed as prohibiting or restricting the doing by any person, whether as an employee or otherwise, of any act, other than the killing of fauna, which is done by that person in assisting another person lawfully to hunt fauna.

3. Service of notices, etc.

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.

4. Expenses.

4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5. Application of moneys received by Minister.

5.—All moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

6. Gifts.

6.—The Minister may accept any gift made to him for all or any of the purposes of this Act, and, subject to the terms thereof, may apply it for those purposes.

7. Reports.

7.—F22[…]

8. 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.

9. Licences.

F24[9.—(1) The Minister may—

• (a) attach conditions to any licence granted or permit issued for any of the purposes of the Wildlife Acts, 1976 and 2000,

• (b) vary such conditions, and

• (c) revoke any such licence other than a licence granted by the Minister under section 29 of the Principal Act or withdraw any such permit.

• (2) Subject to section 32(5) of this Act, a licence granted or a permit issued by the Minister under the Wildlife Acts, 1976 and 2000, shall, if so expressed, operate to authorise the doing by any person who is of a class or description specified in the licence or permit of—

• (a) anything allowed to be done by the licence or permit, or

• (b) anything which is a thing so allowed to be done and is of a class or description so specified.

• (3) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted or permits issued by the Minister under the Wildlife Acts, 1976 and 2000, and different fees may be prescribed for different classes of licences or permits.

• (4) Regulations prescribing matters to which this section relates may provide for such incidental or related matters as are, in the opinion of the Minister, necessary to give effect to such fees.]

• F25[(5) Nothing shall be allowed to be done by licence or permit that would not be allowed to be done under the provisions of the European Communities (Birds and Natural Habitats) Regulations 2011 or that would otherwise contravene the requirements and obligations of the Birds Directive or the Habitats Directive.]

10. Repeals.

10.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART II Wildlife Conservation and Protection

Chapter I General

11. Functions of Minister in relation to wildlife.

11.—(1) It shall be a function of the Minister to secure the conservation of wildlife F26[and to promote the conservation of biological diversity].

• (2) Without prejudice to the generality of subsection (1) of this section, the Minister may in particular do all or any of the following:

• (a) give assistance or advice to any person on any matter affecting wildlife,

• (b) where the Minister considers that the management, or supervision of the management by him or on his behalf, of any land in which he has not an interest, is desirable in the interests of wildlife, he may manage or cause to be managed, or supervise or cause to be supervised the management of the land upon such terms and subject to such conditions as may be agreed upon between him and a person having an interest in the land,

• F27[(bb) encourage the management of features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of—

• (i) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

• (ii) their function as stepping stones, such as ponds or small woods,

are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive,

• (bc) take the requisite measures to maintain the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level,

• (bd) take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular the following measures—

• (i) the creation of European Sites, or

• (ii) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or

• (iii) the re-establishment of destroyed biotopes, and

• (iv) the creation of biotopes.]

• (c) enter into, and carry out, an agreement with another person to participate in a scheme, undertaking or project for the conservation of wildlife and for the purposes of such scheme, undertaking or project to perform any one or more of the functions assigned to him under this Act,

• (d) make grants or loans to further projects or activities which have as their object the conservation of wildlife generally, a particular aspect of such conservation or the development and proper use of hunting amenities and resources,

• (e) promote, either directly or indirectly, whether alone or in conjunction with other persons, schemes or projects for the better conservation and use of wildlife or for the prevention, reduction or removal of any damage, or source of damage, to wildlife.

• (3) The Minister may, either directly or in association with or through the agency of another person—

• (a) carry out or cause to be carried out research which he considers desirable for the performance of his functions under this Act,

• (b) promote the knowledge and understanding of matters to which the functions assigned to him under this Act are related.

• (4) Nothing in this section shall restrict, prejudice or affect the performance by the Minister for Agriculture and Fisheries of any function which could have been performed by him immediately before the commencement of this section.

• F28[(5) In this section "biological diversity" means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems, and the ecological complexes of which they are part and "diversity" includes diversity within species, between species and of ecosystems.]

12. Obligations generally of Ministers of State and certain other authorities and bodies in relation to nature reserves and refuges.

12.—(1) This section applies to—

• (a) a local authority,

• (b) the Commissioners,

• (c) any other body which is—

• (i) established by or under statute and financed wholly or partly by means of loans or grants made by a Minister of State,

• (ii) a company (in this subsection referred to as a State-sponsored company) within the meaning of the Companies Act, 1963, in which the majority of the shares are held by or on behalf of a Minister of State,

• (iii) a company within the meaning of the said Act in which the majority of the ordinary shares are held by a State-sponsored company, or a body established and financed in the manner specified in subparagraph (i) of this paragraph, and

as regards which there is in force for the time being a direction given for the purposes of this section by the Minister.

• (2) Subject to subsection (3) of this section, a Minister of State other than the Minister and every authority or body to which this section applies shall—

• (a) before determining any matter or doing anything which is, in his or their opinion, or is represented by the Minister to the other Minister of State, or the authority or body to be likely or liable to affect, or to interfere with, the suitability for a nature reserve or a refuge, as may be appropriate, of land to which an establishment order, a recognition order or a designation order applies, or the management of land pursuant to and in accordance with an agreement under section 18 of this Act, consult the Minister as regards the avoidance or minimising of such effect or interference, and

• (b) take all practicable steps to avoid or minimise such effect or interference.

• (3) Subsection (2) of this section shall not apply in relation to—

• (a) any determination made or anything done in an emergency,

• (b) F29[…]

• (c) the functions of the Board, or

• (d) the functions of the Commissioners under the Arterial Drainage Acts, 1945 and 1955.

• (4) The Minister may give in relation to a body described in subsection (1) (c) of this section a direction for the purposes of this section and any such direction shall come into force when given and shall continue in force until cancelled by the Minister.

13. Wildlife Advisory Council.

13.—F30[…]

14. Establishment of boards to provide or administer certain services.

14.—(1) If the Minister considers that the provision or administration of any service which under this Act he is enabled to provide or administer would be facilitated thereby, he may, with the consent of F31[the Minister for Public Expenditure and Reform], and after consulting such other Minister of State (if any) as the Minister considers appropriate to consult in the circumstances, by order establish a board (which shall be known by the name specified in the order) to provide, administer, or provide and administer that service on his behalf in accordance with such directives (which shall be complied with by the board) in relation to the general policy of the Minister relating to wildlife as he may give from time to time.

• (2) Such of the provisions contained in the Second Schedule to this Act shall apply to a board established by the Minister under this section as the Minister specifies by order and for the purpose of applying any such provision in relation to a particular board as regards which the provision is so specified, any reference in that Schedule to the Board shall be construed as a reference to that particular board.

• (3) The Minister may by order, if he considers it appropriate, provide that a specified board established under this section may be directed by the Minister to act on his behalf in the performance of such of his functions under this Act (other than the prosecution of an offence) as are specified in the order and the board so specified shall comply with any such direction and shall have all such powers as are necessary to put into effect any direction given to it by the Minister pursuant to the order.

• (4)
• (a) As regards each accounting year a board established by the Minister under this section shall, within the specified period beginning immediately after the board’s accounting year, make a report to the Minister of its activities during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

• (b) The Minister shall, as regards a board established by him under this section, specify a period for the purposes of paragraph (a) of this subsection and the period so specified is in that paragraph referred to as the specified period.

• (5) The Minister shall not revoke an order under this section establishing a board without the consent of F31[the Minister for Public Expenditure and Reform].

• (6) Where the Minister revokes an order under this section the following provisions shall have effect:

• (a) all property, whether real or personal (including choses-in-action), which immediately before the commencement of the order was vested in or belonged to or was held in trust or subject to conditions for the board to which the revoked order relates (in this subsection subsequently referred to as the board) and all rights, powers and privileges relating to or connected with any such property shall on the commencement of the order without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Minister for all the interest for which the same immediately before such commencement was vested in or belonged to or was held in trust or subject to conditions for the board, but subject to all trusts, conditions and equities affecting the same and then subsisting and capable of being performed,

• (b) the said property which immediately before such commencement was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the relevant board shall, upon the request of the Minister made at any time on or after such commencement, be transferred in such books by such bank, corporation or company into the name of the Minister,

• (c) any chose-in-action transferred by this section may on or after such commencement, be sued upon, recovered, or enforced by the Minister in his own name and it shall not be necessary for the Minister to give notice to the person bound by such chose-in-action of the transfer effected by this section,

• (d) every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before such commencement is owing and unpaid or has been incurred and is undischarged by the board shall, on such commencement, become and be the debt or liability of the Minister and shall be paid or discharged by and may be recovered from and enforced against the Minister accordingly, and

• (e) where, immediately before such commencement, any legal proceedings are pending to which the board is a party, the name of the Minister shall be substituted for that of the board, and the proceedings shall not abate by reason of such substitution.

• (7) F32[…]

Chapter II Reserves and Refuges

15. Nature reserves on lands owned by the Minister or by the State.

15.—(1) This section applies to the following land:

• (a) land (including land covered by inland waters) owned by the State, including land in which the Minister has (whether jointly or severally) any interest,

• (b) any foreshore which belongs to the State,

• (c) land, other than foreshore mentioned in paragraph (b) of this subsection, which forms the seabed under F33[the territorial sea of the State.]

• (2) Where, after consultation with the Minister for Agriculture and Fisheries, the Minister for Transport and Power and the Commissioners, the Minister is satisfied that—

• F34[(a) land to which this section applies—

• (i) includes the habitat or forms, or is capable of being made to form, the habitat or part of the habitat of one or more species or community, being a species or community which is of scientific interest, or

• (ii) includes or forms an ecosystem, or part of an ecosystem, which is of scientific interest, or

• (iii) contains features of geological, geomorphological or other natural interest,

F35[or,

• (iv) has features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of—

• (I) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

• (II) their function as stepping stones, such as ponds or small woods, are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive, or

• (III) their importance for the maintenance of the population of the species referred to in Article 1 of the Birds Directive at a level that corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or for adapting the population of these species to that level, or

• (IV) their importance for the preservation, maintenance or re-establishment of a sufficient diversity and area of habitats by the preservation, maintenance and re-establishment of biotopes and habitats for all of the species of birds referred to in Article 1 of the Birds Directive, in particular for

• (A) the creation of European Sites, or

• (B) the upkeep and management in accordance with the ecological needs of habitats inside and outside European Sites, or

• (C) the re-establishment of destroyed biotopes, and

• (D) the creation of biotopes.]

and that in the case of such habitat or ecosystem, or such part of the ecosystem, or geological, geomorphological or other natural interest is likely to benefit if measures are taken for its protection,]

• (b) it is desirable to establish the land as a nature reserve, and

• (c) the proper management of the land as a nature reserve would not be precluded by any interest of any other person (including a person who is an owner with the Minister) in or over the land,

he may by order (in this Act referred to as an establishment order) declare that the land shall constitute and that there shall be established by the order a nature reserve: provided that,

• (i) in case the Commissioners have an interest in the land, the order shall be made by the Minister only with the concurrence of the Commissioners, and

• (ii) in case the Minister’s interest in the land is held by him jointly with another person, the Minister in addition to being satisfied as regards the matters aforesaid shall, before making an establishment order in relation to the land, be satisfied that the fact that the other person has an interest in the land will not inhibit the proper management of the land by the Minister as a nature reserve.

• (3) An establishment order shall specify the reason why, and shall indicate the objectives for which, the nature reserve is being established by the Minister.

• (4) The Minister shall manage the land to which an establishment order relates so as to secure, as best as may be, the objectives indicated in the order having regard to and in accordance with the general protection of the natural environment.

• (5) The Minister shall not amend an establishment order unless he considers that the objectives, as regards which the relevant nature reserve was established, require revision because of changes in the features F36[, characteristics or boundaries] of the reserve or in any other circumstance which affects the reserve.

• (6) The Minister shall not revoke an establishment order unless he considers that it is no longer practicable or is no longer desirable to maintain the nature reserve established by the order.

• (7) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Commissioners, to the Board and to any planning authority within whose area the land comprised in the nature reserve, or any part thereof, is situate.

16. Nature reserves on land other than land to which section 15 applies.

16.—(1) Where a person who is the occupier of land satisfies the Minister that—

• (a) the land includes a habitat F37[or forms, or is capable of being made to form, a habitat] or part of a habitat or an ecosystem F37[or contains features of geological, geomorphological or other natural interest] described in paragraph (a) of section 15 (2) of this Act, F37[as amended by this Act,]

• (b) the interest of the person in or over the land is such as to enable the person to establish and manage a nature reserve on the land, and

• (c) the person can, in accordance with any conditions which the Minister sees fit to impose, use or manage the land so as to establish and maintain, or maintain, as may be appropriate, a nature reserve on the land,

then, subject to subsection (2) of this section, the Minister may, by order (in this Act referred to as a recognition order) recognise the land as a nature reserve and the recognition shall continue for so long as the order is in force.

• (2) Before making a recognition order the Minister shall consult the Minister for Agriculture and Fisheries, the Minister for Transport and Power, the Commissioners and any planning authority within whose area the land to which the proposed order relates, or any part of such land, is situate.

• (3) A recognition order shall state the Minister’s reason for recognising the land to which the order relates as a nature reserve and indicate the objectives for which the land is to be used or managed as a nature reserve.

• F38[(3A) The Minister shall not amend a recognition order unless the Minister considers that the objectives, as regards which the relevant nature reserve was recognised, require revision because of changes in the features, characteristics or boundaries of the reserve, or because of any other circumstance which in the Minister’s opinion affects the reserve.]

• (4) The Minister shall not revoke a recognition order unless he considers that—

• (a) the objectives indicated in the order have not been attained or are not being properly maintained, or

• (b) for any other reason, it is no longer appropriate for him to continue to recognise as a nature reserve, by virtue of the order, the land to which the order relates.

• (5) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Commissioners, to the Board and to any planning authority within whose area the land to which the order relates, or any part of such land, is situate.

17. Refuges for fauna.

17.—(1) Where the Minister considers that a particular species, or particular species, of F39[either or both fauna and flora] should be specially protected on any land which is, or is contiguous to, a habitat of the species, F40[or that land has features of the landscape which are of major importance for wild flora and fauna including birds, which include those features which by virtue of:

• (a) their linear and continuous structure, such as rivers or canals with their banks or the traditional systems of marking field boundaries, or

• (b) their function as stepping stones, such as ponds or small woods,

are essential for the migration, dispersal and genetic exchange of wild species, for the purposes of the Habitats Directive or the Birds Directive,] then, subject to subsection (5) of this section, he may publish in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land is situate a notice of his intention to make an order (in this Act referred to as a designation order) designating the land as a refuge for such F39[fauna and flora].

• (2) Before publishing a notice pursuant to this section, the Minister shall—

• (a) consult the Minister for Agriculture and Fisheries, the Minister for Transport and Power, the Commissioners and any planning authority in whose area the land to which the notice relates, or any part of such land, is situate, and

• (b) serve on the owner or occupier of such land notice of the particulars to be contained in the notice he proposes to so publish.

• (3) Where the Minister proposes to amend a designation order he shall publish in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land to which the designation order applies is situate a notice of his intention to do so.

• (4) A notice published pursuant to this section shall indicate F41[every species of fauna and flora] which the Minister proposes by the provisions of the proposed order to which the notice relates to protect, the land to which the proposed designation order or amending order, as the case may be, will apply and the protective measures which he proposes to include in the proposed order, including any measures he proposes to take for the protection of the habitat requirements of such F41[fauna and flora].

• (5) The Minister shall not include in a notice published pursuant to this section any reference to a species of fish or aquatic invertebrate animal without the prior concurrence of the Minister for Agriculture and Fisheries.

• (6) Not later than two months after publication in the Iris Oifigiúil pursuant to subsection (1) of this section of a notice, the occupier of any land to which the notice relates, or any person claiming to have or to be entitled to an interest in or over the land or part thereof, who objects to the making of the proposed order on the grounds that it will interfere with such interest, may give, in the manner specified in the said notice, notice to the Minister giving particulars of the claim, and if he does so, shall furnish to the Minister with the notice particulars of the grounds of objection.

• (7) Any person, other than a person mentioned in subsection (6) of this section or a planning authority, who claims that the making of a proposed order to which a notice published pursuant to this section relates would, if made, be detrimental to him may, not later than two months after the publication of the notice in the Iris Oifigiúil, give notice in writing giving particulars of his claim to the Minister and, if he does so, shall furnish to the Minister with the notice particulars of the grounds of objection.

• (8) The planning authority within whose area is situate the land, or any part thereof, to which a proposed order under this section will, if made, relate, may, if they object to the proposal, not later than two months after the publication in the Iris Oifigiúil pursuant to subsection (1) of this section, give notice in writing to that effect to the Minister and, if they do so, they shall furnish to the Minister with the notice particulars of the grounds of objection.

• (9) The Minister, after considering any objection duly made in relation to a proposed designation order or to a proposed amendment of a designation order, may if he thinks fit, make in relation to the land specified in the notice published pursuant to this section or any part of such land whichever of the following is appropriate having regard to the terms of the notice:

• (a) a designation order designating that land, or any part thereof, as, and establishing thereon, a refuge for all or any of the fauna F42[or flora] indicated in the notice, or

• (b) an appropriate order under section 8 of this Act amending a designation order,

and the order may include such provisions as the Minister thinks fit which relate to protective measures so specified.

• (10) Subject to subsection (12) of this section, a person who has an interest in or over land specified in a notice published pursuant to this section shall be entitled to be paid compensation by the Minister in respect of any diminution in the value of his interest in or over the land consequent upon the making of the order to which the notice relates and any claim for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919, as amended by subsequent enactments, in all respects as if the claim arose in relation to compulsory acquisition of land.

• (11) Subject to subsection (12) of this section, any person other than a person mentioned in subsection (10) of this section who, in consequence of the making of an order under this section, has had to incur expense or who has suffered financial loss or any inconvenience or other disadvantage shall be entitled to be paid by the Minister such amount (if any) of compensation as the Minister considers is reasonable.

• (12) Any compensation under this section shall be assessed and payable only in respect of diminution in value, loss or disadvantage arising from the measures contained in the relevant order for the protection of the habitat requirements of the fauna F43[or flora] to which the order relates.

• (13) The Minister shall not revoke a designation order unless he considers that it is no longer practicable or is no longer desirable to maintain the refuge established by the order.

• (14) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Commissioners, to the Board and to any planning authority within whose area the land to which the order relates, or any part of such land, is situate.

• (15) Any person who contravenes a designation order shall be guilty of an offence.

18. Agreement as to user and management of land.

18.—(1) The Minister or, with his prior approval, any other person, may enter into an agreement with a person having an interest in or over land ensuring that the management of the land shall be conducted in a manner (to be specified in the agreement) which will not impair wildlife or its conservation.

• (2) An agreement under this section shall be entered into only after consultation with the Minister for Agriculture and Fisheries, the Commissioners and any planning authority in whose area the relevant land or any part thereof is situate.

• (3) An agreement under this section may provide for the payment by the Minister or any other person who is a party to the agreement of consideration, either by way of a single payment or by way of payment of an annual sum, to a person having, or claiming to be entitled to, an interest in or over the land to which the agreement relates.

• (4) An agreement under this section may provide that the agreement shall be enforceable against persons deriving title to the land under the person having the interest in or over the land, and, in case such provision is included in the agreement, subject, where appropriate, to the agreement’s being registered under section 69 of the Registration of Title Act, 1964, as amended by section 66 of this Act, and to compliance with any rules made under section 126 of that Act which are relevant, it shall be so enforceable in respect of the person’s former interest as if the Minister, or the person who with the Minister’s approval entered into the agreement, was possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of that land.

• (5) The Commissioners, the Board and any planning authority within whose area the land, or any part of the land, to which an agreement made under this section relates, shall be notified by the Minister of the agreement, and if the agreement is terminated and the Minister is aware thereof, of the termination.

• (6) Where an agreement under this section to which the Minister is not a party is terminated, the parties to the agreement shall cause notice of the termination to be given to the Minister.

• (7) In this section “management” in relation to land means use of the land for agriculture or forestry, the carrying out of works on, in or under the land, the making of any change in the physical, topographical or ecological nature or characteristics of the land and the use of the land for educational or recreational purposes.

Chapter III Protection of wild birds, protected animals and flora

19. Protection of wild birds.

19.—Wild birds and their nests and eggs, other than wild birds of the species mentioned in the Third Schedule to this Act, shall be protected.

20. Protection of fauna (other than protected wild birds).

20.—Animals which are of a species of fauna in relation to which section 23 of this Act applies shall be protected.

21. Protection of flora.

21.—(1) Where the Minister considers that a particular species, or particular species, of flora should be protected, he may by order declare the species to be protected either throughout the State or in a particular area or areas thereof and an order made under this section shall apply—

• (a) in case the order declares a species of flora protected throughout the State, as regards any specimen of that species in every place in the State,

• (b) in case the order declares a species of flora protected in a particular area or areas of the State, as regards any specimen of that species in every place in an area specified in the order;

provided that in case the Minister proposes to make an order under this section declaring a species of flora protected in a particular area or in particular areas of the State, he shall, before making the order, consult any planning authority in relation to whose area, or any part of such area, the proposed order would, if made, apply.

• (2) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Board and to any planning authority in relation to whose area, or any part of such area, the order applies.

• (3) Subject to subsection (5) of this section, a person shall not, save under and in accordance with a licence granted by the Minister under this section—

• F44[(a) cut, pick, collect, uproot or otherwise take, injure, damage, or destroy any specimen to which this section applies or the flowers, roots, seeds, spores or other part of such specimen,

• F45[(b) purchase, sell or exchange, transport, keep for sale or exchange, offer for sale or exchange or be in possession of any such specimen or any specimen of a species listed in Annex IV(B) of Council Directive 92/43/EEC of 21 May 1992 and including any amendments that shall be made thereto, whether alive or dead or the flowers, roots, seeds, spores or other part, product or derivative thereof.]]

• (c) wilfully alter, damage, destroy or interfere with the habitat or environment of any species of flora to which an order under this section for the time being applies.

• (4) A person who contravenes subsection (3) of this section shall be guilty of an offence.

• (5) The Minister may grant a licence to a person for such scientific, educational or other purposes as shall be specified in the licence to do any or all of the following:

• F46[(a) to cut, pick, collect, uproot or otherwise take flora of a species specified in the licence and which is of a species to which an order under this section for the time being applies or the flowers, roots, seeds, spores or other part of a specimen of the species so specified,]

• (b) to alter or otherwise interfere with the habitat or environment of any such specimen.

• (6) Where in any proceedings for an offence under this section it is proved by the prosecutor that the person accused of the offence—

• F47[(a) sold a plant whether alive or dead or the flowers, roots, seeds, spores or any part, product or derivative of a plant, which is of the same species as the plant, flowers, roots, seeds, spores or any part, product or derivative of a plant, as the case may be, to which the alleged offence relates, and

• (b) claimed, either expressly or by implication and whether by advertising or otherwise, that the plant, flowers, roots, seeds, spores or any other part, product or derivative sold came from or was wholly or partly grown in a particular place, and the place is in an area to which an order under this section applied at the time when the alleged offence was committed,]

it shall be assumed, until the contrary is shown by the defendant, that the sale was in contravention of subsection (3) of this section.

• (7) In any proceedings for an offence under this section, it shall be a defence for the defendant to show that the plant, flowers, roots F48[, seeds or spores] or other thing to which the alleged offence relates was lawfully imported.

• (8) A person shall not be convicted under this section and under section 46 of the Local Government (Planning and Development) Act, 1963, as amended by section 40 (b) of the Local Government (Planning and Development) Act, 1976, in respect of the same act.

• F49[(8A) In order to control the trade and collection of wild flora the Minister may make regulations providing that a person shall not, save under and in accordance with a licence granted in that behalf by the Minister and on payment to the Minister of the prescribed fee (if any), cut, pick, collect, uproot or otherwise take, injure, damage, or destroy any specimen of a species of flora which is of a species specified in the regulations or the flowers, roots, seeds, spores or other part of such specimen or cause to be cut, picked, collected, uprooted or otherwise taken, injured, damaged or destroyed any such specimen.

• (8B) Where the Minister is satisfied that it is in the interests of the conservation of any species of wild flora so to do, the Minister may be regulations prohibit, or control in such manner as the Minister considers appropriate and specify in the regulations, the trade, collection, purchase or sale of that species or any part, product or derivative thereof for such period as may be so specified.]

• (9) In this section—

“plant” includes a tree or shrub;

“specimen to which this section applies” means any specimen of a species of flora which is a species to which an order under this section for the time being applies.

22. Enforcement of protection of wild birds.

22.—(1) Subject to subsection (2) hereof, this section applies to every wild bird other than a wild bird of a species specified in the Third Schedule to this Act.

• (2) The Minister may by regulations provide that—

• (a) a wild bird of a species specified in the Third Schedule to this Act shall be a wild bird to which this section applies,

• (b) this section shall not apply to a wild bird which is of a species specified in the regulations,

• (c) in such places or areas as are specified in the regulations and as regards such period or periods as are so specified, subsection (4) of this section shall not have effect, either, as may be so specified, generally or as regards such species of wild bird as are so specified,

• (d) this section shall not have effect in relation to the taking or removing by persons of a specified class of the eggs and nests of wild birds of a species so specified,

and in case any regulations under this subsection are for the time being in force, this section shall be construed and have effect subject to and in accordance with them; provided that regulations made by the Minister under this subsection and which deal with any matter mentioned in paragraph (a), (b) or (c) of this subsection shall be so made only after consultation with the Minister for Agriculture and Fisheries.

• (3) A wild bird to which this section for the time being applies is in this Act referred to as a protected wild bird.

• (4) Subject to the exceptions specified in subsection (5) of this section, any person who—

• (a) (i) hunts a protected wild bird, other than a protected wild bird which is of a species specified in an order under section 24 of this Act, otherwise than under and in accordance with a permission or licence granted by the Minister under this Act, or

• (ii) hunts a protected wild bird which is of a species specified in an order under section 24 of this Act, otherwise than—

• (A) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29,

• (B) under and in accordance with a licence granted under section 29 of this Act and (also) on a day, or during a period of days, specified in a relevant order under the said section 24,

• (b) injures a protected wild bird otherwise than while hunting it,

• (i) in case the protected wild bird is of a species other than a species specified in an order under section 24 of this Act, under and in accordance with a licence or permission granted by the Minister under this Act,

• (ii) in case the protected wild bird is of a species so specified, either in the manner mentioned in clause (A) of paragraph (a) (ii) of this subsection, or in the manner and on a day, or during a period of days, mentioned in clause (B) of the said paragraph (a) (ii),

• (c) wilfully takes or removes the eggs or nest of a protected wild bird otherwise than under and in accordance with such a licence,

• (d) wilfully destroys, injures or mutilates the eggs or nest of a protected wild bird,

• (e) wilfully disturbs a protected wild bird on or near a nest containing eggs or unflown young,

shall be guilty of an offence.

• (5) It shall not be an offence for a person—

• (a) while engaged in ornithology wilfully to disturb a protected wild bird, or

• (b) while so engaged or engaged in agriculture, F50[aquaculture, fishing, forestry or turbary] unintentionally to injure or kill a protected wild bird, or

• F51[(c) to remove for conservation purposes or to destroy unintentionally the eggs or nest of a protected wild bird in the ordinary course of agriculture or forestry,]

• (d) to capture an injured or disabled protected wild bird F52[, or the orphaned and dependant young of such a bird,] for the purpose of killing it humanely F53[…], or

• (e) to kill humanely a protected wild bird which has been injured in the manner described in paragraph (b), or captured in the manner described in paragraph (d) or injured in the circumstances described in paragraph (h) of this subsection F54[and where the bird is so injured or disabled that there is no reasonable chance of its recovering], or

• (f) F55[…]

• (g) to destroy or remove any such nest which is built in or on an occupied building F56[unless the nest contains the eggs or young of a protected wild bird], or

• F57[(h) while constructing a road or while carrying on any archaeological operation, building operation or work of engineering construction or while constructing or carrying on such other operation or work as may be prescribed, unintentionally to kill or to injure a protected wild bird or to remove for conservation purposes or unintentionally to destroy, injure or mutilate the eggs or nest of a protected wild bird,]

and nothing in this section shall make unlawful anything which is duly done pursuant to F58[a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000, or which is duly done pursuant to any other statute] or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

• (6) In any proceedings for an offence under this section relating to a protected wild bird which is of a species other than a species specified in Part I of the Fourth Schedule to this Act, it shall be a defence for the defendant to prove that any capturing or killing complained of was urgently necessary for the purpose of stopping damage described in section 42 (1) of this Act being caused and that in the particular circumstances of the case it was not practical for him to apply to the Minister beforehand for a permission under section 42 of this Act and that the defendant reasonably believed that damage mentioned in the said section 42 (1) was being caused by the protected wild bird to which the alleged offence relates or by protected wild birds of the same species as that of such protected wild bird.

• (7) In any proceedings for an offence under this section in which it is alleged that the defendant wilfully disturbed a protected wild bird described in subsection (4) (e) of this section, it shall not be necessary for the prosecution to prove that at the time of the alleged offence the defendant was not engaged in ornithology.

• (8) Proceedings for an offence under this section may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned.

• (9) The Minister may grant a licence to a person—

• (a) at any time to capture or kill humanely or capture and humanely kill a protected wild bird of a species specified in the licence for such educational, scientific or other purposes as shall be so specified,

• (b) to hunt, in accordance with the licence, on such day or during such period of days as is specified in the licence, protected wild birds which are both pen-reared and of a species so specified,

• (c) to so hunt, on such day or during such period of days, protected wild birds of a species so specified for the purpose of either training gun dogs for any field sport or holding gun dog trials,

• (d) to F59[examine, inspect or] take the nests or eggs of protected wild birds of a species so specified for such educational, scientific or other purposes as shall be so specified.

• F60[(e) to take the eggs of a protected wild bird of a species specified in the licence for the purposes of having them hatched out for repopulation, or re-introduction to the wild or, for such purposes, to move such eggs from the nest of a bird so specified to that of another bird of the same species or for such other purposes as the Minister considers appropriate in the circumstances in respect of the species so specified,

• (f) to take or make photographic, video or other pictures of a protected wild bird of a species specified in the licence on or near a nest containing eggs or unflown young,

• (g) to have in possession, for a reasonable period of time—

• (i) an injured or disabled wild bird, or

• (ii) one or more than one dependant young of a wild bird which is orphaned,

with the intention of tending and later releasing such bird or young back into the wild when and only when such bird or young, as the case may be, is no longer injured, disabled or dependant,

• (h) to retain possession of a wild bird, that for reasons of disability or for other reasons deemed reasonable by the Minister, would, if released, be unlikely to survive unaided in the wild.]

• (10) The Minister may by regulations provide that—

• (a) subsection (6) of this section shall have effect in relation to any proceedings for offences under this section relating to protected wild birds of a species specified in both Part I of the Fourth Schedule to this Act and in the regulations,

• (b) the said subsection (6) shall not have effect in relation to any such proceedings relating to protected wild birds of a species specified in the regulations,

and the said subsection (6) shall have effect accordingly.

23. Enforcement of protection of wild animals (other than wild birds).

23.—(1) Subject to subsection (2) hereof, this section applies to any animal which is of a species of fauna specified in the Fifth Schedule to this Act.

• (2) Subject to subsection (3) of this section, the Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations provide that—

• (a) an animal of a species of fauna specified in the regulations (not being a species specified in the Fifth Schedule to this Act) shall be an animal to which this section applies,

• (b) an animal of a species of fauna specified both in the regulations and in the said Fifth Schedule shall not be an animal to which this section applies,

• (c) in such places or areas as are specified in the regulations and as regards such period or periods as are so specified, subsection (5) of this section shall not have effect either, as may be so specified, generally or as regards such species of animal as are so specified,

and in case any regulations under this subsection are for the time being in force, this section shall be construed and have effect subject to and in accordance with them.

• (3) Regulations under this section—

• (a) which provide that an animal of any species of fish or aquatic invertebrate shall be an animal to which this section applies, or

• (b) the effect of which when made would be that this section would, for so long as the regulations are in force, cease to apply to animals which are of such a species,

shall be made or amended by the Minister only with the concurrence of the Minister for Agriculture and Fisheries who shall indicate his concurrence by signing the regulations.

• (4) An animal to which this section for the time being applies is in this Act referred to as a protected wild animal.

• (5) Any person who—

• (a) hunts a protected wild animal which is not an exempted wild mammal otherwise than under and in accordance with a permission or licence granted by the Minister under this Act,

• (b) hunts an exempted wild mammal otherwise than,

• (i) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29, or

• (ii) under and in accordance with a licence granted by the Minister under section 29 of this Act and (also) on a day, or during a period of days, specified in a relevant order under section 25 of this Act,

• (c) injures a protected wild animal otherwise than while hunting it,

• (i) in case the protected wild animal is not an exempted wild mammal, under and in accordance with such a permission or a licence granted by the Minister under this Act,

• (ii) in case the protected wild animal is an exempted wild mammal, either,

• (A) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29, or

• (B) in the manner and on a day, or during a period of days, mentioned in subparagraph (ii) of paragraph (b) of this subsection,

• (d) wilfully interferes with or destroys the breeding place F61[or resting place] of any protected wild animal,

shall be guilty of an offence.

• F62[(6) The Minister may grant a licence to a person—

• (a) to take, capture or humanely kill or capture and humanely kill at any time a protected wild animal of a species specified in the licence for such educational, scientific or any other purpose as shall be specified in the licence, or