WILDLIFE ACT, 1976

• (i) apply this section, either generally or by reference to one or more species, to wild animals which are not protected wild animals, or

• (ii) apply this section generally to species of wild animals which are not protected wild animals, subject to the exclusion of one or more such species.]

46. Regulation and control of wildlife dealing.

46.—(1) Where the Minister is satisfied that it is in the interests of the conservation of any species of F157[wild bird or wild animal] so to do, subject to subsection (5) of this section, he may by regulations prohibit, or control in such manner as he considers appropriate and specifies in the regulations, the purchase or sale of that species for such period as may be so specified.

• (2) The Minister may make regulations regulating or controlling the carrying on by licensed wildlife dealers of the business of wildlife dealing.

• (3) Without prejudice to the generality of subsection (2) of this section, regulations under this section may—

• (a) prescribe conditions with regard to premises used by licensed wildlife dealers for wildlife dealing,

• (b) prescribe the form and period of validity of a wildlife dealer’s licence and the form and period of validity of a renewal of such a licence,

• (c) specify the species of fauna which may be sold or purchased for resale by the holder of a wildlife dealer’s licence pursuant to the licence,

• F158[(cc) prescribe conditions with regard to the practice of taxidermy by the holder of a wildlife dealer’s licence and to species of fauna generally, or any such species as may be specified in the regulations, used for the purpose of taxidermy,]

• (d) require the keeping by the holder of a wildlife dealer’s licence of such registers, books, records, invoices, receipts or other documents relating to the business of wildlife dealing as may be prescribed, and require any such document to be produced by such holder when required to do so by an authorised person at a reasonable time,

• F159[(dd) require the holder of a wildlife dealer’s licence to give to the Minister such particulars in writing from any documents kept by that holder under paragraph (d) of this subsection as the Minister may require and specify by notice in writing sent to the holder,]

• (e) provide for the entry in such registers or records of such particulars relating to wildlife as may be prescribed,

• (f) require the display in such premises of a current wildlife dealer’s licence,

• F160[(ff) prohibit the dealing in wild birds or wild animals which do not have the appropriate tag or mark as specified in regulations made under section 29 of the Principal Act,]

• (g) provide that F161[a wild bird or a wild animal] shall not be confined, kept, or exposed for sale in a cage in such premises, or while it is being transported from one place to another by or on behalf of such dealer for purposes of display, sale or exhibition, unless the cage is of a prescribed size, type or description, and

• (h) make any other provision which is ancillary or incidental to any of the foregoing.

• (4) An authorised person may inspect and, if he thinks fit, take copies of any entry in any document produced pursuant to a requirement of regulations under this section.

• (5) Regulations under this section which relate to a species of fish or aquatic invertebrate animal shall, in so far as they relate to such species, be made by the Minister only after consultation with the Minister for Agriculture and Fisheries.

• F162[(5A) For the avoidance of doubt it is hereby declared that this section shall not apply to domesticated, farmed or other deer which are not wild animals.]

47. Prohibition on wildlife dealing without wildlife dealer’s licence.

47.—(1) Subject to subsection (2) of this section, a person shall not carry on business as a wildlife dealer except under and in accordance with a wildlife dealer’s licence.

• (2) Subsection (1) of this section shall not apply—

• (a) in relation to a person who immediately prior to the commencement of this section was carrying on business as a wildlife dealer, during the period of three months beginning on the commencement of this section,

• (b) in relation to a person who acquires (by purchase or otherwise) premises in which immediately prior to the acquisition the business of wildlife dealing was duly carried on, during the period of three months beginning on the date of the acquisition,

• (c) in relation to the personal representative of a licensed wildlife dealer, during the period of six months beginning on the date of the death of such dealer.

• (3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

48. Wildlife dealer’s licence.

F163[48.—(1) The Minister may, on application being made in that behalf, if thought fit and on payment of the prescribed fee (if any), grant or renew a licence (in this Act referred to as a ‘wildlife dealer’s licence’) authorising the applicant to carry on business as a wildlife dealer at premises specified in the licence.

• (2) A wildlife dealer’s licence shall, unless it is previously revoked, remain in force until the 31st day of July following the year in which it was granted or renewed.

• (3) The Minister may, on application being made in that behalf, from time to time and on payment of the prescribed fee (if any), renew a licence granted under subsection (1) of this section.

• (4)
• (a) Every applicant for the grant or renewal of a licence under this section shall have the right of appeal, to the District Court for the District in which the applicant resides, against the refusal of the Minister to grant or renew such a licence.

• (b) Where, in the case of the refusal by the Minister to grant or renew a licence under this section, the applicant is the holder of a subsisting licence under this section, then the licence shall continue in force pending the determination of an appeal against such refusal, or the appeal ceases for any other reason.

• (c) The Minister shall be notified in writing by registered post by the applicant of any such appeal not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

• (d) Where an appeal under this subsection is allowed, the Minister shall grant or renew, as appropriate, a licence subject to any conditions which the judge allowing the appeal may require to be attached to the licence.

• (5) The Minister may, in considering an application for the grant or renewal of a licence under this section, have regard to the following:

• (a) the suitability of the applicant, taking into account the purposes of this Act, to hold a wildlife dealer’s licence,

• (b) the suitability of the premises, taking into account all relevant legislative provisions relating to food hygiene and food safety, where the applicant proposes to carry on the business of wildlife dealing, and

• (c) the ability of the applicant to comply with regulations made under section 46(2) of this Act which are for the time being in force.

• (6)
• (a) The Minister may, having given 21 days’ notice to the holder of a licence issued under this section, revoke the licence if the holder has failed to comply with the conditions thereof or with regulations made under section 46(2) of this Act which are for the time being in force, and shall notify the holder of the reasons for such revocation.

• (b) The holder of a wildlife dealer’s licence shall have the right to appeal, to the District Court for the District in which the applicant resides, within a period of 21 days in respect of the notification by the Minister to revoke the licence.

• (c) Where, in the case of the notification of revocation by the Minister of a licence under this section, the holder of the licence appeals to the District Court in accordance with paragraph (b), the licence shall continue in force pending the determination of an appeal against such revocation, or the appeal ceases for any other reason.

• (d) The Minister shall be notified in writing by registered post of any appeal to which paragraph (b) relates not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

• (7) The Minister may, on application being made in that behalf by the holder of the wildlife dealer’s licence, amend a licence issued under this section.]

49. Revocation of wildlife dealer’s licence.

49.—(1) Where a person who holds a wildlife dealer’s licence F164[is convicted of an offence under this Act,] the court by which the person is convicted may revoke the licence and such revocation shall be in addition to any other punishment imposed by the court in respect of the offence.

• (2) Where a court revokes a wildlife dealer’s licence pursuant to this section, the registrar or clerk of the court shall, as soon as may be, send to the Minister a copy of the court’s order.

50. Minister may publish list of wildlife dealers or notice of revocation.

50.—(1) The Minister may, if he thinks fit, publish from time to time and in such manner as he considers appropriate, a notice listing all persons who on the day specified in the notice were the holders of wildlife dealers' licences.

• (2) Where a wildlife dealer’s licence is revoked under section 49 of this Act and the Minister has received a copy of the order revoking the licence, if either—

• (a) no appeal is taken against the order and the period during which such an appeal may be taken has expired, or

• (b) such an appeal is taken and the order is confirmed on appeal or the appeal is withdrawn,

the Minister may publish, in such manner as he considers appropriate, notice of the revocation.

51. Transport of packages etc. containing certain fauna.

51.—(1) This section applies to any package, parcel, box or other container which contains all or any of the following, namely:

• (a) any protected wild bird or protected wild animal,

• (b) the dead body, carcase or any other part either of a protected wild bird or protected wild animal,

• (c) eggs of a protected wild bird.

• F165[(cc) any species of flora to which an order under section 21 of this Act for the time being applies.]

• (2) Every package, parcel, box or other container to which this section applies shall, if transported, whether by hand or otherwise, be marked conspicuously either on the outside thereof or on a label attached thereto, so as clearly to indicate—

• F166[(a) that the package, parcel, box or other container contains wild birds, wild animals or flora, as may be appropriate,

• (aa) the number of specimens and the species, respectively, of wild birds, wild animals or flora so contained and, in respect of each specimen captured, picked or otherwise taken (as appropriate) within the State or the territorial seas of the State, the location of where it was so captured, picked or otherwise taken, and]

• (b) the name and address of the consignor.

• (3) Any person who consigns or transports a package, parcel, box or other container which is not marked in the manner required by subsection (2) of this section and who knows that the package, parcel, box or other container, as the case may be, contains any thing mentioned in paragraph F167[(a), (b), (c) or (cc)] of subsection (1) of this section shall be guilty of an offence.

• (4) In any proceedings for an offence under this section, it shall be a good defence to show that a package, parcel, box or other container to which the alleged offence relates did not contain at the time of the alleged offence protected wild birds or protected wild animals other than the following, namely, a protected wild bird or an exempted wild mammal lawfully hunted by virtue of an order under section 24 or 25 of this Act or the dead body or any part of such a protected wild bird or exempted wild mammal.

• F168[(5) The Minister may by regulations provide that this section—

• (a) shall also apply to any package, parcel, box or other container which contains all or any of the following, that is to say:

• (i) a wild bird of a species specified in the regulations for that purpose;

• (ii) a wild animal of a species specified in the regulations for that purpose;

• (iii) a species of flora specified in the regulations for that purpose;

and which for the time being is not a species to which subsections (1) to (4) of this section apply,

• (b) shall not apply to any package, parcel, box or other container which contains all or any of the following, that is to say:

• (i) a wild bird of a species specified in the regulations for that purpose;

• (ii) a wild animal of a species specified in the regulations for that purpose;

• (iii) a species of flora specified in the regulations for that purpose;

and which would, but for the regulations, be a species to which subsections (1) to (4) of this section would apply,]

52. Import of fauna and flora.

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

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

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

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

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

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

• (e) any plant of a species so specified,

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

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

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

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

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

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

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

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

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

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

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

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

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

• (7) Any person who—

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

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

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

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

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

53. Export of fauna and flora.

53.—(1) Subject to section 52 (5) of this Act, the Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the export F179[from the State to outside the European Union], save under and in accordance with a licence granted by or on behalf of the Minister under this section, of all or any of the following:

• (a) F180[any wild bird or any wild animal, at any stage of its life,] of a species specified in the regulations,

• (b) the dead body or the carcase either of a F181[wild bird or wild animal] of a species so specified,

• (c) any part, other than the carcase, F182[or any product or derivative] of a wild animal or wild bird which is F182[a part, product or derivative] so specified,

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

• F183[(dd) any part, product or derivative of the eggs or spawn of a wild animal or wild bird which is a part, product or derivative so specified,]

• (e) wild plants which are of a species which is so specified F184[…]

• (f) the flowers F185[, seeds, spores] or roots of any such wild plant,

• (g) any part, other than the flowers F186[, seeds, spores] or roots, F187[or any product or derivative] of any such plant which is F187[a part, product or derivative] so specified.

• F188[(1A)
• (a) The Minister may, and shall in the case to which paragraph 1 of Article 12 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein relates, designate in writing the ports, airports and other places through which wild animals, wild birds or the eggs or spawn of wild animals or wild birds or plants, flowers, roots, seeds or spores of such plants may be exported from the State to outside the European Union and different places may be prescribed for different specified species.

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

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

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

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

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

• F189[(4) Any officer of An Post duly authorised in that behalf may detain and examine and if necessary open for that purpose any postal packet containing, or suspected by that officer of containing, any thing which is being exported in contravention of this section, and if a postal packet so detained contains any such thing, the officer of An Post shall dispose of the packet and its contents in accordance with the instructions of the Minister.]

• (5) Nothing in this section shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Agricultural and Fishery Products (Regulation of Export) Act, 1947, or functions which are for the time being transferred to and vested in the Minister for Industry and Commerce by an order under section 5 of that Act.

53A. F190[Regulation of trade in wild flora and fauna and CITES Regulations.

53A.—(1) The Minister is hereby designated, for the purposes of paragraph 1(a) of Article 13 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (in this section referred to as ‘the Council Regulation’), as the management authority with primary responsibility in relation to that Regulation.

• (2)
• (a) The Minister may, for the purposes of paragraph 1(b) of Article 13 of the Council Regulation, designate in writing from time to time additional management authorities and other competent authorities.

• (b) The Minister shall, for the purposes of paragraph 2 of Article 13 of the Council Regulation, designate in writing from time to time one or more scientific authorities.

• (c) A designation under paragraph (a) or (b) of this subsection may be amended or revoked in writing by the Minister.

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

• (3) The import, export, or any attempts thereat, of any specimen of a species listed in the annexes to the CITES Regulations without the required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or certificates, shall be prohibited.

• (4)
• (a) The Minister may make regulations to prohibit the holding or possession of any specimen of a species listed in annexes to the CITES Regulations.

• (b) It shall be an offence to hold or possess any such specimen contrary to any regulations made under paragraph (a) of this subsection.

• (5)
• (a) Subject to subsection (6), a person who, in contravention of the CITES Regulations—

• (i) imports, introduces from the sea, exports, re-exports, engages in movement, holds or possesses any specimen of a species listed in annexes to the CITES Regulations without the required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or certificates, or

• (ii) purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale contrary to Article 8 of the Council Regulation a specimen of a species listed in Annex A to the CITES Regulations, or

• (iii) purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale contrary to Article 8 of the Council Regulation a specimen of a species listed in Annex B to the CITES Regulations imported or acquired contrary to the CITES Regulations, or

• (iv) fails to comply with any condition or requirement of a permit or certificate, or

• (v) fails to comply with the requirements of paragraph 1, 4 or 5 of Article 9 of the Council Regulation relating to the holding or transport or movement of live specimens, or

• (vi) makes false or misleading statements or declarations with a view to obtaining a permit or certificate, or of clearing specimens for import or export, or

• (vii) furnishes a document or information which is false with a view to obtaining a permit or certificate, or falsifies or alters any permit or certificate, or uses or furnishes a false or invalid permit or certificate or one altered without authorisation, or

• (viii) fails to make an import notification or makes a false import notification contrary to Article 4 of the Council Regulation, or

• (ix) uses any specimen of a species listed in Annex A to the CITES Regulations otherwise than in accordance with the authorisation given at the time of issue of the import permit or subsequently, or

• (x) trades in artificially propagated plants contrary to the provisions of Article 7 of the Council Regulation, or

• (xi) uses a permit, certificate or import notification for any specimen other than for which it was issued, or

• (xii) fails to disclose rejection of an application for an import, export or re-export permit or certificate in accordance with Article 6 of the Council Regulation, or

• (xiii) engages in transit or transshipment of any specimen of a species listed in annexes to the CITES Regulations without the required valid permit or certificate or document, or without satisfactory proof of the existence of such permit or certificate or document, as appropriate,

shall be guilty of an offence.

• (b) A person who aids or abets the commission of an offence under subsection (4)(b) or (5)(a) shall be guilty of an offence.

• (6) Nothing in this section shall make unlawful anything which is duly done under, and in accordance with the terms of, any certificate or general derogation granted pursuant to the CITES Regulations.

• (7) Nothing in this section shall prevent the application of the Customs Acts to offences committed under the said Acts in relation to the import, export, or any attempt thereat, of prohibited specimens in contravention of subsection (3) of this section.

• (8)
• (a) A word or expression that is used in this section and is also used in the CITES Regulations shall, unless the contrary intention appears, have in this section the meaning that it has in the CITES Regulations.

• (b) For the purposes of this section, references to a permit or certificate include references to—

• (i) an import permit of the kind referred to in Article 4 of the Council Regulation,

• (ii) an export permit or a re-export certificate of the kind referred to in Article 5 of the Council Regulation,

• (iii) a certificate of any of the kinds referred to in Article 10 of the Council Regulation, or

• (iv) a label of the kind referred to in paragraph 4 of Article 7 of the Council Regulation.]

53B. F191[Simplified procedures for export or re-export of dead specimens of species listed in Annexes B and C to Council Regulation

53B. —(1) A person may avail of the simplified procedures in respect of the export or re-export of a particular species only if the person is the subject of an entry in the register in respect of the species.

• (2) The management authority shall establish and maintain a register (in this section referred to as “the register”) which shall be in such form (including electronic form) as the management authority considers appropriate.

• (3) An entry in the register shall—

• (a) contain—

• (i) the name of a person who is entitled to trade a species specified under paragraph (b) under the simplified procedures, and

• (ii) the address at which the person referred to in subparagraph (i) ordinarily resides, and

• (b) specify the species to which the entitlement of the person referred to in subparagraph (i) relates.

• (4) The management authority shall, from time to time, but in any event at least every five years, review the register.

• (5) A person may apply to the management authority to be the subject of an entry in the register in respect of a particular species.

• (6) An application under subsection (5) shall be made in writing or by electronic means and shall—

• (a) include the name of the applicant and the address at which the applicant ordinarily resides,

• (b) specify the species that the person wishes to trade under the simplified procedures, and

• (c) contain such other information as the management authority may reasonably require for the purpose of determining the application.

• (7) The management authority, on receipt of an application made in accordance with subsection (6), shall request the scientific authority to provide it with an opinion in writing as to whether the export or re-export of the species specified in an application will or will not have a detrimental impact on the conservation of the species concerned.

• (8) Where the opinion of the scientific authority under subsection (7) is that the export or re-export concerned will have a detrimental impact on the conservation of the species concerned—

• (a) the management authority shall notify the applicant, in writing, that it proposes to refuse the application, which notification shall be accompanied by a copy of the opinion of the scientific authority and a statement of the effect of paragraph (b), and

• (b) the applicant may, within 14 days of the date of the notification under paragraph (a), request the management authority, in writing, to review its proposal, which request shall be accompanied by representations in writing stating the reasons why the applicant considers that the export or re-export concerned will not have a detrimental impact on the conservation of the species concerned.

• (9) The management authority, on receipt of a request made in accordance with subsection (8)(b), shall request the scientific authority to consider the applicant’s representations under that paragraph and to provide it with a further opinion in writing as to whether the export or re-export concerned will or will not have a detrimental impact on the conservation of the species concerned.

• (10) Where the management authority, having considered an application made in accordance with subsection (6), is not satisfied that the requirements of Article 19 of the Commission Regulation will be complied with by the applicant—

• (a) the management authority shall notify the applicant, in writing, that it proposes to refuse the application, which notification shall be accompanied by a statement of the reasons for the proposal and of the effect of paragraph (b), and

• (b) the applicant may, within 14 days of the date of the notification under paragraph (a), request the management authority, in writing, to review its proposal, which request shall be accompanied by representations in relation to the reasons referred to in that paragraph.

• (11) The management authority shall make an entry in the register in respect of an applicant and species only where—

• (a) the scientific authority has advised under subsection (7) or (9), as the case may be, that the export or re-export concerned will not have a detrimental impact on the conservation of the species concerned, and

• (b) the management authority is satisfied, on the basis of the application or its consideration of representations made in accordance with subsection (10)(b), that the requirements of Article 19 of the Commission Regulation will be complied with by the applicant.

• (12) Where the management authority makes an entry in the register under subsection (11), it shall, as soon as practicable, inform the registered person of the fact, and of the date of the making of the entry.

• (13) Where—

• (a) subsection (8) applies, and the applicant does not make a request in accordance with subsection (8)(b), or the further opinion of the scientific authority under subsection (9) is that the export or re-export concerned will have a detrimental impact on the conversation of the species concerned, or

• (b) subsection (10) applies, and the applicant does not make a request in accordance with subsection (10)(b), or the management authority, having considered such representations, is not satisfied that the requirements of Article 19 of the Commission Regulation will be complied with by the applicant,

the management authority shall refuse the application and inform the applicant of the refusal and of the reasons for it.

• (14) The management authority may, subject to this section, remove an entry in the register—

• (a) at the request in writing of the registered person, or

• (b) where—

• (i) after the date of the making of the entry in the register, the registered person has not availed of the simplified procedures for any continuous period of 12 months, or

• (ii) the management authority is not satisfied that the registered person is complying, or has complied with, the requirements of Article 19 of the Commission Regulation.

• (15)
• (a) The management authority, where it proposes to remove, under subsection 14(b), an entry in the register, shall notify the registered person concerned in writing of the proposal, which notification shall be accompanied by a statement of the reasons for the proposal and of the effect of paragraph (b).

• (b) Where paragraph (a) applies, the registered person may, within 30 days of the date of the notification under that paragraph, make representations, in writing, in relation to the proposal, which representations may—

• (i) in the case of a proposal to remove, under subsection (14)(b)(i), the entry, give reasons why the simplified procedures have not been availed of, and

• (ii) in the case of a proposal to remove, under subsection 14(b)(ii), the entry, include proposals from the registered person to rectify any failure to comply with the requirements of Article 19 of the Commission Regulation.

• (16) The management authority shall consider any representations made in accordance with subsection (15) and—

• (a) decide whether to remove the entry in the register, and

• (b) notify the registered person of the decision under paragraph (a) and of the reasons for it.

• (17) Where a decision under subsection (16)(a) is to remove the entry in the register, the registered person may, within 14 days of the date of the notification under subsection (16)(b), of the decision, request the management authority, in writing, to have the decision reviewed, which request shall be accompanied by a statement of the reasons why the entry should not be removed.

• (18) On receipt of a request under subsection (17) for a review, the management authority shall appoint an officer of the management authority to carry out the review of the decision and the officer so appointed—

• (a) shall not be the person who made the decision the subject of the review, and

• (b) shall be of a grade senior to the grade of the person who made the decision concerned.

• (19) The officer appointed under subsection (18), having considered the statement under subsection (17), shall—

• (a) confirm the decision, or

• (b) cancel the decision.

• (20) The decision of the officer under subsection (19) shall be notified, in writing, to the registered person as soon as practicable after the decision has been made.

• (21) The management authority shall remove an entry in the register as soon as practicable after—

• (a) receipt by it of a request made in accordance with subsection (14)(a) in respect of the entry,

• (b) the expiry of the period referred to in paragraph (b) of subsection (15), where no request is made in accordance with that paragraph,

• (c) the making a decision under subsection (16)(a) to remove the entry, where no request is made in accordance with subsection (17), or

• (d) a decision to remove the entry is confirmed under subsection (19)(a).

• (22) The management authority, as soon as practicable after removing an entry in the register under subsection (21), shall notify the person who was the subject of the entry, in writing, of—

• (a) the removal of the entry,

• (b) the date on which the entry was removed, and

• (c) the effect of subsection (23).

• (23) Where an entry in the register is removed under subsection (22)—

• (a) any partially completed export permits or re-export certificates provided under the simplified procedures to the person who was the subject of the entry shall cease to be valid, and

• (b) the person who was the subject of the entry shall, within 14 days of the date of the notification under subsection (22), return to the management authority any such permits or re-export certificates.

• (24) The Minister may, with the consent of the Minister for Public Expenditure and Reform, prescribe fees (if any) payable in respect of providing under the simplified procedures to a registered person partially completed export permits or re-export certificates.

• (25) In this section—

"Commission Regulation" means 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;

"Council Regulation" means Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein together with any amendments to or replacements of those Regulations;

"management authority" means the management authority designated under section 53A(1);

"registered person" means a person who is the subject of an entry in the register;

"scientific authority" means a person designated under section 53A(2)(b);

"simplified procedures" mean the simplified procedures, referred to in Article 19 of the Commission Regulation, for the export or re-export of a dead specimen of a species, including any part or derivative thereof, listed in Annexes B and C to the Council Regulation;

"species" means a species listed in Annexes B and C to the Council Regulation.

• (26) A reference in this section to the trade, export or re-export of a particular species is a reference to the trade, export or re-export of dead specimens of the species, including any parts or derivatives thereof.

• (27) A word or expression that is used in the Commission Regulation or the Council Regulation and is also used in this section has, unless the context otherwise requires, the same meaning in this section as it has in the Commission Regulation or the Council Regulation.

• (28) For the purposes of subsections (3)(a)(ii) and (6)(a), a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.]

54. Saver in relation to Customs Acts.

54.—No order or regulation made under or thing done in accordance with the provisions of this Act shall absolve the importer, exporter or other person concerned with the import or export of any animal, plant or other thing from complying with the relevant requirements of the Customs Acts in regard to the animal, plant or other thing concerned.

PART IV Land and Waters

55. Land purchase orders.

55.—(1) For the purposes of this section—

“land for transfer” means—

• (a) in case the Minister is satisfied that the relevant land is land held in commonage and where at least one of the owners of the land does not wish to sell pursuant to this section to the Minister his interest in the land, all that land other than the part thereof which is to be taken by way of exchange under this section,

• (b) in any other case, the relevant land;

“land held in commonage” means land which is held by two or more persons (in this section referred to as owners in common) in common in undivided shares, whether as joint tenants or as tenants in common;

“relevant land” means the whole of the land which either is, or is proposed to be, as the context may require, the subject of an order under this section;

“remaining land” means, in relation to relevant land which the Minister is satisfied is land held in commonage and as regards which at least one owner does not wish to sell pursuant to this section his interest in the land to the Minister, all the land, apart from the land for transfer, comprised in the relevant land;

“State annuity” has the same meaning as in section 12 of the Act of 1946.

• (2) Where—

• (a) the Minister wishes to purchase land, and

• F192[(b) the purpose for which the Minister proposes to use the land is a purpose of the Wildlife Acts, 1976 and 2000, and]

• (c) the ownership of the land is registered under the Registration of Title Act, 1964, and,

• (d) (i) the vendor claims to have an interest in the land which enables him to offer to the Minister vacant possession of the land, or

• (ii) the vendor claims that the land is land held in commonage and that he has an interest therein which enables him to offer to the Minister an undivided share therein, and

• (e) the Minister receives—

• (i) in every case, a statement in writing signed by the vendor specifying the grounds on which his claim is based and stating that the vendor is willing to sell to the Minister the interest he claims to have in the land for a price agreed between the vendor and the Minister and specified in the statement,

• (ii) in case the vendor claims that the land is land held in commonage by him with only one other owner in common and where that owner is not willing to sell to the Minister his interest in the land, in addition to the aforesaid statement, a statement in writing signed by the other person concerned specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land a sole or exclusive interest in a part of the land which shall be specified in the statement,

• (iii) in case the vendor claims that the land is land held in commonage by him with two or more other owners in common and where those owners in common are not willing to sell to the Minister their interests in the land, in addition to the statement described in subparagraph (i) of this paragraph, a statement in writing by each person concerned and signed by him specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land an undivided share in common with the other owners in common apart from the vendor in a part of the land, which shall be specified in the statement,

the Minister may, in his absolute discretion, make an order under this section (subsequently in this section referred to as a purchase order) in relation to the land.

• (3) A purchase order shall not be made by the Minister unless—

• (a) the Minister has caused a notice in the prescribed form of his intention to make the order and specifying the relevant land to be published at least two months previously in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the said land is situated and copies of the notice have been duly served on the vendor of the said land and on all other persons appearing to the Minister to have an interest in the said land, and

• (b) the Minister is unaware of any claim, other than the vendor’s, to an interest in the land, or if there is a burden registered in a register maintained under the Registration of Title Act, 1964, which affects the land, or where the Minister is aware of any other such claim, the burden or claim has been disposed of to the satisfaction of the Minister, the owner of the burden or the person making the claim, as may be appropriate, and any other person known to the Minister to be concerned.

• (4) Where the Minister makes a purchase order the following provisions shall have effect:

• (a) the order shall without further assurance vest in the Minister in fee simple the land for transfer free from all rights (including any public right) charges, burdens or other incumbrances or interests and from the claims of all persons who are interested in the said land, whether in respect of incumbrances or interests therein or otherwise howsoever, other than—

• (i) in case the said land is subject to a State annuity, that State annuity,

• (ii) such burdens (if any) as are specified in the order,

• (b) in case the relevant land is land held in commonage, as on and from the date of the order, the land shall cease to be held in common by the owners in common, and—

• (i) in case immediately before the making of the order the relevant land was held by the vendor and two or more other owners in common (being owners in common who are not willing to sell to the Minister their interests in the land), the order shall, without further assurance vest in fee simple in the other owners in common, and in only those owners in common, the remaining land which shall be held by them as tenants in common in shares proportionate to the proportions of their former shares, one to another, in the relevant land,

• (ii) in case immediately before the making of the order the relevant land was held by the vendor with only one other owner in common (being an owner in common who is not willing to sell to the Minister his interest in the land), the order shall vest in fee simple in the other owner in common the remaining land,

• (c) in respect of the interest of the vendor in the relevant land—

• (i) the order shall operate, as on and from the date thereof, to transfer and attach to the amount payable by the Minister to the vendor pursuant to subsection (6) of this section all estates, trusts and incumbrances subsisting in respect of that interest immediately before the date of the order, and

• (ii) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the interest, represent that interest for all purposes,

• (d) in respect of the interest of owners in common (if any) apart from the vendor in the relevant land—

• (i) the order shall operate, as on and from the date of the order, to transfer to the interest of those owners in common in the remaining land all estates, trusts and incumbrances subsisting in respect of the interest of those owners in common in the relevant land immediately before the date of the order, and

• (ii) the interest of those owners in common in the remaining land shall, as respects any rights or claims existing immediately before the date of the order to or against the interest of those owners in common in the relevant land, represent the last-mentioned interest of those owners in common for all purposes.

• (5) Where land for transfer becomes vested in the Minister by virtue of an order made under this section, the registering authority under the Registration of Title Act, 1964, shall, upon production of a copy of the order under the official seal of the Minister, register the Minister in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land and the authority shall in addition cause such other alterations (if any) to be made in the appropriate such register as are appropriate having regard to the terms of the order.

• (6) On the making of a purchase order the Minister shall pay—

• (a) in case the Minister is then unaware of any claim to an interest in the land concerned, other than that of the vendor, or in case the Minister is aware of such other claim, either the Minister has received a statement referred to in subparagraph (ii) or subparagraph (iii) of subsection (2) (e) of this section or it has been agreed between the Minister and the person making the other claim that no payment is to be made by the Minister in respect of the claim, to the vendor an amount equal to the agreed purchase price,

• (b) in case a claim or claims to such an interest other than the claim of the vendor has or have been made and the Minister has agreed to make a payment in respect of such other claim, to any person making such other claim the amount which has been agreed in regard thereto and to the vendor such amount as has been agreed between the Minister and the vendor having regard to the other claim or claims, as the case may be.

• (7) A person who immediately prior to the making of a purchase order is entitled to an interest in the relevant land but who fails to bring to the notice of the Minister his claim to the interest prior to such making shall, as from such making, cease to have any interest in the said land and in lieu thereof shall be entitled to obtain compensation from the Minister in respect of the loss of the interest; provided that the application to the Minister for the compensation is made, within—

• (a) in case the person is a minor or a person of unsound mind, a period of six years from the date when such person ceases to be under such disability or dies whichever event first occurs, but not more than thirty years after such making,

• (b) in any other case, a period of six years from the date of the purchase order.

• F193[(8)
• (a) Compensation payable by the Minister pursuant to subsection (7) of this section shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section and the order under this section shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section.

• (b) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by virtue of this subsection, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking.

• (c) Where money is paid into court by the Minister under section 69, as applied by this subsection, of the Lands Clauses Consolidation Act, 1845, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.]

• (9) Subject to paragraphs (a) and (b) of subsection (7) of this section, compensation under that subsection may be paid to the personal representative of a person entitled thereto.

• (10) Where the Minister pays compensation under subsection (7) of this section pursuant to an application in that behalf, he may, if he thinks fit, require the person who agreed with him to sell an interest in land to which the application relates to pay to him—

• (a) in case the amount of the compensation does not exceed the amount paid by the Minister to the person pursuant to subsection (6) of this section, an amount equal to the compensation,

• (b) in case the compensation exceeds the amount so paid, the amount so paid,

and in case a person fails to pay to the Minister an amount duly required to be paid to him under this section, that amount shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

• (11) Where a purchase order is made in respect of land (in this subsection referred to as the transferred land) which immediately before the date of the order was subject in conjunction with other land to a State annuity, the following provisions shall apply:

• (a) the Minister shall give notice of the making of the order to the authority to whom the State annuity is payable,

• (b) the said authority shall, as soon as may be after the receipt of the notice, do one of the following things, namely—

• (i) apportion, with effect as on and from the day immediately preceding the date of the purchase order, the State annuity in such manner as the authority considers proper between the transferred land and all or part of the other land, or

• (ii) declare the whole of the State annuity to be exclusively charged, with effect as on and from the day immediately preceding the date of the purchase order, on either the transferred land or all or part of the other land.

• (12) A purchase order shall have attached thereto a map or plan showing the land to which the order relates.

• (13) No stamp duty shall be payable on any purchase order nor shall any fee be payable in respect of proceedings in the Land Registry under subsection (5) of this section.

56. Management etc. of certain land acquired, held or used by the Minister.

56.—F194[(1) All land acquired or vested in the Minister under the Wildlife Acts, 1976 and 2000, other than land which the Minister considers to be land to which this subsection and subsection (2) of this section should not apply and in relation to which a direction (which the Minister is hereby empowered to give) that those subsections shall not apply to the land is given by the Minister and is in force, shall stand held by the Minister for the purposes of the Wildlife Acts, 1976 and 2000, and may, as the Minister considers appropriate, at any time be managed and used for all or any of the following purposes, namely:

• (a) the conservation of wildlife;

• (b) the management and exploitation of hunting and fishing resources;

• (c) other purposes ancillary to any of the foregoing, including the growth of forest crops, the promotion of scientific knowledge, amenity, or recreational or educational purposes.]

• (2) Where the Minister considers that land, being land acquired by or vested in the Minister in the manner mentioned in subsection (1) of this section, is not suitable for any purpose mentioned in that subsection, such land may be managed or used or otherwise dealt with by the Minister in such manner as he thinks fit, and in case land so acquired or vested is not immediately required for use for such a purpose, pending its use therefor the land may be used in such manner as the Minister thinks fit.

• (3) The Minister may make such charges (if any) to the public as he considers appropriate for public access to, or use for car-parking or any other purpose of, any land managed or used by him for a purpose mentioned in subsection (1) of this section.

57. State ownership of certain inland waters.

57.—(1) Where the Minister is of opinion that there is a doubt as to whether or not any lake or other inland waters belong to the State but, in his opinion, it is likely that the lake or other inland waters do so belong, he may, after consultation with the Minister for Agriculture and Fisheries, publish a notice in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the lake or other inland waters are situate requiring either, as may be stated in the notice—

• (a) any person who claims to have or to be entitled to enjoy an interest in or over the lake or other inland waters (which shall be specified in the notice) or, in the case of a lake, in or over the lakeshore accretion (if any) from the lake, or

• (b) any person who claims to have or to be entitled to enjoy an interest, other than a right of fishing, in or over the lake or other inland waters (which shall be so specified) or in or over such lakeshore accretion,

to furnish to the Minister within a period specified in the notice (being a period of not less than two months from the date of the publication in the Iris Oifigiúil) particulars of the interest together with an abstract (accompanied by copies of all abstracted documents) of his title to the interest or of the grounds on which the claim is based.

• (2) Where a person furnishes to the Minister particulars required by a notice under subsection (1) of this section, the Minister shall pay to the person all costs necessarily and reasonably incurred by him in relation thereto.

• (3) Where a notice is published under subsection (1) of this section, if in relation either to the whole of the inland waters and lakeshore accretion (if any) to which the notice relates or to a part of those waters or that lakeshore accretion (if any) either—

• (a) there is not furnished by any person within the period specified particulars of an interest duly supported by the abstract and copies of documents required by the notice, or

• (b) the period so specified has expired and the Minister acquires by agreement all interests particulars of which have been furnished to him pursuant to this section,

then, the Minister may by order declare that the fee simple—

• (i) in case the requirements of paragraph (a) or paragraph (b) of this subsection are complied with as regards the whole of the said inland waters and lakeshore accretion (if any), in the land covered by the waters to which the notice relates or, in the case of a lake, comprised in any lakeshore accretion from the lake to which the notice relates, belongs to the State,

• (ii) in case the said requirements are complied with only as regards a particular part of the said inland waters, or a particular part of any such lakeshore accretion, or a particular part of the said inland waters and lakeshore accretion, in the land covered by the said part of the said inland waters, or comprised in the said part of the said lakeshore accretion, or in such land and so comprised, as may be appropriate, belongs to the State,

together with any interest in or over the said land or waters which is inferior to the aforesaid fee simple; provided that in case the particulars required by the notice to be furnished to the Minister are particulars of interests other than rights of fishing, the terms of the declaration shall be framed so as not to include rights of fishing.

• (4) A declaration made under this section shall operate as regards the land to which it relates in accordance with its terms and shall be conclusive evidence of the matters declared and shall not be questioned in any legal proceedings.

• (5) Where the Minister makes a declaration under this section and a person subsequently proves that but for the making of the declaration he would have an interest (whether vested or contingent) in or over the land or lake or other inland waters to which the declaration relates, the person shall be entitled to be paid compensation by the Minister in respect of the interest.

• (6) A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919 in like manner in all respects as if such claim arose in relation to compulsory acquisition of land.

• (7) Nothing in this section shall restrict, prejudice or affect the functions of sanitary authorities or the Minister for Local Government under the Local Government (Sanitary Services) Acts, 1878 to 1964, or the Water Supplies Act, 1942.

58. Right to hunt on or over territorial seas of State vested in State.

58.—(1) It is hereby declared that the right to hunt fauna in or over the portion of the sea which is the F195[territorial sea of the State] belongs to the State.

• (2) It shall not be lawful for a person without the permission of the Minister, to hunt fauna on, in or over any part of the portion of the sea mentioned in subsection (1) of this section.

• F196[(3) Any person who contravenes subsection (2) of this section shall—

• (a) commit a trespass, and

• (b) be guilty of an offence.]

• F197[(4) Nothing in paragraph (a) of subsection (3) of this section shall operate to prejudice any legal proceedings which may be instituted apart from that paragraph and a person who contravenes subsection (2) of this section may, if the Minister thinks fit, be sued by the Minister for trespass in any court of competent jurisdiction and for the purpose of giving jurisdiction under this Act the trespass shall be deemed to have been committed where the person complained against may be.]

59. Regulations permitting and regulating public access to certain land.

59.—(1) Subject to subsections (3), (4) and (7) of this section, the Minister may make regulations permitting the public generally or any particular class or section of the public or the members of any body of persons which is of a particular class or description or the members of a particular body of persons, to have access to and use in accordance with the regulations—

• (a) foreshore which is the property of the State,

• (b) land (in this section subsequently referred to as a refuge) to which a designation order applies,

• (c) any land (including land covered by inland waters) to which an establishment order applies and which is land owned by the State F198[whether or not the Minister has a joint or several interest in such land] (which land is so referred to as a State land nature reserve),

• F199[(cc) any other land held by the Minister for the purposes of the Wildlife Acts, 1976 and 2000,]

• (d) land other than foreshore mentioned in paragraph (a) of this subsection, which forms the seabed under part of the F200[territorial sea of the State] and to which an establishment order applies (which land is so referred to as a seabed nature reserve).

• (2) Regulations under this section may apply to all foreshore which is the property of the State, every refuge, State land nature reserve and seabed nature reserve, or to any such foreshore or any refuge, State land nature reserve or seabed nature reserve which is of a particular class or description, or to particular such foreshore or a particular refuge, State land nature reserve or F201[seabed nature reserve, or to all or any other land held by the Minister for the purposes of the Wildlife Acts, 1976 and 2000.]

• F203[(3) Regulations under this section which apply to foreshore shall regulate access to or use of such foreshore to such extent as the Minister considers necessary for the conservation of wildlife or of a wildlife habitat or of geological or geomorphological features, as the case may be, and shall be made—

• (a) after consultation with the Commissioners,

• (b) with the consent of the Minister for Public Expenditure and Reform, and

• (c) where the regulations relate to foreshore in relation to which functions are vested in a Minister of the Government, other than the Minister, with the consent of that other Minister of the Government.]

• (4) Regulations under this section which apply to a refuge shall regulate access to or use of the refuge to such extent as is necessary to enable the relevant designation order to have full effect.

• (5)
• (a) Subject to subsection (7) of this section and paragraph (b) of this subsection, the Minister may by regulations permit and regulate access to and use by the public generally of land to which either a recognition order applies or an agreement under section 18 of this Act relates.

• (b) Regulations shall be made by the Minister under this subsection only on the request and with the agreement of—

• (i) in case the regulations relate to land to which a recognition order applies, the owner of such land,

• (ii) in case the regulations relate to land to which an agreement under the said section 18 relates, all the parties to the agreement (other than the Minister, where the Minister is such a party).

• (6) Subject to subsection (7) of this section, the Minister may, at the request and with the agreement of a board established pursuant to section 14 of this Act, by regulations permit and regulate the access to and use by the public generally of any land held by that board.

• (7) Regulations made—

• (a) under subsection (5) or subsection (6) of this section,

• (b) under subsection (1) of this section which regulate access to foreshore or to a refuge (not being a refuge held by the Minister) to which, immediately before the commencement of this section, the public generally had access,

shall be made by the Minister only after consultation with any planning authority any part of whose area the relevant foreshore adjoins or within whose area the relevant land, or any part thereof, is situate.

• (8)
• (a) Regulations under this section which have effect in relation to land held by the State shall, if the State ceases to hold the land to which they apply, thereupon cease to have effect in relation to the land.

• (b) Regulations under this section which have effect in relation to land to which a designation order or a recognition order, as the case may be, for the time being applies shall, if the order is revoked, thereupon cease to have effect in relation to the land.

• (c) Regulations made pursuant to subsection (6) of this section shall cease to have effect if and when the board at whose request they were made is dissolved or if it otherwise ceases to hold the land in respect of which the regulations were made.

• (9) Where the Minister makes regulations under this section, he shall, as soon as may be after such making, cause a copy of the regulations to be sent to the Board and to any planning authority—

• (a) in case the regulations affect foreshore, any part of whose area that foreshore adjoins,

• (b) in any other case, within whose area the refuge or other land concerned, or any part thereof, is situate.

• (10) Where the Minister decides to permit, whether by means of bye-laws, rules, regulations or otherwise, the public generally to have access, subject to specified conditions, for educational or leisure purposes to land held by the Minister, he shall, as soon as may be, give to the Board and to any planning authority in whose area the land or any part thereof, is situate particulars of his decision and in case the Minister varies or revokes such a decision he shall likewise inform the Board and such planning authority of the variation or revocation.

• (11) In case the Minister permits, subject to specified conditions and whether by means of bye-laws, rules, regulations or otherwise, access for educational or leisure purposes to land held by him, any person who fails to comply, whether by act or omission, with any such condition shall be guilty of an offence.

60. Creation of rights of way.

60.—F204[…]

61. Extinguishment of easements.

61.—F205[…]

PART V Amendment of Enactments

62. Amendment of section 3 of Firearms Act, 1925.

62.—Section 3 of the Firearms Act, 1925, is hereby amended by—

• (a) the addition to subsection (1) of the following :

“but before granting the certificate the Superintendent shall require the person to state in writing whether or not, if the certificate is granted, he intends to use the firearm to which the application relates to kill exempted wild mammals within the meaning of the Wildlife Act, 1976, (other than hares) and in case the person indicates that he intends so to use the firearm, the certificate shall be granted only on the production by the applicant of a current licence granted to him by the Minister for Lands pursuant to section 29 (1) of that Act.”; and

• (b) the addition to subsection (2) of—