WILDLIFE ACT, 1976

“but before granting the certificate the Minister shall require the person applying for the certificate 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, or protected wild birds within such meaning and to which an order under section 24 of that Act for the time being applies, and in case the person indicates that he so intends to use that firearm, the Minister shall grant the certificate only on production by the applicant of a current licence granted to him by the Minister for Lands pursuant to section 29 (2) of that Act.”.

63. Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946.

63.—(1) F206[…]

• (2) F206[…]

• (3) F206[…]

• (4) F206[…]

• (5) Section 58 of the Act of 1946 is hereby amended as follows:

• (a) subsection (1) shall have effect as if the words “rabbits or”, wherever they occur, were deleted, and

• (b) the following is hereby substituted for subsection (3):

• “(3) Each of the following shall be vermin for the purposes of this section—

  • (a) any wild bird which is not a protected wild bird within the meaning of the Wildlife Act, 1976,

  • (b) any wild animal (other than a bird) which is not a protected wild animal within the meaning of that Act.”

64. Amendment of First Schedule to State Property Act, 1954.

64.—The First Schedule to the State Property Act, 1954, is hereby amended by the substitution in paragraph 1 of “the Forestry Act, 1946, or under the Wildlife Act, 1976” for “the Forestry Act, 1946 (No. 13 of 1946)” and the said paragraph 1, as so amended, is set out in the following Table :

TABLE

65. Amendment of Firearms Act, 1964.

65.—(1) The Firearms Act, 1964, is hereby amended by—

• (a) the substitution of “protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976,” for “game” both in section 3 (1) and section 12 (1),

• (b) the addition to section 3 (2) of “, but an order under this subsection shall not extend for more than a month a period mentioned in subsection (1) of this section”, and

• (c) the substitution both in subsection (3) and in subsection (4) (a) of section 3 of “such protected wild animals or wild birds” for “game”.

• (2) Sections 3 (1), 3 (2), 3 (3), 3 (4) (a) and 12 (1) of the Firearms Act, 1964, as amended by subsection (1) of this section, are set out in paragraphs 1, 2, 3, 4 and 5, respectively, of the Table to this section.

TABLE

1.—(1) The Minister may, on its being represented to him by the Minister for Lands that it is necessary to do so in the interests of the preservation of protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976, make an order prohibiting the use or carriage of firearms or of firearms of such class or classes as may be specified in the order in a public place or on any lands either throughout the State or in such area or areas as may be specified in the order during such period, not exceeding one month, as may be specified in the order.

2.—(2) The Minister may by order, made after consultation with the Minister for Lands, amend or revoke an order under this section, including an order under this subsection, but an order under this subsection shall not extend for more than a month a period mentioned in subsection (1) of this section.

3.—(3) An order under this section shall not apply in relation to the use or carriage of firearms by members of the Defence Forces or the Garda Síochána or to the use or carriage of a firearm by a person to whom the Superintendent of any district has granted a permit which is in force to use and carry a firearm for a purpose (other than the shooting of such protected wild animals or wild birds) specified in the permit in that district during a period specified in the permit, if the firearm is being used and carried in accordance with the terms of the permit.

4.—(4) (a) Whenever an order under subsection (1) of this section is in force in relation to any district, the Superintendent of that district may, in his absolute discretion, grant to any person a permit to use and carry in that district for a purpose (other than the shooting of such protected wild animals or wild birds) specified in the permit during a period specified in the permit a firearm to the use or carriage of which the order applies.

5.—(1) Where the firearm described in a firearm certificate is a shotgun, the certificate may be expressed, and in such case shall operate, to authorise the use of the gun only for killing animals or birds other than protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976, by the person to whom the certificate is granted either (as may be expressed in the certificate)—

• (a) on land occupied by him, or

• (b) on land occupied by another person.

66. Amendment of section 69 of Registration of Title Act, 1964.

66.—Section 69 of the Registration of Title Act, 1964, is hereby amended by the insertion in subsection (1) of the following paragraph after paragraph (r):

• “(rr) an agreement under section 18 of the Wildlife Act, 1976, which provides that it shall be enforceable against persons deriving title to the relevant land under a party to the agreement;”.

67. Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

67.—Part V of the Protection of Animals (Amendment) Act, 1965, shall be deemed to apply neither to protected wild birds nor to protected wild animals.

PART VI Miscellaneous

68. Inspection of land.

68.—F207[…]

69. Attempts etc. and miscellaneous other offences.

69.—(1) A person who attempts to commit an offence under this Act, or who aids, abets, counsels or procures the commission of an offence under this Act, or who solicits or incites any other person to commit an offence under this Act shall be guilty of an offence.

• (2) Any person who, whether by act or omission, contravenes or fails to comply with regulations under this Act shall be guilty of an offence.

• (3)
• (a) A person who refuses or who fails to give his correct name and address on a demand therefor being duly made pursuant to section 72 or 73 of this Act shall be guilty of an offence.

• (b) Any person who without reasonable excuse fails to comply with a requirement made by a member of the Garda Síochána or by an authorised person under section 72 or 73 of this Act or who by act or omission impedes or obstructs such a member or person in the lawful exercise of a power conferred by this Act shall be guilty of an offence and if, in the case of a continuing offence, the impediment or obstruction is continued after conviction, he shall be guilty of a further offence.

• F208[(c) Any person who assaults an authorised person in the exercise of any power conferred on him or her by this Act shall be guilty of an offence.]

• (4) A person who, in purported compliance with any obligation to give information to which he is subject by virtue of this Act, gives any information which he knows to be false in a material particular or recklessly gives information which is so false shall be guilty of an offence.

• (5) Any person who conceals from a person lawfully exercising a power under section 72 or 73 of this Act F209[any specimen of flora, fauna, fossils or minerals] or any F209[part, product or derivative] of such specimen or any thing which is a thing mentioned in F210[section 72(7) or 73(1)] of this Act shall be guilty of an offence.

• (6) Any person who contravenes a condition attached to a licence F211[or permission] granted by the Minister under this Act shall be guilty of an offence.

• (7) Any person who, for the purpose of obtaining, whether for himself or another, the grant or renewal of a licence or permission under this Act—

• (a) makes any statement or gives information which he knows to be false in a material particular or recklessly gives information which is so false, or

• (b) produces or otherwise makes use of any book, record or other document which to his knowledge contains any statement or information which he knows to be false in a material particular,

shall be guilty of an offence.

• F212[(7A) Where any person uses or allows or causes to be used a vessel, aircraft or mechanically propelled vehicle as an aid to the commission of an offence under the provisions of the Wildlife Acts, 1976 and 2000, or of any instrument made under those Acts, that person shall be guilty of an offence.]

• F213[(7B) A statement or admission made by a person pursuant to a requirement to give information under section 72 or 73 shall not be admissible as evidence in proceedings against the person for an offence (other than an offence under subsection (3)).]

70. Prosecution of offences.

70.—(1) Summary proceedings for any offence under this Act may be prosecuted by the Minister.

• (2) Subject to section 44 (4) of this Act, summary proceedings for any offence under this Act may be prosecuted by a person who is neither the Minister nor a member of the Garda Síochána with the consent of the Minister or an officer of the Minister, F214[…], nominated by the Minister for the purpose.

• (3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for any offence under this Act may be instituted at any time within one year after the date of the offence.

• F215[(4) Nothing in this section shall prevent the prosecution under the Customs Acts for offences committed under the said Acts in respect of a contravention of section 53A of this Act.]

71. Onus of proof.

71.—In any proceedings for an offence under this Act, it shall not be necessary to—

• (a) negative by evidence the existence of any order under section 24 or 25 of this Act or any licence or permission under this or any other Act,

• (b) prove that any act which is the subject of the proceedings was not caused by or the result or effect of, or was not consequent upon any other thing lawfully done,

and the onus of proving such licence or permission or that such act was so caused or was such a result or effect or was so consequent upon shall be on, in the case of such a licence or permission, the person seeking to avail himself thereof, or in any other case, the person against whom the proceedings are instituted.

72. Powers of Garda Síochána and authorised persons.

72.—F216[(1) (a) The Minister may appoint in writing, and for such of the purposes of either or both this Act and the CITES Regulations as the Minister shall specify, a person to be an authorised person for the purposes so specified.

• (b) In appointing a person to be an authorised person for specified purposes, the Minister may attach limitations to the exercise of functions by the authorised person by reference to all or any of the following, that is to say:

• (i) the nature of the functions which such person may exercise or perform, and

• (ii) the time, place and circumstances in which such person may exercise or perform such functions.

• (c) Where a person has been appointed to be an authorised person under this subsection, the person shall hold office until—

• (i) the appointment is terminated by the Minister, or

• (ii) a written resignation signed by the person is received by the Minister.

• (d) The Minister may terminate the appointment of an authorised person appointed under subsection (1) of this section by giving one month’s notice, in writing, to the person.

• F217[(2) A member of the Garda Síochána or an authorised person who has reasonable grounds for suspecting that a person has committed an offence under the Wildlife Acts 1976 to 2018 may, at all reasonable times—

• (a) stop and search the person,

• (b) require the person to give his or her name and address and, if requested, to verify the information given,

• (c) require the person to give such information and assistance as the member or authorised person, as the case may be, considers necessary for the purposes of exercising his or her functions under the Wildlife Acts 1976 to 2018, and

• (d) require the person to declare whether he or she has in his or her possession and, if such member or authorised person, as the case may be, considers it necessary, to produce on demand for examination—

• (i) any specimen of fauna, flora, fossils or minerals or any part, product or derivative of any such specimen,

• (ii) any licence or permission granted by the Minister under the Wildlife Acts 1976 to 2018 (including any certificate deemed, pursuant to subsection (5) or (5A) of section 29, to be a licence so granted),

• (iii) in the case of a person who is resident in a Member State (other than the State), F218[a European Firearms Pass within the meaning of Article 1(3) of Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021¹ on control of the acquisition and possession of weapons (codification)¹ issued to him or her by the competent authority of that Member State, or any other permit, licence, authorisation or other document to hold a firearm duly issued by a competent authority of such a Member State,

• (iv) any permit or certificate issued for the purposes of the CITES Regulations together with any supporting documents in the person’s possession and any permit or certificate to which Article 11 of Council Regulation (EC) No. 338/97 of 9 December 1996² relates, or

• (v) any thing which is mentioned in subsection (7) which is in the person’s possession,

and such member or authorised person may seize and retain any specimen or part, product or derivative of a specimen or any thing so produced which appears to him or her to be something which might be required as evidence in proceedings for an offence under the Wildlife Acts 1976 to 2018.]]

• F217[(2A) A member of the Garda Síochána or an authorised person may, if such member or authorised person has reasonable grounds for suspecting from the activity of any person (in this subsection referred to as the "suspected person") that an offence under any provision of the Wildlife Acts 1976 to 2018 is being, or has been, committed, in the presence of such member or person, by the suspected person and that person has, or had at the time of being so suspected, in his or her possession, or under his or her control, any thing which is mentioned in subsection (7) or any other thing capable of being used to commit an offence, then such member or authorised person may, without prejudice to any other function exercisable by such member or person—

• (a) require the suspected person—

• (i) to desist from continuing or recommencing that activity,

• (ii) to give to the member or authorised person, as the case may be, his or her name and address and, if requested, to verify the information given, and

• (iii) to give to the member or authorised person, as the case may be, such information and assistance as the member or authorised person considers necessary for the purposes of exercising his or her functions under the Wildlife Acts 1976 to 2018,

and

• (b) arrest without warrant or cause any other person acting under direction of such member or authorised person to arrest without warrant or to assist in arresting the suspected person if that person—

• (i) continues or recommences that activity,

• (ii) fails to give his or her name or address or any information or assistance requested or required, or

• (iii) gives a name or address or information which the member or authorised person has reasonable grounds to suspect is false or misleading,

and where the suspected person has been so arrested by an authorised person, the authorised person shall, as soon as is practicable in the circumstances, deliver the suspected person into the custody of a member of the Garda Síochána to be dealt with according to law.]

• F217[(3) A member of the Garda Síochána or an authorised person may, if he or she has reasonable grounds for suspecting that a person is committing or has committed an offence under any provision of the Wildlife Acts 1976 to 2018, at all reasonable times enter any land (other than a dwelling save with the consent of its occupier) to which the suspicion relates and may also, whether on that land or otherwise—

• (a) search any vehicle, vessel or aircraft or any mechanically-propelled vehicle (within the meaning of the Road Traffic Act 1961) used or suspected of being used to transport, export or import any specimen of fauna, flora, fossils or minerals or any part, product or derivative of any such specimen contrary to any provision of the Wildlife Acts 1976 to 2018, and such member or authorised person, for the purpose of carrying out the search, may, if he or she thinks fit, require the person who for the time being is in control of the vehicle, vessel or aircraft or mechanically propelled vehicle to bring it to a stop or refrain from moving it,

• (b) open and examine any package, parcel, box or other container which he or she reasonably suspects is being so used,

• (c) require the person who is for the time being in control of a vehicle, vessel, aircraft or any mechanically propelled vehicle mentioned in paragraph (a) or any other person found thereon or therein to—

• (i) give his or her name and address,

• (ii) give such information and assistance as the member or authorised person, as the case may be, considers necessary for the purposes of exercising his or her functions under this Act, and

• (iii) produce for examination any book, record or other document which relates to any specimen of fauna or flora and which is in the person’s possession or under his or her control and, if known to the person, the name and address of the owner of any specimen of fauna or flora or any part or product of fauna or flora found in the course of the search,

• (d) inspect and, if he or she thinks fit, take copies of any entry in any book, record or other document produced pursuant to a requirement made under this subsection,

• (e) if—

• (i) such member or authorised person has reasonable grounds for suspecting that any offence has been or is being committed under the Wildlife Acts 1976 to 2018 with or in relation to anything found in the course of the search,

• (ii) he or she reasonably suspects that any vehicle, vessel, aircraft or mechanically propelled vehicle has been or is being used in committing an offence under the Wildlife Acts 1976 to 2018 and it appears to him or her that it might be required in evidence in proceedings for an offence under those Acts, or

• (iii) a document so found is a record or other document which the member or person has reason to believe might be required as evidence in proceedings for an offence under the Wildlife Acts 1976 to 2018,

the member or authorised person may seize and detain it and anything else so found which appears to him or her to be something which might be required as evidence in proceedings for an offence under the Wildlife Acts 1976 to 2018, and

• (f) require, if considered necessary in order to determine the identity or ancestry of any specimen of fauna, the taking from that specimen of a sample of blood or tissue but only if—

• (i) the sample is taken by a veterinary practitioner registered under Part 4 of the Veterinary Practice Act 2005, and

• (ii) in the opinion of the veterinary practitioner the taking of such a sample will not cause lasting harm to the specimen.]

• (4)
• (a) A member of the Garda Síochána or an authorised person may at any time for the purpose of exercising the powers conferred on him by subsection (2) and paragraph (a) of subsection (3) of this section enter on any land.

• (b) Paragraph (a) of this subsection shall not be construed as enabling a member of the Garda Síochána or an authorised person to enter F219[any dwelling].

• (5) Every person authorised by the Minister under subsection (1) of this section shall be furnished with a certificate of his authorisation and when exercising a power under this Act shall, if requested by any person thereby affected, produce such certificate for inspection by the person.

• (6) Nothing in this section shall operate to prejudice any power to search or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.

• F220[(7) The things referred to in subsections (2) and (2A) of this section are—

• (a) a dog or a bird or other animal suspected of being capable of use—

• (i) to hunt, pen, retrieve or otherwise be involved in the capture of fauna, or

• (ii) to find or assist in the finding of flora,

• (b) a firearm, trap, snare, net, line, hook, arrow, dart or spear, or a similar device, instrument or missile calculated or likely to cause death or bodily injury to or causes to be captured alive, any wild bird or wild animal coming in contact with it,

• (c) birdlime or any substance of a like nature,

• (d) poisonous, poisoned or stupefying bait, tracer shot or a gun or explosive mentioned in section 33(2) of this Act, or any containers of gas or smoke or chemical wetting agents mentioned in section 34(1) of this Act,

• (e) a decoy or electrical or other instrument, device or appliance mentioned in section 35(1) or 38 of this Act, and

• (f) any type of material or form of equipment used for geological or geomorphological purposes.]

73. Search warrants.

73.—F221[(1) If a Judge of the District Court is satisfied by information on oath of an authorised person or a member of the Garda Síochána that there are reasonable grounds for suspecting that a person is in possession on any premises or other land of any specimen of fauna, flora, fossils or minerals or any part, product or derivative of any such specimen or anything mentioned in section 72(7) of this Act or anything liable or believed to be liable to forfeiture under this Act and that as regards the specimen, part, product, derivative or thing an offence under this Act has been or is being committed, the Judge may issue a search warrant under this section.]

• (2) Subject to subsection (3) of this section, a warrant issued under this section shall be expressed and shall operate to authorise—

• (a) in case the relevant information is sworn by a member of the Garda Síochána, a member of the Garda Síochána named in the warrant, accompanied by such other members of the Garda Síochána or such authorised persons as may be reasonably necessary,

• (b) in case the relevant information is sworn by an authorised person, an authorised person named in the warrant, accompanied by such other persons as may be reasonably necessary,

at any reasonable time or times within seven days of the issue of the warrant to—

• (i) enter and search, if need be by force, the premises or other land named in the warrant,

• (ii) require any person found on such premises or other land to furnish to him his name and address,

• F222[(iia) require a person referred to in paragraph (ii) to give such information and assistance as he or she considers necessary for the purposes of exercising his or her functions under the Wildlife Acts 1976 to 2018,]

• (iii) require a person who is in occupation or is in control or is concerned in the management of the premises or other land to furnish to him his name and address and to produce,

• (A) any thing mentioned in subsection (1) of this section,

• (B) any books, records or other documents which relate to any thing so mentioned and which are in any such person's possession or under his control,

and if known to such person, to furnish to him the name and address of the owner of any thing so produced,

• (iv) inspect and, if he thinks fit, take copies of any entry in any book, record or other document produced in pursuance of a requirement made pursuant to the warrant,

and if the member or authorised person so named has reasonable grounds for suspecting that either,

• (A) an offence has been or is being committed under this Act with or in relation to anything found in the course of the search, or

• (B) a document so found is a record or other document which the member or authorised person has reason to believe may be required as evidence in proceedings for an offence under this Act,

the member or authorised person may seize and detain that thing or document and anything else so found which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

• (3) The powers conferred on an authorised person by a warrant issued under this section shall be exercisable by the person as regards a dwelling only if, and only for so long as, he is accompanied by a member of the Garda Síochána.

74. F223[Penalties.

74.—(1) Where a person commits an offence under the Wildlife Acts 1976 to 2018, not being an offence mentioned in subsection (2), (3) or (4), such person is liable on summary conviction to a class A fine.

• (2) Where a person commits an offence under section 28, 33, 34 or 38 (not being an offence to which subsection (3) applies) such person is liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

• (b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or to both.

• (3) Where a person commits an offence under Part II (other than under section 28, 33, 34 or 38) or under section 45, 47, 51, 52, 53A or 58(3)(b) in relation to—

• (a) any specimen of a species of fauna specified in the Fourth Schedule,

• (b) any specimen of a species listed in annexes to the CITES Regulations, or

• (c) any specimen of a species of flora or fauna which is of a species for the time being declared by regulations under this section to be a species to which this subsection relates,

such person is liable—

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

• (ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or to both.

• (4) Where a person commits an offence under section 19(9), 21(4)(a) or 36(11) of the Wildlife (Amendment) Act 2000, such person is liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €100,000.

• (5) Where a person commits an offence under section 69(3)(c) such person is liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

• (6) Where the Minister is satisfied that a particular species of fauna or flora is in danger of extinction or requires special protection because of a threat to its existence throughout the State or in any specified area of the State, the Minister may by regulations declare—

• (a) the species, or

• (b) the species in any specified area,

to be one to which subsection (3) relates.]

74A. F224[Fixed payment notice

74A.—(1) Where a member of the Garda Síochána or an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under the Wildlife Acts 1976 to 2018 (referred to in section 74(1)) and declared to be a fixed payment offence, he or she may serve the person with a notice, in the prescribed form stating that—

• (a) the person is alleged to have committed the offence specified in the notice,

• (b) the person may, during the period of 21 days beginning on the date of the notice, make to the Minister, at the address specified in the notice a payment of the prescribed amount (being not more than €500) accompanied by the notice, duly completed, and

• (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if a payment specified in the notice, accompanied by the notice, duly completed, is made during that period, no prosecution in respect of that alleged offence will be instituted.

• (2) Where notice is given under subsection (1)—

• (a) a person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice, the payment specified in the notice, accompanied by the notice, duly completed,

• (b) the Minister may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made, accompanied by the notice, duly completed, during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) The Minister may by order declare offences, referred to in section 74(1), under the Wildlife Acts 1976 to 2018 to be fixed payment offences for the purposes of this section.

• (4) The Minister may make regulations prescribing any matter or thing which is referred to in this section as prescribed or to be prescribed and in prescribing the amount to accompany the payment of a notice under this section may prescribe different amounts in relation to different fixed payment offences.

• (5) In a prosecution for an offence referred to in subsection (1) the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.]

75. Power of court to revoke certain certificates and licences and to impose certain disqualifications.

75.—(1) Where a person who holds—

• (a) a firearm certificate which by virtue of F225[subsection (5) or (5A) of section 29] of this Act is deemed to be a licence granted under that section, or

• (b) a firearm certificate granted on the production of a current licence granted by the Minister to the person under section 29 of this Act,

is convicted of an offence under Part II of this Act, the court by which the person in convicted may revoke the certificate mentioned in paragraph (a) of this subsection or the licence mentioned in paragraph (b) of this subsection, as may be appropriate, and disqualify the person from holding such a certificate or licence and such revocation and disqualification shall be for such period as the court thinks appropriate and shall be in addition to any other punishment imposed by the court in respect of the offence.

• (2) Where pursuant to subsection (1) of this section a court revokes a firearm certificate mentioned in paragraph (a) of that subsection, section 6 of the Firearms Act, 1925 (inserted by section 8 of the Firearms Act, 1964), shall apply as if the certificate had been revoked under section 5 of that Act; provided that in case the firearm described in such certificate is a shotgun, the Superintendent of the Garda Síochána of the district in which the holder of the certificate resides may, within three months of the revocation, if he thinks fit, grant under section 12 of the Firearms Act, 1964, to such holder in respect of such shotgun a limited certificate within the meaning of the said section 12.

• (3) Where a court revokes a certificate or licence and imposes a disqualification 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.

76. Forfeiture.

76.—F227[(1) (a) Where any specimen of fauna, flora, fossils or minerals or any part, product or derivative of such a specimen or any firearm, trap, snare, net or any mechanically-propelled vehicle or any vessel or aircraft or other thing has come into the possession of a member of the Garda Síochána or an authorised person in respect of which, or with which, or by means of which, an offence is with reasonable cause suspected by the member or authorised person of having been committed under the Wildlife Acts, 1976 and 2000, or where an offence has been committed or is alleged to have been committed under those Acts, and on the application before a court of—

• (i) the Minister, or

• (ii) where criminal proceedings have been instituted, the person who instituted those proceedings,

then, subject to subsections (2), (3) and (4) of this section, the appropriate court may, at its discretion and where it is satisfied that an offence has been committed (whether or not any person has been convicted of the offence) order the forfeiture of the thing concerned.

• (b) In this subsection—

"appropriate court" means—

• (i) in case the estimated value of the thing to be forfeited does not exceed F228[€15,000], the District Court,

• (ii) in case the estimated value of the thing to be forfeited does not exceed F229[€75,000], the Circuit Court,

• (iii) in any case, the High Court;

"estimated value", in relation to the thing sought to be forfeited, means the estimated amount of money which, in the opinion of the court, a willing purchaser would pay to a willing seller when such a thing could be sold legally and after deduction for—

• (i) the estimated costs incidental to such a sale, and

• (ii) the estimated amount of any tax or duty owing to the State in respect of that thing,

and when it cannot be sold legally then such estimated value, if any, as the court considers appropriate.

• (c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that—

• (I) the estimated value of the thing to be forfeited exceeds F228[€15,000], or

• (II) that for any reason it should decline jurisdiction,

it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated value aforesaid or to such other matters that it considers appropriate.

• (ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that—

• (I) the estimated value of the thing to be forfeited exceeds F229[€75,000], or

• (II) that for any reason it should decline jurisdiction,

it may, if it so thinks fit, by order transfer the application to the High Court.

• (d) An application under this section shall be brought in a summary manner.

• (e) (i) An order shall not be made by a court under this section unless the court is satisfied that in the circumstances all practicable steps have been taken to notify any person of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application.

• (ii) The court concerned may make such order as to the costs of the parties to, or heard by the court in, the proceedings relating to an application for an order under this section as it considers appropriate.]

• (2) A court shall not order anything to be forfeited under this section if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

• (3) Where a court makes an order under this section in relation to a firearm and the person convicted of the offence under this Act which caused the order to be made is the owner of the firearm, the firearm shall be disposed of, either by sale or otherwise, in such manner as the Commissioner of the Garda Síochána authorises.

• F230[(4) Where an order is made under this section in relation to a thing other than a firearm to which subsection (3) of this section applies, such thing shall, as the court shall direct, either be returned to the person appearing to the court to be the owner or sold or disposed of in such other manner as the court thinks fit.]

• (5) Where a firearm F231[or mechanically-propelled vehicle or vessel or aircraft] or other thing is sold pursuant to this section, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

77. Appeal against seizures.

77.—Any person who is aggrieved by a seizure and detention under this ActF232[, including any seizure or detention to which the CITES Regulations relate] may appeal to a F233[Judge] of the District Court and in determining the appeal the F233[Judge] may—

• (a) if he is satisfied that the document or other thing was properly seized, confirm the seizure and detention, and

• (b) if he is not so satisfied, order the person who made the seizure to return to the person the document or other thing seized and order the Minister to pay to the person such compensation (if any), costs (if any) and expenses (if any) as he considers reasonable having regard to any loss, costs and expenses incurred by the person by reason of the seizure and detention.

78. Disposal of things seized.

78.—(1) A person who, in accordance with this Act, has seized any document or other thing shall not dispose of it—

• (a) without the consent in writing of the owner or the person in apparent charge or control of it, or

• (b) in the case of any thing other than a document, unless a direction is given pursuant to this section by F234[a Judge of the District Court] for its disposal.

• F235[(2) A person who under this Act has seized any thing may, subject to such person giving notice in writing to—

• (a) the owner, or

• (b) the person who, when the seizure was made, was in apparent charge or control of it,

where such owner or person is known to the person who so seized that thing or whose identity and the address at which such owner or person resides can be ascertained by reasonable inquiries of the intention to do so, apply to a Judge of the District Court for a direction that the thing be disposed of (by destruction or otherwise) in a manner specified in the direction.]

• (3) F236[A Judge of the District Court] to whom an application in that behalf is duly made under this section shall, if he is satisfied that any thing in respect of which the application is made is likely, before it can be used as evidence in proceedings for an offence under this Act, to become unfit for human consumption, or if he is satisfied for any other reason that the thing ought not to be further detained, give a direction under this section authorising its disposal (by destruction or otherwise).

• F237[(3A) Where any thing has been seized under this Act is, in the opinion of any person entitled to seize it, of a perishable nature, then the thing seized may be sold or otherwise destroyed as appropriate and where it is sold the person causing it to be sold shall out of the proceeds of such sale defray all expenses incurred in the seizure, removal, storage and sale of it and, except where a court has otherwise decided in relation to the thing so sold or court proceedings relating to the thing so sold have been instituted but not concluded, shall pay the surplus of such proceeds to the person who at the time of the seizure was the owner of it.]

• (4) Where a direction is given under this section, the person who applied for the direction shall, as soon as may be, give notice of the making of the direction to the person to whom notice was given pursuant to subsection (2) of this section.

• (5) F238[…]

• (6) F238[…]

• (7) F238[…]

• (8) Moneys payable pursuant to a disposal under this section shall be paid to the Minister.

First Schedule Enactments Repealed

Section 10.

Session and Chapter or Number and Year	Short Title	Extent of Repeal
10 Will. 3, c. 8	Deer Protection Act, 1698.	The whole Act.
27 Geo. 3, c. 35	Game Act, 1787.	The whole Act.
7 Geo. 4, c. 9	Night Poaching Act, 1826.	The whole Act.
25 & 26 Vict., c. 114	Poaching Prevention Act, 1862.	The whole Act.
No. 11 of 1930	Game Preservation Act, 1930.	The whole Act.
No. 16 of 1930	Wild Birds Protection Act, 1930.	The whole Act.
No. 13 of 1946	Forestry Act, 1946.	Section 61.
No. 10 of 1965	Protection of Animals (Amendment) Act, 1965.	Section 8.

Second Schedule Provisions which may be included in an order under Section 14

Section 14.

• (2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.

• (2) The Board shall keep a profit and loss account and a balance sheet.

• (3) The Board shall keep such special accounts (if any) as the Minister, with the consent of the Minister for Finance, may from time to time direct.

• (4) All accounts kept pursuant to this Article shall be submitted by the Board to the Comptroller and Auditor General for audit.

• (5) Immediately after their audit, a copy of the accounts (including any special accounts) kept by the Board pursuant to this Article, a copy of the balance sheet (if any) and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

• (2) The officers and servants so appointed shall hold office on such terms and receive such remuneration as the Minister for the Public Service determines.

• (2) The Minister may fix the date, time and place of the first meeting of the Board.

• (2) A scheme under this Article may provide that the termination of the appointment of the chairman or of an ordinary member of the Board during that person's term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.

• (3) The Minister may, with the approval of the Minister for the Public Service, amend a scheme made by him under this Article.

• (4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this Article, such dispute shall be submitted to the Minister who shall refer it to the Minister for the Public Service, whose decision thereon shall be final.

• (5) Every scheme made by the Minister under this Article shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (6) Where an established civil servant is definitively transferred to the Board as a member thereof, the superannuation benefits to be granted to him shall, if the Minister for the Public Service in his discretion so directs, be calculated in accordance with the provisions of the Superannuation Acts, 1834 to 1963, as if, during the period of his service as a wholetime member of the Board subsequent to his transfer, he had been an established civil servant and had been paid during that period out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859.

• (2) The Board shall not accept a gift if the conditions attached by the donor to the acceptance are inconsistent with the functions of the Board.

• (3) Any funds of the Board, being a gift or the proceeds of a gift to it, may, subject to any terms or conditions of the gift, be invested by the Board in any manner in which a trustee is empowered by law to invest trust funds.

Third Schedule Species of wild birds excluded (subject to Section 22 (2)) from Sections 19 and 22

Sections 19, 22, 31 and 35.

Bullfinch

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

F239[…]

Fourth Schedule Fauna referred to in Section 22 (6) or 23 (8)

Sections 22 and 23.

PART I Species of protected wild birds referred to in Section 22 (6)

Buzzards

Eagles

Falcons

Harriers

Hawks

Kites

Osprey

Owls

PART II Species of protected wild animals referred to in Section 23 (8)

Pine Marten

Red Deer

Seals

Whales

Fifth Schedule Animals referred to in Section 23

Section 23.

Land Mammals

Badger

Bat species

Deer species

Hare species

Hedgehog

Otter

Pine Marten

Red Squirrel

Marine Mammals

Dolphin species

Porpoise species

Seal species

Whale species

Amphibians

Natterjack Toad

Footnotes