Wildlife (Amendment) Act 2000

PART I Preliminary and General

1. Short title, collective citation and construction.

1.—(1) This Act may be cited as the Wildlife (Amendment) Act 2000.

(2) The Principal Act, as amended by the Regulations of 1985, and this Act (other than paragraphs (a) and (b) of section 5 and Part VII) may be cited together as the Wildlife Acts, 1976 and 2000, and shall be construed together as one.

2. Commencement.

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

3. Interpretation.

3.—(1) In this Act—

“the Arbitrator” means a person appointed under, and for the purposes referred to in, section 10;

“the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands;

“the Principal Act” means the Wildlife Act 1976;

“the Regulations of 1985” means the European Communities (Wildlife Act 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985).

(2) (a) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that a reference to some other Act is intended.

(b) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

4. Saver for orders, etc.

4.—No repeal or amendment by this Act shall be construed so as to affect the continuance, in accordance with its terms and conditions, of any order or designation, or licence granted under the Wildlife Act 1976, which was subsisting at the time of commencement of the relevant provision of this Act.

5. Repeals.

5.—The following are hereby repealed:

(a) in the Forestry Act 1946, Part III (sections 12 to 34) and section 60,

(b) the Forestry Act 1956,

(c) sections 7, 42(7), 60 and 61, subsections (1) to (4) of section 63 and section 68 of the Wildlife Act 1976.

PART II Amendment of Part I of Principal Act and of Functions of Minister

6. Amendment of section 2 (definitions) of Principal Act.

6.—(1) Section 2 of the Principal Act is hereby amended in subsection (1)—

(a) by the insertion of the following after the definition of “building operation”:

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

‘the CITES Regulations’ means, where appropriate, either or both Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein^(1), which relates to the CITES Convention, and Commission Regulation (EC) No. 939/97 of 26 May 1997 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^(2), together with any amendments to or replacements of those Regulations;”,

(b) by the insertion of the following after the definition of “the Commissioners”:

“‘communities’ means any naturally occurring group of organisms that occupy a common environment;”,

(c) by the substitution of the following for the interpretation given to “conservation”:

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

(d) by the insertion of the following after the meaning assigned to “exempted wild mammal”:

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

(e) by the substitution, in the definition of “falconry”, of “orders Accipitriformes, Falconiformes and Strigiformes” for “order Falconiformes” and the said definition, as so amended, is set out in the Table to this section,

(f) by the substitution of the following for the interpretation given to “fauna”:

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

(g) by the insertion, in the definition of “flora”, of “, aquaculture, forestry” after “agriculture” and of “conifers,” after “flowering plants,”, and the said definition, as so amended, is set out in the Table to this section,

(h) by the insertion of the following after the definition of “foreshore”:

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

(i) by the insertion of the following after the interpretation given to “functions”:

“‘geology’ includes—

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

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

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

‘habitat’ includes—

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

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

(ii) a community of organisms.

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

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

(j) in the definition of “hunt”, by the deletion of all words from “but does not in this Act include” down to “photographic or other pictures,”, and the said definition, as so amended, is set out in the Table to this section,

(k) by the insertion of the following after the definition of “hunt”:

“‘import’, where the context so admits, includes reimport and cognate words shall be construed accordingly;”,

(l) by the insertion of the following after the definition of “local authority”:

“‘mechanically-propelled vehicle’ has the same meaning as it has in the Road Traffic Act 1961;

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

(m) by the insertion of the following after the definition of “the Minister”:

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

‘natural heritage area order’ means an order made under section 18 of the Wildlife (Amendment) Act 2000;

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

(n) by the insertion of the following after the definition of “ornithology” (inserted by the Regulations of 1985):

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

(o) by the substitution of the following for the interpretation given to “species”:

“‘species’ means any species, except man, and includes subspecies and varieties, hybrids and populations thereof;”,

(p) by the insertion of the following after the definition of “the territorial seas of the State”:

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

(a) wild birds, or

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

(q) in the definition of “wild bird”, by the insertion of “eggs and” after “includes the”, and the said definition, as so amended, is set out in the Table to this section.

(2) Section 2 of the Principal Act is hereby amended by the substitution of the following for subsection (3):

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

TABLE

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

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

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

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

7. Amendment of section 8 (regulations and orders) of Principal Act.

7.—Section 8 of the Principal Act is hereby amended by the insertion of the following after subsection (1):

“(1A) The Minister may make such regulations as appear to the Minister to be necessary or expedient to implement the provisions of the Wildlife Acts, 1976 and 2000.

(1B) Any regulation made by the Minister under this Act may contain such incidental or consequential provisions as appear to the Minister to be necessary or expedient for the purpose of implementing the provisions of the Wildlife Acts, 1976 and 2000.”.

8. Licences.

8.—The Principal Act is hereby amended by the substitution of the following for section 9:

“9.—(1) The Minister may—

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

(b) vary such conditions, and

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

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

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

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

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

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

9. Amendment of section 11 (functions of Minister in relation to wildlife) of Principal Act.

9.—Section 11 of the Principal Act is hereby amended—

(a) in subsection (1), by the insertion of “and to promote the conservation of biological diversity” after “wildlife” and the said subsection (1), as so amended, is set out in the Table to this section, and

(b) by the insertion of the following after subsection (4):

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

TABLE

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

PART III Land and Waters

Chapter I

10. Arbitrator.

10.—(1) Where the Minister intends to make an order under section 12 or 13, the Minister shall appoint a person, who shall be a barrister or a solicitor of not less than 7 years standing, to be an Arbitrator for the purposes of hearing and determining the matter.

(2) In hearing and determining a matter the Arbitrator shall perform the functions assigned to him or her by section 12 or, in the case of a matter to which section 13 relates, by section 12 as applied by section 13(2).

(3) The Arbitrator shall be paid such remuneration (if any) and allowances for expenses incurred by him or her as the Minister, with the consent of the Minister for Finance, may determine.

11. Acquisition of land and rights by agreement.

11.—(1) Where the Minister considers it desirable for the purposes of the Wildlife Acts, 1976 and 2000, to acquire or take on lease any land or interest in land, the Minister may, with the consent of the Minister for Finance, purchase or take on lease or otherwise acquire such land by agreement.

(2) The Minister may with the consent of the Minister for Finance—

(a) sell or let any land vested in the Minister in connection with functions under the Wildlife Acts, 1976 and 2000, or

(b) exchange any such land for any other land, or

(c) otherwise dispose of any such land,

and such consent may be given—

(i) generally, including to a particular class or classes of transaction, for all or a class or classes of land so vested or for transactions not exceeding a particular monetary amount, or

(ii) particularly to a particular transaction or group of related transactions.

(3) (a) Notwithstanding subsection (1) and without prejudice to the generality of subsection (2), the Minister may, with the consent of the Minister for Finance, construct, alter, demolish, purchase or take on lease any buildings or other structures or carry out any development required in connection with the exercise of the Minister's functions under the Wildlife Acts, 1976 and 2000, and such consent may be given—

(i) generally, including to a particular class or classes of transaction, for all or a class or classes of land so vested or for transactions not exceeding a particular monetary amount, or

(ii) particularly to a particular transaction or group of related transactions.

(b) For the purposes of paragraph (a), the reference to buildings or other structures and to development in that paragraph includes any land reasonably required for use with the building or structure concerned or for the development concerned.

12. Creation of rights of way.

12.—(1) Where the Minister requires, in connection with any land held by the Minister, for the purposes of the Wildlife Acts, 1976 and 2000, or partly for those purposes, a right of way by a particular route over any other land, the Minister may make an order (in this section referred to as “a right of way order”) creating such a right of way.

(2) Where the Minister proposes to make an order under subsection (1), the following provisions shall apply:

(a) the Minister shall as soon as may be give notice in writing of his or her intention to make the order to the Arbitrator who shall cause to be published a notice of the Minister's intention in such newspapers and in such manner as the Arbitrator shall determine;

(b) the Minister shall give notice in writing of his or her intention to make the order to—

(i) every occupier of the land concerned,

(ii) every owner of the land concerned, and

(iii) every other person having a legal or equitable interest in the land,

where it is proposed to create the right of way;

(c) the Minister shall not make the order unless a draft thereof has been submitted to and approved of under this subsection by the Arbitrator;

(d) the Arbitrator shall not determine an application under this subsection by the Minister before the expiration of the period of 30 days beginning on the day on which the relevant notice is published pursuant to this subsection or, in case such publication is made on different days, the day of the first such publication;

(e) any one or more of the following may, within the said period of 30 days or such longer period as the Arbitrator may determine, who objects to the making of the order serve on the Minister a notice of his or her intention to make an application to the Arbitrator in relation to the proposed order, namely:

(i) every occupier of the land concerned,

(ii) every owner of the land concerned,

(iii) every other person having a legal or equitable interest in the land,

where it is proposed to create the right of way;

(f) in case a notice is served on the Minister pursuant to this section the Arbitrator shall, before deciding whether or not to approve of the proposed order, give the person by whom the notice was served an opportunity of being heard, either in person or through counsel or a solicitor;