Legalize / Ireland / Act

Wildlife (Amendment) Act 2000

Type Act

Publication 2000-12-18

Last updated 2024-06-01

State In force

Source Irish Statute Book

articles 89

Reform history JSON API

32. Exclusion of certain wild animals.

32.—The Minister may, with the prior consent of the Minister for the Marine and Natural Resources, make regulations to provide that an animal of a species of fish or aquatic invertebrate animal specified in the regulations shall be an animal to which the provisions of this Act shall not apply.

33. Amendment of section 24 (open seasons for certain protected wild birds) of Principal Act.

33.—Section 24 of the Principal Act is hereby amended in subsection (2) by the deletion of the words “by individuals” and the said subsection (2), as so amended, is set out in the Table to this section.

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(2) An order under this section may contain different provisions in relation to different areas and different species of protected wild birds, including provisions limiting the total number of any particular such species which may, during a period of days specified in the order, be killed in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

34. Amendment of section 25 (open seasons for certain wild mammals) of Principal Act.

34.—Section 25 of the Principal Act is hereby amended in subsection (2) by the deletion of the words “by individuals” and the said subsection (2), as so amended, is set out in the Table to this section.

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(2) An order under this section may contain different provisions in relation to different areas and different species of exempted wild mammals, including provisions limiting the total number of any particular species of such mammal which may, during a period of days specified in the order, be killed in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

35. Amendment of section 26 (licences to hunt otters or deer and to hunt or course hares) of Principal Act.

35.—Section 26 of the Principal Act is hereby amended by the repeal of subsection (1)(i).

Chapter II

36. Regulation of commercial shoot operators.

36.—(1) The Minister may control the activities of commercial shoot operators by permits issued under this section and accordingly the Minister may, on application being made in that behalf, if thought fit and on payment to the Minister of the prescribed fee (if any), issue a permit to a person to carry out an activity under this section and attach conditions thereto, and may amend such a permit.

(2) An applicant for a permit under this section shall submit details of all shooting rights which he or she owns or has permission to use together with such other information as the Minister may require.

(3) The Minister may, in considering an application for a permit under this section, have regard to—

(a) the ability of the applicant to comply with any regulations made under subsection (10) which are for the time being in force or the manner in which the applicant has complied with any such regulations while being the holder of a permit issued under this section, and

(b) whether or not the applicant has been convicted of any offence under the Wildlife Acts, 1976 and 2000, or under the law of another jurisdiction which either or both corresponds to an offence under those Acts and relates to the conservation of wildlife.

(4) On the issuing of a permit under this section, the Minister may, having regard to the information to which subsection (2) relates and to any other information available to the Minister, limit the amount of hunting which may take place over particular land or lands in respect of which the applicant for the permit either owns shooting rights or has permission of the owner of these shooting rights, and shall include in the permit such conditions, including conditions relating to gun days, as the Minister considers appropriate.

(5) A permit issued by the Minister under this section shall, unless it is previously withdrawn, remain in force for any period specified by the Minister not exceeding 3 years.

(6) (a) Every applicant for the issue of a permit 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 issue such a permit.

(b) Where, in the case of the refusal by the Minister to issue a permit under this section, the applicant is the holder of a subsisting permit under this section, then the permit 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 issue a permit subject to any conditions which the judge allowing the appeal may require to be attached to the permit.

(7) (a) The Minister may, having given 21 days' notice to the holder of a permit issued under this section, withdraw the permit if the holder has failed to comply with the conditions thereof or with regulations made under subsection (10) which are for the time being in force, and shall notify the holder of the reasons for such withdrawal.

(b) The holder of a permit issued under this section shall have the right to appeal, to the District Court for the District in which the holder of the permit resides, within a period of 21 days in respect of the notification by the Minister to withdraw the permit.

(c) Where, in the case of the notification of withdrawal by the Minister of a permit under this section, the holder of the permit appeals to the District Court in accordance with paragraph (b), the permit shall continue in force pending the determination of an appeal against such withdrawal 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.

(8) The Minister shall from time to time publish or cause to be published a list of holders of permits issued under this section.

(9) As and from such date as the Minister may by order appoint, a person shall not act as, or hold himself or herself out as, a commercial shoot operator (whether by that name or otherwise) unless he or she is in possession of a subsisting permit issued under this section.

(10) (a) The Minister may make regulations for the purposes of giving full effect to this section and may, in particular, provide for procedures in relation to the making of applications for permits under this section and the consideration of applications.

(b) Without prejudice to the generality of paragraph (a), regulations made under this subsection may—

(i) provide for the form of applications,

(ii) require applicants to publish or give specified notices relating to their applications,

(iii) require applicants to furnish to the Minister or to an officer of the Minister duly authorised any specified information relating to their applications, including information relating to employees and agents of holders of, or applicants for, permits issued under this section,

(iv) provide for the availability for inspection by the Minister or by an officer of the Minister duly authorised of documents or extracts from documents relating to applications,

(v) provide for consultation with such bodies, including statutory bodies, as may be prescribed for that purpose,

(vi) provide for the making of submissions or observations to the Minister in relation to applications and the period during which such submissions or observations may be made,

(vii) require applicants to submit further information relating to their applications, and

(viii) require the production of evidence to verify particulars of information given by an applicant.

(11) A person who—

(a) contravenes subsection (9) of this section, or

(b) fails to comply with any condition or requirement of a permit, or

(c) makes false or misleading statements or declarations, or furnishes a document or information which is false, with a view to obtaining a permit,

shall be guilty of an offence.

(12) In this section—

“commercial shoot operator” means a person who either owns shooting rights on lands or has permission of the owner of those shooting rights and who uses these rights or permissions for the purposes of providing hunting on these lands to others for reward;

“gun days” means the number of days in any hunting season in which one gun can be used to sustainably hunt over particular land or lands in respect of any class of or all wild animals or wild birds.

37. Amendment of section 28 (general restriction as regards hunting or killing with firearms certain exempted wild mammals and certain protected wild birds) of Principal Act.

37.—Section 28 of the Principal Act is hereby amended by the insertion of the following after subsection (2):

“(2A) (a) An applicant for—

(i) the grant of a licence under section 29 of this Act, or

(ii) the grant or renewal of a certificate to which section 29(5) of this Act relates,

may, before the granting of any such licence or the granting or renewal of any such certificate, be required to supply satisfactory evidence that the applicant is a competent person to hold such a licence.

(b) The evidence required under paragraph (a) of this subsection shall include the ability to identify certain species of fauna and to have a satisfactory knowledge of the relevant provisions of the Wildlife Acts, 1976 and 2000, and of any instruments made under those Acts.

38. Hunting restricted on or over foreshore belonging to State and certain land so belonging.

38.—The Principal Act is hereby amended by the substitution of the following for section 30:

“30.—(1) (a) A person shall not, without permission given in writing by the Minister, hunt protected wild animals and wild birds on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake, or accretion from the sea where such land is owned by the State.

(b) The Minister may by regulations—

(i) in relation to wild birds—

(I) apply this section, either generally or by reference to one or more species, to wild birds, or

(II) apply this section generally to species of wild birds subject to the exclusion of one or more such species,

and

(ii) in relation to wild animals—

(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.

(c) The Minister may attach conditions in writing to any permission given under this subsection and may at any time vary such conditions or withdraw any such permission.

(2) In determining an application for permission under this section, the Minister shall have regard to the conservation requirements of the species concerned.

(3) Any person who contravenes subsection (1) of this section or fails to comply with a condition under that subsection shall be guilty of an offence.”.

39. Amendment of section 31 (sale, purchase and possession of certain perching birds prohibited) of Principal Act.

39.—Section 31 of the Principal Act is hereby amended—

(a) by the addition, to subsection (1), after “bred in captivity” of “; but nothing in this subsection shall make unlawful the possession consequent upon the capture of any such bird pursuant to and in accordance with a licence or permission granted under this Act”, and

(b) by the substitution, in subsection (4), of “not later than 10 days after it has been hatched” for “while a fledgling”,

and the said subsections (1) and (4), as so amended, are set out in the Table to this section.

TABLE

(1) It shall be an offence for any person to sell, purchase or have in his possession a live perching bird to which this section applies other than a close-ringed specimen bred in captivity; but nothing in this subsection shall make unlawful the possession consequent upon the capture of any such bird pursuant to and in accordance with a licence or permission granted under this Act.

(4) In this section “close-ringed specimen” means a specimen of live perching bird (order Passeriformes) fitted with a continuous metal band or ring which has been slipped over its foot and on to its leg not later than 10 days after it has been hatched.

40. Amendment of section 32 (ringing and marking, and possession of cannon-nets, etc. restricted) of Principal Act.

40.—Section 32 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsections (1) and (2):

“(1) It shall be an offence for a person, otherwise than pursuant to and in accordance with a licence granted by the Minister for the purposes of this subsection, to—

(a) mark by cutting, branding or tattooing, or

(b) attach any band, ring, microchip, tag or other marking device to,

any wild animal or wild bird or to take by net, trap or by any other means any such animal or bird for the purposes of so marking it or attaching to it any band, ring, microchip, tag or other marking device.

(1A) Subject to subsection (4) of section 31 of this Act, the Minister may by regulations specify the method of marking, including the type and size of any band, ring, microchip, tag or other marking device or substance, for the purposes of either or both the said section 31 and of this section and different methods may be specified for different species.

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

(a) the close ringing of artificially reared wild birds,

(b) captive bred birds prescribed in an open seasons order,

(d) the clipping of the feathers of an artificially reared protected wild bird for purposes of the confinement prior to the release into the wild of such protected wild bird.”,

(b) in subsection (3), by the insertion after “import” of “into the State from outside the European Union”, and

“(3A) The granting of a licence under subsection (3) of this section shall not be construed as restricting any application of, or removing any obligation to comply with, the Firearms Acts, 1925 to 2000.”.

41. Amendment of section 33 (restriction on use of certain firearms etc.) of Principal Act.

41.—Section 33 of the Principal Act is hereby amended—

(a) in subsection (1), by the substitution of “hunt or injure in the course of hunting” for “kill or injure”,

(b) in subsection (2), by the substitution of “hunt” for “kill”, of “animal” for “mammal” and of “any explosive other than ammunition for, and used with, a firearm” for “a floating container containing an explosive substance”,

(c) in subsection (3), by the substitution of “hunt or injure in the course of hunting” for “kill or injure” and the insertion of “otherwise than under and in accordance with a licence granted in that behalf by the Minister” after “hare”, and

(d) in subsection (4), by the substitution of “animals” for “mammals” in both places where it occurs,

and the said subsections (1), (2), (3) and (4), as so amended, are set out in the Table to this section.

TABLE

(1) It shall be an offence for a person to hunt or injure in the course of hunting—

(a) with a repeating or automatic shotgun (other than a repeating or automatic shotgun which is adapted or modified so as to render it incapable of carrying more than three shotgun cartridges), with an airgun, air-rifle, gas-rifle, pistol or revolver, or with any firearm fitted with a silencer device, any wild bird,

(b) with a rifle, any protected wild bird.

(2) It shall be an offence for a person to hunt or injure any wild bird or wild animal with a spring gun, or with tracer shot or with any explosive other than ammunition for, and used with, a firearm.

(3) It shall be an offence for a person to hunt or injure in the course of hunting with a shotgun a protected wild animal other than a hare otherwise than under and in accordance with a licence granted in that behalf by the Minister.

(4) Subject to the foregoing subsections of this section, the Minister may make regulations specifying the type and calibre of firearms and ammunition which may be used to hunt wild birds and wild animals and providing that firearms and ammunition of any other type and calibre shall not be used to hunt such birds or animals.

42. Amendment of section 34 (certain use of traps, snares etc. prohibited) of Principal Act.

42.—Section 34 of the Principal Act is hereby amended—

(a) in subsection (1), by the substitution of the following for paragraphs (a), (b) and (c):

“(a) hunt any wild bird, wild mammal or protected wild animal by means of a trap, snare, net, line, hook, arrow, dart, spear or similar device however propelled, instrument or missile, or birdlime or any substance of a like nature, or any poisonous, poisoned or stupefying bait, any gas or smoke or chemical wetting agent or any electrical device which is calculated or likely to cause death, unconsciousness or bodily injury to such bird, mammal or animal, or

(b) affix, place or set—

(i) any trap, snare or net for killing or taking a wild bird, wild mammal or protected wild animal, or

(ii) any line, hook, electrical device or other device or instrument, calculated or likely to cause death or bodily injury to any wild bird, wild mammal or protected wild animal coming in contact with it,

on any tree, pole, cairn or other structure in, or in the vicinity of, any place frequented by wild birds, wild mammals or protected wild animals, or

(c) lay any poisonous or poisoned substance or stupefying bait, or any gas or smoke or chemical wetting agent, being a substance, bait or agent which is calculated or is likely to cause injury, or facilitate the capture of, a wild bird, wild mammal or protected wild animal, in or in the vicinity of, any place mentioned in paragraph (b) of this subsection, or on any tree, pole, cairn or other structure in or in the vicinity of such place.”,

(b) by the substitution, in paragraph (b) of subsection (2), of “wild animal” for “wild mammal”,

(i) by the insertion, in paragraph (a), of “or wild animal” after “wild bird”,

(ii) by the insertion of the following after paragraph (c):

“(cc) the capture or killing of any wild bird or any wild animal in or on, or the removal of any such bird or animal from, any premises or other land by means of any poisoned, poisonous or stupefying substance specified in the licence, or any gas or smoke or chemical wetting agent or other devices so specified, for the purpose of stopping or preventing serious damage being caused to any thing to which section 42(1) of this Act relates,”,

(iii) by the substitution of the following for paragraph (d):

“(d) the capture alive of, or the taking of dead, wild birds or wild animals, for research or other scientific or educational purposes or for removal of live wild birds or wild animals to a new habitat, or to a place specified in the licence.”,

(d) by the substitution, in paragraph (a) of subsection (4), of “animals” for “mammals”,

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

“(4A) In relation to wild animals to which this section does not otherwise apply, the Minister may by regulations—

(a) apply this section to such wild animals, either generally or by reference to one or more species, or

(b) apply this section generally to species of such wild animals, subject to the exclusion of one or more such species.”,

(f) by the substitution of the following for subsection (6):

“(6) Any person who imports into the State from outside the European Union, or has in his possession other than pursuant to and in accordance with a licence granted by the Minister in that behalf, or who in the course of his trade or business sells or offers for sale a trap, snare or net which pursuant to subsection (4) of this section is for the time being declared by the Minister to be a trap, snare or net to which this subsection applies shall be guilty of an offence.”,

and

(g) by the addition of the following after subsection (7):

“(8) The other provisions of this section are without prejudice to sections 7 and 14 of the Protection of Animals (Amendment) Act 1965.”,

and the said subsections (2) (other than paragraph (a)), (3) (other than paragraphs (b) to (d)) and (4) (other than paragraph (b)), as so amended, are set out in the Table to this section.

TABLE

(2) Subsection (1) of this section shall not apply to or render unlawful—

(b) the taking or killing by means of any such trap, snare or net of any wild bird which is not a protected wild bird or any wild animal which is not a protected wild animal,

and nothing in the said subsection shall make unlawful anything which is duly done pursuant to a statute (other than this Act) or statutory instrument, which is permitted to be done under such a statute or statutory instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or statutory instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(3) Subsection (1) of this section shall not apply to any of the following if done pursuant to and in accordance with a licence granted in that behalf by the Minister:

(a) the capture alive, on land specified in the licence by means of a trap, snare or net of any species of wild bird or wild animal specified in the licence, for the purpose of propagating or of improving the quality of such species,

(4) The Minister may by regulations declare a trap, snare or net which is of a particular type, class or description specified in the regulations—

(a) to be approved of for the purposes of this section and may, if he thinks fit, regulate its use as regards wild birds or wild animals,

43. Amendment of section 35 (certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted) of Principal Act.

43.—Section 35 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the substitution of the following for paragraphs (a) and (b):

“(a) use, for the purpose of hunting, repelling or scaring any wild bird or any wild animal—

(i) any live wild bird or live wild animal which is tethered or secured by braces or other similar appliance or which is confined in a cage or pen or which is blind, maimed or injured, or

(ii) any kite, light trap, balloon, aircraft (including model aircraft) or similar device,

(b) use, as a decoy for the purpose of hunting any wild bird or any wild animal, any live wild animal or live bird, or”,

(ii) by the insertion, in paragraph (c), of “wood pigeons,” before “wild duck”,

(iii) by the substitution of the following for paragraph (d):

“(d) use an electrical or other instrument or appliance (including recording apparatus) emitting sound, for the purpose of hunting any wild bird or any wild animal.”,

(b) in subsection (3)—

(i) by the substitution of the following for paragraph (a):

“(a) the use for hunting, repelling or scaring any wild bird or any wild animal of a species specified in the order of any stuffed or artificial decoy or any device, whistle, instrument or appliance which is of a particular type, class or description specified in the order, or”,

(ii) by the insertion, in paragraph (b), of “plover,” before “wild duck”,

“(4) Notwithstanding the foregoing provisions of this section, a decoy, vehicle or an instrument or appliance, including electrical or other recording apparatus emitting sound for the purpose of repelling, scaring or capturing any wild bird or any wild animal, may be used, pursuant to and in accordance with a licence granted in that behalf by the Minister, for scientific research or for another purpose approved of by the Minister.

(4A) Nothing in this section shall be construed as restricting—

(a) the practice of falconry lawfully carried out in accordance with a licence or licences granted in accordance with section 41 of this Act, or

(b) the taking, killing or use of a wild animal, which is not a protected wild animal, for the purpose of, or while engaged in the practice of fishing.”,

and the said subsections (1) (other than paragraphs (a), (b) and (d)) and (3) (other than paragraph (a)), as so amended, are set out in the Table to this section.

TABLE

(1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not—

(c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than wood pigeons, wild duck and wild geese, or

(3) Notwithstanding the foregoing provisions of this section, the Minister may by order prohibit throughout the State or in any particular area thereof—

(b) the use of any orally or manually operated whistle or other instrument or appliance (not being recording apparatus) which imitates, or emits calls similar to, the calls of plover, wild duck or wild geese or emits recorded such calls.

44. Amendment of section 36 (use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited) of Principal Act.

44.—Section 36 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the deletion of “but subject to section 42”,

(ii) in paragraph (a), by the substitution of “wild animal” for “protected wild animal”, and

(iii) in paragraph (b), by the substitution of “wild bird” for “protected wild bird”,

(b) by the substitution, in subsection (2), of “wild birds or wild animals” for “protected wild birds or protected wild animals”, and

“(5) In this section, ‘mechanically-propelled' includes propulsion which is electrical or partly electrical and partly mechanical.”,

and the said subsections (1) and (2), as so amended, are set out in the Table to this section.

TABLE

(1) Notwithstanding anything contained in this Act apart from this section, a person shall not hunt or disturb for the purpose of hunting—

(a) any wild animal by means of a mechanically-propelled vehicle, vessel or aircraft, whether it is being so propelled or is stationary,

(b) any wild bird by means of such a vehicle, vessel or aircraft, while it is being so propelled.

(2) Notwithstanding subsection (1) of this section, a mechanically-propelled vehicle, vessel or aircraft may be used to capture or kill, pursuant to and in accordance with a licence granted in that behalf by the Minister and for such educational, scientific or other purposes as are specified in the licence, wild birds or wild animals of a species so specified.

45. Use of lamps, mirrors etc. in hunting prohibited.

45.—The Principal Act is hereby amended by the substitution of the following for section 38:

“38.—(1) Any person who uses—

(a) any lamp, light, torch, mirror or other artificial light-reflecting or dazzling device or appliance, or

(b) any device for illuminating, image intensifying or heat seeking a target, or

(d) any device or appliance which is of a type, class or description specified in an order under subsection (2) of this section,

in hunting any protected wild bird or protected wild animal otherwise than while either—

(i) attaching thereto any band, ring, tag or other marking device, or

(ii) hunting for educational or scientific purposes or for any other purpose,

pursuant to and in accordance with a licence granted under this Act by the Minister, shall be guilty of an offence.

(2) (a) The Minister may by order declare a device or appliance which is of a type, class or description specified in the order to be a device or appliance to which subsection (1) of this section applies.

(b) The Minister may amend or revoke an order made under this subsection.”.

46. Amendment of section 40 (destruction of vegetation on uncultivated land restricted) of Principal Act.

46.—Section 40 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsection (1):

“(1) (a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

(b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection.”,

(b) by the substitution of the following for paragraph (c) of subsection (2):

“(c) the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister of the Government or a body established or regulated by or under a statute;

(cc) the clearance of vegetation in the course of fisheries development works carried out by the Central Fisheries Board or a regional fisheries board in the exercise of its functions under the Fisheries Acts, 1959 to 1999;”,

“(e) the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided;”,

and

(d) by the addition of the following after subsection (2):

“(3) The Minister may request from the person concerned details of any works carried out under subsection (2)(c) and such details shall be furnished to the Minister by that person together with a statement of the public health or safety factors involved.

(4) In any proceedings taken in respect of a contravention of this section consisting of the doing of any act, it shall be a good defence to prove that the doing of that act was necessary for the purpose of extinguishing or preventing the spread of a fire while it was in progress or for the purpose of saving human life or was necessary in any other emergency in respect of which that act was an appropriate measure.”.

Chapter III

47. Amendment of section 41 (falconry etc.) of Principal Act.

47.—Section 41 of the Principal Act is hereby amended in subsection (1):

(a) by the substitution of “Notwithstanding anything contained in section 22 or 23 of this Act, the Minister may make regulations” for “The Minister may make regulations”,

(b) by the substitution, in paragraphs (a), (b) and (c), of “owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes” for “and other birds of the order Falconiformes”,

(d) by the substitution, in paragraph (d), of the following for subparagraph (ii):

“(ii) take, have in his possession or under his control any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes or the eggs or young of any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes,

(iii) engage in breeding any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other bird of the orders Accipitriformes, Falconiformes and Strigiformes,”,

and the said subsection (1) (other than paragraphs (e) and (f)), as so amended, is set out in the Table to this section.

TABLE

(1) Notwithstanding anything contained in section 22 or 23 of this Act, the Minister may make regulations—

(a) regulating hunting by means of eagles, hawks, falcons, owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes trained to hawk for sport, or otherwise governing the practice of falconry,

(b) regulating the taking of eagles, hawks, falcons, owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes for breeding or training to hawk for sport,

(c) regulating the possession, breeding, training to hawk for sport, display or exhibition of eagles, hawks, falcons, owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes,

(d) providing that a person shall not, save under and in accordance with a licence granted in that behalf by the Minister—

(i) engage in falconry,

(ii) take, have in his possession or under his control any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes or the eggs or young of any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes,

(iii) engage in breeding any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes,

48. Amendment of section 42 (damage by wild birds etc.) of Principal Act.

48.—Section 42 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the insertion of “serious” before “damage”,

(ii) by the insertion, in paragraph (a), of “food (including human food products and animal feeds)” before “livestock”,

(iii) by the deletion of “or” after the word “plantation” in paragraph (e) and the addition of the following after paragraph (f):

“(g) buildings and other structures and their contents, or

(h) aquaculture installations,”,

(iv) by the insertion of “scaring,” before “capture”,

(b) by the insertion of the following after subsection (1):

“(1A) Any person who by act or omission impedes or obstructs a person authorised by the Minister in the lawful exercise of a power conferred by subsection (1) of this section shall be guilty of an offence.”,

(d) by the deletion, in subsection (5), of “, to the forester in charge of any forest owned by the Minister”, and

(e) by the substitution of the following for subsection (6):

“(6) In addition to the foregoing, the following provisions shall apply in relation to a permission granted under this section:

(a) the permission shall be valid only for such period and in relation to such area as are specified therein,

(b) particulars of all protected wild birds and protected wild animals captured or killed pursuant to the permission shall be furnished to the Minister by the person to whom the permission is given at such times and in such form as is specified in the permission,

(c) notwithstanding any other provision of this Act, the Minister may grant the permission subject to conditions which may include one or more of the following:

(i) that any scaring, capture or killing pursuant to the permission is to be effected by a specified means,

(ii) that any wild bird or any wild animal captured or killed pursuant to the permission shall have affixed to it a tag or other mark of identification to be specified by the Minister,

(iii) that any wild bird or any wild animal captured pursuant to the permission shall be removed to a place specified by the Minister for subsequent release or be disposed of in such other manner as may be so specified,

(iv) that any wild bird or any wild animal killed pursuant to the permission shall be removed to a place specified by the Minister or be disposed of in such other manner as may be so specified,

(v) that the total number of any particular species of protected wild bird or protected wild animal captured or killed pursuant to the permission shall be limited to such number as is specified in the permission.”,

and the said subsections (1) (other than paragraphs (b) to (f)), (4) and (5), as so amended, are set out in the Table to this section.

TABLE

(1) Where serious damage is being caused by protected wild birds or by protected wild animals to—

(a) food (including human food products and animal feeds), livestock, poultry or agricultural crops (including vegetables or fruit) either on pasture or on cultivated land,

(g) buildings and other structures and their contents, or

(h) aquaculture installations,

notwithstanding any other provision of this Act, the Minister may cause to be taken by a person authorised by him in that behalf (who is hereby empowered to take) such steps, including entering on any land and the scaring, capture or killing of any such wild bird or any such wild animal, as he thinks appropriate to stop the damage.

(4) An application to the Minister for a permission under this section shall include particulars of the damage in relation to which the application is made and in case the Minister decides to grant the permission, notwithstanding any other provision of this Act, the permission shall, subject to its terms, operate to enable the owner or occupier, or any other person duly authorised to act on his behalf, to scare, capture or kill any protected wild bird or any protected wild animal which the owner, occupier or other person reasonably believes is causing the damage and to take such other steps (if any) to stop the damage as are specified in the permission.

(5) An application for a permission under this section may be made to the Minister or to any other person who is authorised for the time being by the Minister to receive such applications.

49. Amendment of section 43 (land drainage schemes) of Principal Act.

49.—Section 43 of the Principal Act is hereby amended in subsection (1)—

(a) by the substitution of “Arterial Drainage Acts, 1945 and 1995” for “Arterial Drainage Act 1945”,

(b) by the insertion of “which is likely or liable to affect, or to interfere with, or is” before “in respect of an area”,

(c) by the insertion of “or land particulars of which have been included in a notice or order under Chapter II of Part III of the Wildlife (Amendment) Act 2000” after “section 18 of this Act applies”, and

(d) by the insertion of “nature reserve, refuge, natural heritage area or area subject to a notice served under section 16(2)(b) of the Wildlife (Amendment) Act 2000” for “nature reserve or refuge”,

and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) Where the Commissioners propose to undertake either—

(a) a drainage scheme within the meaning of the Arterial Drainage Acts, 1945 and 1995, which is one to which this section applies, or

(b) any other land drainage scheme,

which is likely or liable to affect, or to interfere with, or is in respect of an area which includes land to which an establishment order, a recognition order or a designation order applies, or land to which an agreement made under section 18 of this Act applies or land particulars of which have been included in a notice or order under Chapter II of Part III of the Wildlife (Amendment) Act 2000, the Commissioners shall, before commencing the scheme, consult the Minister to ascertain if and to what extent the proposed scheme if carried out would affect or interfere with the suitability of the land affected by the scheme for a nature reserve, refuge or natural heritage area, as may be appropriate, and take all practicable steps including, where appropriate, the limitation of the drainage scheme to minimise or avoid such effect or interference.

50. Amendment of section 44 (unlawful hunting or entry on land and other miscellaneous matters) of Principal Act.

50.—Section 44 of the Principal Act is hereby amended—

(a) by the substitution of the following for paragraph (c) of subsection (1):

“(c) carries on the land—

(i) any firearm, or

(ii) any net, or other weapon, instrument or device capable of being used for hunting a wild bird or a wild animal,

or”,

(b) in subsection (2), by the insertion of the following after paragraph (b):

“(bb) an authorised person or a member of the Garda Síochána,”,

“(2A) An authorised person or a member of the Garda Síochána in exercising a power under subsection (2) of this section may size any firearm, other weapon or device or part thereof.”,

(d) by the substitution of the following for subsection (7):

“(7) In any proceedings for an offence under this section it shall not be necessary for the prosecutor to prove that, at the time of the offence, a defendant—

(a) was on the land without lawful authority, or

(b) was not the owner or occupier of the land,

and in case a defendant claims that he was on the land with lawful authority or is either the owner or occupier of the land, the onus of proving such authority, or that he is the owner or occupier of the land, shall be on the defendant.”.

PART V Regulation and Control of Wildlife Dealing

51. Amendment of section 45 (sale, purchase and possession of fauna restricted) of Principal Act.

51.—Section 45 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsection (1) (inserted by the Regulations of 1985):

“(1) A person who is not a licensed wildlife dealer shall not sell, keep for sale, transport for the purpose of sale or exchange, offer for sale or exchange, purchase for resale or exchange, or engage in taxidermy in respect of—

(a) a protected wild bird or protected wild animal, at any stage of its life, whether alive or dead, or any parts, products or derivatives of such wild bird or wild animal,

(b) the eggs of a protected wild bird or the eggs or spawn of a protected wild animal, or any parts, products or derivatives thereof,

(c) fauna, at any stage of its life, whether alive or dead, set out in Part I or II of the First Schedule to the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), and being fauna within the meaning of this Act,

and shall not publish or cause to be published any advertisement, catalogue, circular or price list likely to be understood as conveying that such person buys or sells, or intends to buy or sell, or engages in taxidermy in respect of any protected wild bird or protected wild animal.”,

(b) in subsection (2)—

(i) by the substitution of “sections 22(5), 23(7)(d), 31 and 42 of this Act” for “sections 22(5), 23(7)(d) and 42 of this Act”, and

(ii) by the insertion, after “or the eggs of a protected wild bird”, of “or the eggs or spawn of a protected wild animal or any part, product or derivative thereof”,

(i) by the insertion, in paragraph (a), of “, who has obtained the prior permission of the Minister in writing so to do,” after “person”,

(ii) by the insertion, in paragraph (c), of “or captured” after “killed”,

(iii) by the insertion of the following after paragraph (c):

“(cc) the sale by a person of any live perching bird which is a close-ringed specimen within the meaning of section 31(4) of this Act, and to which that section applies,”,

and

(iv) by the insertion, in paragraph (d), of “or captured” after “killed”,

(d) in subsection (7) (inserted by the Regulations of 1985), by the deletion of “(11),”,

(e) in subsection (8), by the substitution of the following for paragraphs (a) and (b):

“(a) the wild bird, wild animal or any other part, product or derivative of such wild bird or wild animal had been lawfully acquired by the defendant before the 1st day of June, 1977, or that it or they had been lawfully acquired from a person who had lawfully acquired it or them,

(b) in case the alleged offence relates to a protected wild bird or a protected wild animal or to any other part, product or derivative of such a wild bird or wild animal that it or they had lawfully been killed, captured or acquired by the defendant or had been lawfully acquired from a person who had lawfully killed, captured or acquired it or them.”,

(f) by the substitution of the following for subsection (9):

“(9) Subject to subsection (9A) of this section, nothing in this section shall make unlawful the possession consequent upon any other thing which is—

(a) done pursuant to and in accordance with a licence or permission granted under this Act, or

(b) permitted to be done by or under any statute other than this Act, or

of a protected wild bird or a protected wild animal or the eggs of a protected wild bird or any eggs or spawn of a protected wild animal.

(9A) Where possession of a protected wild bird or a protected wild animal results from the unintentional capture of the bird or animal and such possession is continuing, the person in apparent possession or control of the bird or animal shall, at the direction of the Minister, release or otherwise dispose of the bird or animal in such manner as the Minister thinks fit.”,

(g) by the insertion, in subsection (10), of “, or to any other part, product or derivative,” after “flesh”,

(h) by the deletion of subsection (11) (inserted by the Regulations of 1985), and

(i) by the addition of the following after subsection (13) (inserted by the Regulations of 1985):

“(14) The Minister may by regulations—

(a) in relation to wild birds—

(i) apply this section, either generally or by reference to one or more species, to wild birds, or

(ii) apply this section generally to species of wild birds subject to the exclusion of one or more such species,

and

(b) in relation to wild animals—

(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.”,

and the said subsections (2), (3) (other than paragraphs (b) and (cc)), (7) and (10), as so amended, are set out in the Table to this section.

TABLE

(2) Subject to subsections (3) and (8) of this section and to sections 22(5), 23(7)(d), 31 and 42 of this Act, a person who is not a licensed wildlife dealer shall not have in his possession a protected wild bird or a protected wild animal, whether alive or dead, or the eggs of a protected wild bird or the eggs or spawn of a protected wild animal or any part, product or derivative thereof.

(3) Subsection (1) of this section shall not apply to—

(a) the sale by a person, who has obtained the prior permission of the Minister in writing so to do, of any live specimen of a protected wild bird or protected wild animal solely for the purposes of propagating, or of improving the quality of, such species,

(c) the sale to a licensed wildlife dealer by a person of any protected wild bird or protected wild animal lawfully killed or captured by him,

(d) the sale by any person, who has obtained the prior permission of the Minister so to do, of any lawfully killed or captured such wild bird or wild animal.

(7) A person who contravenes subsection (1), (2), (4), (12) or (13) of this section or who fails to comply with the requirements of subsection (5) of this section shall be guilty of an offence.

(10) References in this section to a protected wild bird or a protected wild animal shall, except in relation to taxidermy, be construed as including references to the flesh, or to any other part, product or derivative, of such a bird or animal, and in relation to taxidermy the said references in this section shall be construed as including references to the skin, plumage or any other part of such a bird or animal.

52. Amendment of section 46 (regulation and control of wildlife dealing) of Principal Act.

52.—(1) Section 46 of the Principal Act is hereby amended—

(a) by the substitution, in subsection (1), of “wild bird or wild animal” for “protected wild bird or protected wild animal”,

(b) in subsection (3)—

(i) by the insertion of the following after paragraph (c):

“(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,”,

(ii) by the insertion of the following after paragraph (d):

“(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,”,

(iii) by the insertion of the following after paragraph (f):

“(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,”,

and

(iv) by the substitution, in paragraph (g), of “a wild bird or a wild animal” for “a protected wild bird or a protected wild animal”,

and

“(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.”,

and the said subsections (1) and (3) (other than paragraphs (a) to (ff) and paragraph (h)), as so amended, are set out in the Table to this section.

(2) Notwithstanding subsection (1) of this section, any regulations made under section 46 of the Principal Act and in force immediately before the commencement of paragraphs (a) and (b) of that subsection shall continue in force until revoked.

TABLE

(1) Where the Minister is satisfied that it is in the interests of the conservation of any species of 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.

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

(g) provide that 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

53. Wildlife dealer's licence.

53.—The Principal Act is hereby amended by the substitution of the following for section 48:

“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.

(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.”.

54. Amendment of section 49 (revocation of wildlife dealer's licence) of Principal Act.

54.—Section 49 of the Principal Act is hereby amended by the substitution, in subsection (1), of “is convicted of an offence under this Act” for “is convicted of an offence under section 31 of this Act, or an offence under section 69(2) of this Act because of a contravention of, or of a failure to comply with, regulations made under section 41 or 46 of this Act”, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) Where a person who holds a wildlife dealer's licence 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.

55. Amendment of section 51 (transport of packages etc. containing certain fauna) of Principal Act.

55.—Section 51 of the Principal Act is hereby amended—

(a) by the insertion, in subsection (1), of the following after paragraph (c):

“(cc) any species of flora to which an order under section 21 of this Act for the time being applies.”,

(b) by the substitution, in subsection (2), of the following for paragraph (a):

“(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”,

(d) by the addition of the following after subsection (4):

“(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,”,

and the said subsection (3), as so amended, is set out in the Table to this section.

TABLE

(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 (a), (b), (c) or (cc) of subsection (1) of this section shall be guilty of an offence.

56. Amendment of section 52 (import of fauna and flora) of Principal Act.

56.—Section 52 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the insertion after “importation” of “into the State from outside the European Union”,

(ii) by the insertion, in paragraph (a), of “, at any stage of its life,” after “any wild animal or wild bird”,

(iii) by the substitution, in paragraph (c), of “or any product or derivative” for “or any product” and of “a part, product or derivative” for “a part or product”,

(iv) by the insertion of the following after paragraph (d):

“(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,”,

(v) by the insertion, in paragraph (f), of “, seeds, spores”, after “flowers”, and

(vi) by the insertion, in paragraph (g), of “, seeds, spores” after “flowers” and by the substitution of “or any product or derivative” for “or any product” and of “a part, product or derivative” for “a part or product”,

(b) by the insertion of the following after subsection (1):

“(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.

(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.”,

“(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.”,

(d) by the addition of the following after subsection (5):

“(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.”,

and the said subsection (1) (other than paragraphs (b), (d) and (e)), as so amended (including an amendment by virtue of section 6(1) of the Ministers and Secretaries (Amendment) Act 1939), is set out in the Table to this section.

TABLE

(1) The Minister may, after consultation with the Minister for Agriculture, Food and Rural Development, by regulations prohibit the importation 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, at any stage of its life, of a species specified in the regulations,

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

(f) the flowers, seeds, spores or roots of any such plant,

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

57. Amendment of section 53 (export of fauna and flora) of Principal Act.

57.—Section 53 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the insertion after “export” of “from the State to outside the European Union”,

(ii) by the substitution, in paragraph (a), of “any wild bird or any wild animal, at any stage of its life,” for “protected wild birds or protected wild animals”,

(iii) by the substitution, in paragraph (b), of “wild bird or wild animal” for “protected wild bird or protected wild animal”,

(iv) by the substitution, in paragraph (c), of “or any product or derivative” for “or any product” and of “a part, product or derivative” for “a part or product”,

(v) by the insertion of the following after paragraph (d):

“(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,”,

(vi) by the deletion, in paragraph (e), of “and to which an order under section 21 of this Act for the time being applies”,

(vii) by the insertion, in paragraph (f), of “, seeds, spores” after “flowers”, and

(viii) by the insertion, in paragraph (g), of “, seeds, spores” after “flowers” and by the substitution of “or any product or derivative” for “or any product” and of “a part, product or derivative” for “a part or product”,

(b) by the insertion of the following after subsection (1):

“(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.

“(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.”,

and the said subsection (1) (other than paragraphs (d) and (dd)), as so amended (including amendments by virtue of section 6(1) of the Ministers and Secretaries (Amendment) Act 1939), is set out in the Table to this section.

TABLE

(1) Subject to section 52(5) of this Act, the Minister may, after consultation with the Minister for Agriculture, Food and Rural Development, by regulations prohibit the export 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) 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 wild bird or wild animal of a species so specified,

(c) any part, other than the carcase, or any product or derivative 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,

(f) the flowers, seeds, spores or roots of any such wild plant,

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

58. Regulation of trade in wild flora and fauna and CITES Regulations.

58.—The Principal Act is hereby amended by the insertion of the following after section 53:

“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.

(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.”.

59. Saver in interest of public health and safety.

59.—Nothing in Part II, or section 51, of the Principal Act shall make unlawful any thing which is done pursuant to and in accordance with a licence granted in that behalf by the Minister for the purpose of preserving public health or public safety, including air safety.

F13[PART VA Biodiversity]

59A. F14[Definitions

59A.—In this Part—

"Agreement" means the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on 8 March 1999;

"biodiversity" 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 includes diversity within species, between species and of ecosystems;

"guidelines" means the guidelines referred to insection 59B(1)(c)and "guidelines", in relation to a plan, programme or strategy or a National Biodiversity Action Plan, means any guidelines the Minister may prepare and publish concerning that plan, programme or strategy or National Biodiversity Action Plan;

"National Biodiversity Action Plan" means a plan, prepared by the Minister and approved by the Government prior to its publication undersection 59C(4), which contains the objectives and targets for the conservation and sustainable use of biodiversity;

"plan, programme or strategy" means a plan, programme or strategy concerning the promotion of the conservation of biodiversity or an amendment of it, or part of a plan, programme or strategy concerning that promotion or an amendment of that part, that may be prepared by the Minister as he or she considers appropriate and approved by the Government prior to its publication undersection 59C(1)but does not include a National Biodiversity Action Plan;

"public body" means a public body specified insection 59H(1)or prescribed in accordance withsection 59H(2);

"relevant Minister" means, in relation to a public body, the Minister of the Government who performs functions in connection with that body.]

59B. F15[Biodiversity

59B.—(1) To the extent that it may affect or relate to the functions of a public body, the public body shall, in the performance of its functions, have regard to—

(a) a plan, programme or strategy,

(b) the objectives and targets in a National Biodiversity Action Plan, and

(c) guidelines that may be prepared by the Minister, where he or she considers it appropriate, providing practical guidance to the public body in relation to a plan, programme or strategy or meeting the objectives and targets of a National Biodiversity Action Plan.

(2) A requirement undersubsection (1)shall apply in respect of, as the case may be, a plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them, on and from the date of the publication of a notice undersection 59C(5)concerning the plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them.]

59C. F16[Publication of plan, programme or strategy, National Biodiversity Action Plan and guidelines

59C.—(1) The Minister may publish a plan, programme or strategy and guidelines on the website of his or her Department and by any other means (if any) as he or she considers appropriate.

(2) Not later than 36 months after the coming into operation ofsection 59B, the Minister shall prepare and publish a National Biodiversity Action Plan and guidelines.

(3) Not earlier than every third anniversary of the publication of a National Biodiversity Action Plan and guidelines undersubsection (2), and not later than every fifth anniversary of that publication, the Minister shall prepare and publish a National Biodiversity Action Plan and guidelines.

(4) For the purposes ofsubsections (2)and(3), the Minister shall publish a National Biodiversity Action Plan and guidelines on the website of his or her Department and by other means (if any) as he or she considers appropriate.

(5) Not later than 4 weeks after the publication undersubsection (1)orsubsection (4), the Minister shall publish a notice in Iris Oifigiúil, in a national daily newspaper circulating in the State and on the website of his or her Department, of that publication and the date on which it occurred.

(6) Nothing insubsection (2)orsubsection (3)shall prevent the Minister from amending a National Biodiversity Action Plan and guidelines once it or they has or have been published, andsubsections (4)and(5)shall apply, with any necessary modifications, to the publication of those amendments.]

59D. F17[Consultation

59D.—(1) The Minister may consult as he or she considers appropriate with public bodies and the public during the preparation of a plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them.

(2) The Minister shall consider any observations or submissions received during consultations undersubsection (1)before completing the preparation of a plan, programme or strategy, National Biodiversity Action Plan or guidelines or an amendment of any of them.]

59E. F18[Notice

59E.—At least 8 weeks before he or she publishes a plan, programme or strategy and guidelines undersection 59C(1)or a National Biodiversity Action Plan and guidelines undersection 59C(4), the Minister shall give notice in writing to public bodies of his or her intention to so publish.]

59F. F19[Report by public bodies

59F.—(1) A public body shall prepare and submit a report to the Minister.

(2) The first report undersubsection (1)shall be prepared and submitted to the Minister not later than 18 months after the date the Minister publishes a plan, programme or strategy and guidelines undersection 59C(1)or a National Biodiversity Action Plan and guidelines undersection 59C(4), and every report thereafter shall be prepared and submitted to the Minister not more frequently than once every 12 months.

(3) A report undersubsection (1)shall specify—

(a) measures adopted by the public body for the purpose of compliance withsection 59B(1), and

(b) progress made by the public body in the performance of its functions in accordance with that subsection.

(4) The first report undersubsection (1)of a public body prescribed undersection 59H(2)shall be prepared and submitted to the Minister not later than 18 months after the date, following that prescribing, that the Minister publishes a plan, programme or strategy and guidelines undersection 59C(1)or a National Biodiversity Action Plan and guidelines undersection 59C(4).]

59G. F20[Direction

59G.—(1) The Minister, in relation to the performance by a public body of its functions and having consulted—

(a) the public body, and

(b) where the public body was established by the Agreement, the Minister for Foreign Affairs and Trade,

may give a direction in writing to the public body requiring it to adopt such measures for the purpose of compliance withsection 59B(1)as are specified in the direction.

(2) The Minister shall consult, and agree the terms of the direction with, the relevant Minister before giving a direction undersubsection (1).

(3) The Minister, having consulted the public body and the Minister for Foreign Affairs and Trade, as the case may be, undersubsection (1)and having consulted and agreed with the relevant Minister undersubsection (2), may by direction in writing amend or revoke a direction under this section (including a direction under this subsection).

(4) The public body to whom a direction is given under this section shall comply with the direction.]

59H. F21[Public body

59H.—(1) For the purposes of this Part each of the following is a public body:

(a) a Minister of the Government;

(b) Bord Iascaigh Mhara;

(d) An Bord Pleanála;

(e) Coillte Teoranta (being a company formed and registered under the Companies Acts as provided for by section 9 of the Forestry Act 1988 );

(f) Commission for Aviation Regulation;

(g) Commission for Communications Regulation;

(h) Commission for Railway Regulation;

(i) Commission for Regulation of Utilities;

(j) Commissioners of Public Works in Ireland;

(k) a company formed in respect of a harbour in accordance with section 7 of the Harbours Act 1996;

(l) Eirgrid;

(m) Electricity Supply Board;

(n) Enterprise Ireland;

(o) the Environmental Protection Agency;

(p) Ervia;

(q) Geological Survey Ireland;

(r) Heritage Council;

(s) Iarnród Éireann-Irish Rail;

(t) Industrial Development Agency (Ireland);

(u) Inland Fisheries Ireland;

(v) Irish Lights Commission;

(w) a local authority within the meaning of section 2 of the Local Government Act 2001;

(x) Marine Institute;

(y) National Roads Authority;

(z) Office of the Revenue Commissioners;

(aa) a planning authority within the meaning of the Planning and Development Act 2000;

(bb) Sea-Fisheries Protection Authority;

(cc) Teagasc-The Agriculture and Food Development Authority;

(dd) Údarás na Gaeltachta.

(2) The Minister may, for the purposes of this Part, prescribe a body, other person, company, organisation or group referred to insubsection (3)to be a public body where the Minister is of the opinion that the body, other person, company, organisation or group has functions that have or may have a bearing on matters concerning biodiversity or is in a position to promote the conservation of biodiversity.

(3) The following may be prescribed undersubsection (2):

(a) a body or other person established—

(i) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) or charter,

(ii) by any scheme administered by a Minister of the Government, or

(iii) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government;

(b) a company (formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act), a majority of the shares in which are held by or on behalf of a Minister of the Government;

(4) The Minister shall, before prescribing a body, other person, company, organisation or group to be a public body undersubsection (2)—

(a) obtain the consent of the relevant Minister,

(b) consult the body, other person, company, organisation or group, and

(c) where the body, other person, organisation or group was established by the Agreement, consult the Minister for Foreign Affairs and Trade.]

PART VI Miscellaneous

60. Amendment of section 56 (management etc. of certain land acquired, held or used by the Minister) of Principal Act.

60.—Section 56 of the Principal Act is hereby amended by the substitution of the following for subsection (1):

“(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.”.

61. Amendment of section 58 (right to hunt on or over territorial seas of State vested in State) of Principal Act.

61.—Section 58 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsection (3):

“(3) Any person who contravenes subsection (2) of this section shall—

(a) commit a trespass, and

(b) be guilty of an offence.”,

and

(b) by the substitution of the following for subsection (4):

“(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.”.

62. Amendment of section 59 (regulations permitting and regulating public access to certain land) of Principal Act.

62.—Section 59 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the substitution in paragraph (c) of “whether or not the Minister has a joint or several interest in such land” for “but in which the Minister has not a joint or several interest”, and

(ii) by the insertion of the following after paragraph (c):

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