Wild Birds Protection Act, 1930
What is this act about?
This law, the Wild Birds Protection Act, 1930, aims to update and combine previous laws concerning the protection of wild birds. It establishes rules to safeguard wild birds and their eggs.
Who it applies to: Any person who might shoot, attempt to shoot, take alive, or kill wild birds; Individuals who sell, expose for sale, offer for sale, or possess wild birds recently taken or killed.
At a glance
- Country
- Ireland
- Area of law
- Other legislation
- Articles
- 14
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The periods during which it is illegal to take or kill wild birds (the "close time").
- Methods that are prohibited for taking or capturing wild birds, such as certain traps or decoys.
- The conditions under which birds can be kept in cages.
- The taking or destruction of wild bird eggs.
Who does this act apply to?
- Any person who might shoot, attempt to shoot, take alive, or kill wild birds.
- Individuals who sell, expose for sale, offer for sale, or possess wild birds recently taken or killed.
- Anyone who uses specific prohibited devices or methods for capturing birds or keeps birds in confined cages.
What are the key points?
- It is generally unlawful to shoot, attempt to shoot, or use traps/snares to take or kill wild birds between March 1st and July 31st.
- Selling or possessing recently taken or killed wild birds is prohibited during the close time, except for the first fifteen days.
- Using live tethered birds as scarecrows or suffering decoys, bird-lime, or hooks to take wild birds is an offense, with penalties up to five pounds or fourteen days imprisonment.
- Affixing spring-traps, gins, or similar instruments on poles, trees, or cairns that can injure wild birds is an offense, with penalties up to forty shillings for a first offense and five pounds for subsequent offenses.
- Keeping a bird in a cage that does not allow it to freely stretch its wings and exercise is an offense, with a penalty not exceeding five pounds.
Other legislation
Legal text
Legal text
Wild Birds Protection Act, 1930 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1930 Wild Birds Protection Act, 1930 Wild Birds Protection Act, 1930 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 16 of 1930.
WILD BIRDS PROTECTION ACT, 1930.
ARRANGEMENT OF SECTIONS Section
Section 1
Definition of terms.
Section 2
The close time for wild birds.
Section 3
Special permissions to take or kill wild birds.
Section 4
Prohibition of the use of live decoy birds, bird-lime, &c.
Section 5
Traps on poles, trees or cairns.
Section 6
Prohibition of keeping birds in confined cages.
Section 7
Prohibition of taking or destroying eggs.
Section 8
Prohibition of export of wild birds.
Section 9
Court may order forfeiture.
Section 10
Publication of orders.
Section 11
Orders to be laid before each House of the Oireachtas.
Section 12
Expenses.
Section 13
Repeals.
Section 14
Short title.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
Number 16 of 1930.
WILD BIRDS PROTECTION ACT, 1930.
AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE PROTECTION OF WILD BIRDS. [10th June, 1930.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:— Definition of terms.
1.—In this Act— the expression “the Minister” means the Minister for Justice; the expression “wild birds” means and includes all wild birds, other than game birds within the meaning of the Game Preservation Act, 1930.
The close time for wild birds.
2.—(1) It shall not be lawful for any person during the period between the 1st day of March and the 31st day of July, both days inclusive (in this Act referred to as the close time) in any year— (a) knowingly and wilfully to shoot or attempt to shoot any wild bird, or (b) to use any boat for the purpose of shooting or causing to be shot any wild bird, or (c) to use any trap, snare, net, or any other instrument for the purpose of taking alive or killing or attempting to take alive or kill any wild bird, or (d) except during the first fifteen days of the close time, to sell or expose or offer for sale or have in his possession or control any wild bird recently taken alive or killed.
Special permissions to take or kill wild birds.
3.—(1) The Minister may by order made on the application of the council of a county or a county borough permit, for special reasons stated in such application, the taking alive or the killing or both the taking alive and the killing in such county or county borough or any particular part or parts thereof of any particular kind of wild birds in every year or any particular years or year during the whole or any particular part of the period which is by virtue of this Act or an order made under this Act the close time for that kind of wild birds in such county or county borough or such particular part or parts thereof, and may by any subsequent order made on the like application revoke or amend any such first-mentioned order.
Prohibition of the use of live decoy birds, birdlime, &c.
4.—Every person who shall do any of the following things, that is to say:— (a) use as a scarecrow any live bird which is tethered, or (b) use as a decoy any live bird which is so tethered or is so secured by means of braces or other similar appliances as to cause suffering, or which is blind, maimed or injured, or (c) use bird-lime or any substance of a like nature for the purpose of taking or capturing alive or attempting to take or capture alive any wild bird, or (d) take or attempt to take any wild bird by means of a hook or other similar instrument, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds or at the discretion of the Court to be imprisoned for any term not exceeding fourteen days.
Traps on poles, trees or cairns.
5.—Every person who, on any pole, tree, or cairn of earth or stones, shall affix, place or set any spring-trap, gin, or other similar instrument calculated to cause injury to any wild bird coming in contact therewith and every person who shall knowingly permit or suffer or cause any such spring-trap, gin, or other instrument to be so affixed, placed or set shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding forty shillings and, in the case of a second or subsequent offence, to a penalty not exceeding five pounds.
Prohibition of keeping birds in confined cages.
6.—(1) Any person who shall keep or confine a bird in any cage or other receptacle which shall not measure sufficient in height, length, and breadth to permit such bird freely to stretch its wings and exercise itself shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.
Prohibition of taking or destroying eggs.
7.—(1) The Minister may by order made on the application of the council of a county or a county borough prohibit, for reasons stated in such application, the taking or destroying either generally or in any particular years or year in such county or county borough or any particular parts or part thereof of the eggs of any wild bird whatsoever or any particular kinds or kind of wild bird, and the Minister may by any subsequent order made on the like application revoke or amend any such first-mentioned order.
Prohibition of export of wild birds.
8.—Every person who shall export, or attempt to export, or cause to be exported or attempted to be exported, from Saorstát Eireann for the purpose of sale any live wild bird of any of the kinds of wild birds specified in the Second Schedule to this Act shall be guilty of an offence under this section, and shall be liable on summary conviction thereof, in the case of a first offence to a penalty not exceeding ten shillings for each bird in respect of which the offence was committed and, in the case of a second or subsequent offence to a penalty not exceeding two pounds for each bird in respect of which the offence was committed or alternatively or in addition to such last mentioned penalty to be imprisoned for any term not exceeding fourteen days.
Court may order forfeiture.
9.—When any person is convicted of an offence under this Act the court may, in addition to any penalty that may be imposed, order any trap, net, snare, or decoy bird or any wild bird or any wild bird's egg in respect of which the offence was committed to be forfeited and disposed of as the court may direct.
Publication of orders.
10.—(1) Every order made by the Minister under this Act shall be published in the Iris Oifigiúil and a copy of the Iris Oifigiúil containing any such order shall be evidence of the same having been made and of the contents thereof.
Orders to be laid before each House of the Oireachtas.
11.—Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
Expenses.
12.—(1) Any expenses incurred by the Minister or by the Minister for Lands and Fisheries in carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
13.—(1) The Acts mentioned in the Third Schedule to this Act are hereby repealed.
Short title.
14.—This Act may be cited as the Wild Birds Protection Act, 1930.
FIRST SCHEDULE.
Bittern Kittiwake Shearwater or Mackerel-Cock Blackbird Lark (all kinds) Black cap Linnet (all kinds) Shrike Black Guillemot Martin Siskin Bunting Merlin Spoonbill Bustard (all kinds) Nightjar Spotted Crake Californian Quail Osprey Stock-Dove Chough Owl (all kinds) Stonechatter Crossbill Oyster-catcher or Sea-pie Stone-Curlew Cuckoo Stonehammer Curlew Peregrine Falcon Swallow Dipper or Water-Ousel Petrel (all kinds) Swan Dotterel Phalarope Swift Dunlin or Sea-lark Pied Flycatcher Tern (all kinds) Finch (all kinds except Bullfinch) Puffin or Sea-Parrot Thrush (all kinds) Razorbill Tit (all kinds except Great Tit and Blue Tit) Fulmar Redshank Gannet Redstart Golden Oriole Red-throated Diver Tree-Sparrow Goldfinch Reed-Sparrow Turtle-Dove Grebe (all kinds) Reed-Warbler Wagtail (all kinds) Greenshank Ringed Plover Water-Rail Guillemot (all kinds) Rock-Dove Wood-lark Hobby Roller Woodpecker Hoopoe Sand-Grouse Wryneck Kingfisher Sandpiper (all kinds) Yellow-hammer SECOND SCHEDULE.
Chough Linnet Sky-lark Crossbill Peregrine Falcon Twite Goldfinch Redpoll Woodlark Kingfisher Siskin THIRD SCHEDULE.
Wild Birds Protection Act, 1880 (43 & 44 Vic., c. 35).
Wild Birds Protection Act, 1881 (44 & 45 Vic., c. 51).
Wild Birds Protection Act, 1894 (57 & 58 Vic., c. 24).
Wild Birds Protection Act, 1902 (2 Edw. VII., c. 6).
Wild Birds Protection Act, 1904 (4 Edw. VII., c. 4).
Wild Birds Protection Act, 1908 (8 Edw. VII., c. 11).
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