(a) any protected wild bird or protected wild animal, (b) the dead body, carcase or any other part either of a protected wild bird or protected wild animal, (c) eggs of a protected wild bird.
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(2)Every package, parcel, box or other container to which this section applies shall, if transported, whether by hand or otherwise, be marked conspicuously either on the outside thereof or on a label attached thereto, so as clearly to indicate— (a) that the package, parcel, box or other container contains protected wild birds or protected wild animals, as may be appropriate, and (b) the name and address of the consignor.
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(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) or (c) of subsection (1) of this section shall be guilty of an offence.
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(4)In any proceedings for an offence under this section, it shall be a good defence to show that a package, parcel, box or other container to which the alleged offence relates did not contain at the time of the alleged offence protected wild birds or protected wild animals other than the following, namely, a protected wild bird or an exempted wild mammal lawfully hunted by virtue of an order under section 24 or 25 of this Act or the dead body or any part of such a protected wild bird or exempted wild mammal.
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Import of fauna and flora.
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52.—(1) The Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the importation, 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 of a species specified in the regulations, (b) the dead body or the carcase of a wild animal or wild bird which is of a species so specified, (c) any part, other than the carcase, or any product of a wild animal or wild bird which is a part or product so specified, (d) the eggs or spawn of a species of wild animal or wild bird which is so specified, (e) any plant of a species so specified, (f) the flowers or roots of any such plant, (g) any part, other than the flowers or roots, or any product of any such plant which is a part or product so specified.
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(2)The Minister may grant to a person a licence to import any thing the importation of which is prohibited by regulations made under subsection (1) of this section.
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(3)The Minister may authorise a person to grant on his behalf a licence mentioned in subsection (2) of this section.
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(4)Where an animal, plant or other thing is imported in contravention of this section, an officer of Customs and Excise may require any person (being the importer or carrier concerned) to export the animal, plant or other thing within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence and the animal, plant or other thing shall be killed or otherwise disposed of as the Minister directs.
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(5)Nothing in this section or in section 53 of this Act shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Destructive Insects and Pests (Consolidation) Act, 1958 , the Diseases of Animals Act, 1966 , or the Fisheries Acts, 1959 to 1974, or the functions of the Minister for Health under section 31 of the Health Act, 1947 , as amended by section 34 of the Health Act, 1953 .
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Export of fauna and flora.
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53.—(1) Subject to section 52
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(5)of this Act, the Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the export, 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) protected wild birds or protected wild animals of a species specified in the regulations, (b) the dead body or the carcase either of a protected wild bird or protected wild animal of a species so specified, (c) any part, other than the carcase, or any product of a wild animal or wild bird which is a part or product so specified, (d) the eggs or spawn of a species of wild animal or wild bird which is so specified, (e) wild plants which are of a species which is so specified and to which an order under section 21 of this Act for the time being applies, (f) the flowers or roots of any such wild plant, (g) any part, other than the flowers or roots, or any product of any such plant which is a part or product so specified.
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(2)The Minister may grant to a person a licence to export any thing the export of which is prohibited by regulations made under subsection (1) of this section.
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(3)The Minister may authorise a person to grant on his behalf a licence mentioned in subsection (2) of this section.
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(4)Any officer of the Minister for Posts and Telegraphs may detain and examine and if necessary open for that purpose any postal packet addressed to a place outside the State and containing, or suspected by him 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 the Minister for Posts and Telegraphs shall dispose of the packet and its contents in accordance with the instructions of the Minister.
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(5)Nothing in this section shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Agricultural and Fishery Products (Regulation of Export) Act, 1947 , or functions which are for the time being transferred to and vested in the Minister for Industry and Commerce by an order under section 5 of that Act.
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Saver in relation to Customs Acts.
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54.—No order or regulation made under or thing done in accordance with the provisions of this Act shall absolve the importer, exporter or other person concerned with the import or export of any animal, plant or other thing from complying with the relevant requirements of the Customs Acts in regard to the animal, plant or other thing concerned.
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PART IV
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Land and Waters Land purchase orders.
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55.—(1) For the purposes of this section— “land for transfer” means— (a) in case the Minister is satisfied that the relevant land is land held in commonage and where at least one of the owners of the land does not wish to sell pursuant to this section to the Minister his interest in the land, all that land other than the part thereof which is to be taken by way of exchange under this section, (b) in any other case, the relevant land; “land held in commonage” means land which is held by two or more persons (in this section referred to as owners in common) in common in undivided shares, whether as joint tenants or as tenants in common; “relevant land” means the whole of the land which either is, or is proposed to be, as the context may require, the subject of an order under this section; “remaining land” means, in relation to relevant land which the Minister is satisfied is land held in commonage and as regards which at least one owner does not wish to sell pursuant to this section his interest in the land to the Minister, all the land, apart from the land for transfer, comprised in the relevant land; “State annuity” has the same meaning as in section 12 of the Act of 1946.
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(2)Where— (a) the Minister wishes to purchase land, and (b) the purpose for which the Minister proposes to use the land is a purpose of this Act or of the Forestry Acts, 1946 and 1956, and (c) the ownership of the land is registered under the Registration of Title Act, 1964 , and, (d) (i) the vendor claims to have an interest in the land which enables him to offer to the Minister vacant possession of the land, or (ii) the vendor claims that the land is land held in commonage and that he has an interest therein which enables him to offer to the Minister an undivided share therein, and (e) the Minister receives— (i) in every case, a statement in writing signed by the vendor specifying the grounds on which his claim is based and stating that the vendor is willing to sell to the Minister the interest he claims to have in the land for a price agreed between the vendor and the Minister and specified in the statement, (ii) in case the vendor claims that the land is land held in commonage by him with only one other owner in common and where that owner is not willing to sell to the Minister his interest in the land, in addition to the aforesaid statement, a statement in writing signed by the other person concerned specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land a sole or exclusive interest in a part of the land which shall be specified in the statement, (iii) in case the vendor claims that the land is land held in commonage by him with two or more other owners in common and where those owners in common are not willing to sell to the Minister their interests in the land, in addition to the statement described in subparagraph (i) of this paragraph, a statement in writing by each person concerned and signed by him specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land an undivided share in common with the other owners in common apart from the vendor in a part of the land, which shall be specified in the statement, the Minister may, in his absolute discretion, make an order under this section (subsequently in this section referred to as a purchase order) in relation to the land.
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(3)A purchase order shall not be made by the Minister unless— (a) the Minister has caused a notice in the prescribed form of his intention to make the order and specifying the relevant land to be published at least two months previously in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the said land is situated and copies of the notice have been duly served on the vendor of the said land and on all other persons appearing to the Minister to have an interest in the said land, and (b) the Minister is unaware of any claim, other than the vendor's, to an interest in the land, or if there is a burden registered in a register maintained under the Registration of Title Act, 1964 , which affects the land, or where the Minister is aware of any other such claim, the burden or claim has been disposed of to the satisfaction of the Minister, the owner of the burden or the person making the claim, as may be appropriate, and any other person known to the Minister to be concerned.
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(4)Where the Minister makes a purchase order the following provisions shall have effect: (a) the order shall without further assurance vest in the Minister in fee simple the land for transfer free from all rights (including any public right) charges, burdens or other incumbrances or interests and from the claims of all persons who are interested in the said land, whether in respect of incumbrances or interests therein or otherwise howsoever, other than— (i) in case the said land is subject to a State annuity, that State annuity, (ii) such burdens (if any) as are specified in the order, (b) in case the relevant land is land held in commonage, as on and from the date of the order, the land shall cease to be held in common by the owners in common, and— (i) in case immediately before the making of the order the relevant land was held by the vendor and two or more other owners in common (being owners in common who are not willing to sell to the Minister their interests in the land), the order shall, without further assurance vest in fee simple in the other owners in common, and in only those owners in common, the remaining land which shall be held by them as tenants in common in shares proportionate to the proportions of their former shares, one to another, in the relevant land, (ii) in case immediately before the making of the order the relevant land was held by the vendor with only one other owner in common (being an owner in common who is not willing to sell to the Minister his interest in the land), the order shall vest in fee simple in the other owner in common the remaining land, (c) in respect of the interest of the vendor in the relevant land— (i) the order shall operate, as on and from the date thereof, to transfer and attach to the amount payable by the Minister to the vendor pursuant to subsection (6) of this section all estates, trusts and incumbrances subsisting in respect of that interest immediately before the date of the order, and (ii) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the interest, represent that interest for all purposes, (d) in respect of the interest of owners in common (if any) apart from the vendor in the relevant land— (i) the order shall operate, as on and from the date of the order, to transfer to the interest of those owners in common in the remaining land all estates, trusts and incumbrances subsisting in respect of the interest of those owners in common in the relevant land immediately before the date of the order, and
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(ii) the interest of those owners in common in the remaining land shall, as respects any rights or claims existing immediately before the date of the order to or against the interest of those owners in common in the relevant land, represent the last-mentioned interest of those owners in common for all purposes.
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(5)Where land for transfer becomes vested in the Minister by virtue of an order made under this section, the registering authority under the Registration of Title Act, 1964 , shall, upon production of a copy of the order under the official seal of the Minister, register the Minister in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land and the authority shall in addition cause such other alterations (if any) to be made in the appropriate such register as are appropriate having regard to the terms of the order.
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(6)On the making of a purchase order the Minister shall pay— (a) in case the Minister is then unaware of any claim to an interest in the land concerned, other than that of the vendor, or in case the Minister is aware of such other claim, either the Minister has received a statement referred to in subparagraph (ii) or subparagraph (iii) of subsection (2) (e) of this section or it has been agreed between the Minister and the person making the other claim that no payment is to be made by the Minister in respect of the claim, to the vendor an amount equal to the agreed purchase price, (b) in case a claim or claims to such an interest other than the claim of the vendor has or have been made and the Minister has agreed to make a payment in respect of such other claim, to any person making such other claim the amount which has been agreed in regard thereto and to the vendor such amount as has been agreed between the Minister and the vendor having regard to the other claim or claims, as the case may be.
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(7)A person who immediately prior to the making of a purchase order is entitled to an interest in the relevant land but who fails to bring to the notice of the Minister his claim to the interest prior to such making shall, as from such making, cease to have any interest in the said land and in lieu thereof shall be entitled to obtain compensation from the Minister in respect of the loss of the interest; provided that the application to the Minister for the compensation is made, within— (a) in case the person is a minor or a person of unsound mind, a period of six years from the date when such person ceases to be under such disability or dies whichever event first occurs, but not more than thirty years after such making, (b) in any other case, a period of six years from the date of the purchase order.
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(8)Compensation payable by the Minister pursuant to subsection (7) of this section shall, in default of agreement, be fixed by the Lay Commissioners under section 31 of the Act of 1946 as if it were compensation for an interest in vested land within the meaning of Part III of that Act.
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(9)Subject to paragraphs (a) and (b) of subsection (7) of this section, compensation under that subsection may be paid to the personal representative of a person entitled thereto.
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(10)Where the Minister pays compensation under subsection (7) of this section pursuant to an application in that behalf, he may, if he thinks fit, require the person who agreed with him to sell an interest in land to which the application relates to pay to him— (a) in case the amount of the compensation does not exceed the amount paid by the Minister to the person pursuant to subsection (6) of this section, an amount equal to the compensation, (b) in case the compensation exceeds the amount so paid, the amount so paid, and in case a person fails to pay to the Minister an amount duly required to be paid to him under this section, that amount shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.
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(11)Where a purchase order is made in respect of land (in this subsection referred to as the transferred land) which immediately before the date of the order was subject in conjunction with other land to a State annuity, the following provisions shall apply: (a) the Minister shall give notice of the making of the order to the authority to whom the State annuity is payable, (b) the said authority shall, as soon as may be after the receipt of the notice, do one of the following things, namely— (i) apportion, with effect as on and from the day immediately preceding the date of the purchase order, the State annuity in such manner as the authority considers proper between the transferred land and all or part of the other land, or (ii) declare the whole of the State annuity to be exclusively charged, with effect as on and from the day immediately preceding the date of the purchase order, on either the transferred land or all or part of the other land.
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(12)A purchase order shall have attached thereto a map or plan showing the land to which the order relates.
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(13)No stamp duty shall be payable on any purchase order nor shall any fee be payable in respect of proceedings in the Land Registry under subsection (5) of this section.
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Management etc. of certain land acquired, held or used by the Minister.
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56.—(1) All land acquired or vested in the Minister under the Forestry Acts, 1919 and 1928, or the Forestry Acts, 1946 to 1976, or so vested by virtue of the Forestry (Redistribution of Public Services) Order, 1933, other than land which the Minister considers to be land to which subsections (1) and (2) of this section should not apply and in relation to which a direction (which he is hereby empowered to give) that those subsections shall not apply to the land is given by him and is in force, shall stand held by him both for the purposes of the Forestry Acts, 1946 to 1976, and for the purposes of this Act 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 growth of forest crops, (b) the conservation of wildlife, (c) the management and exploitation of hunting and fishing resources, (d) other purposes ancillary to any of the foregoing, including the promotion of scientific knowledge, amenity, or recreational or educational purposes.
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(2)Where the Minister considers that land, being land acquired by or vested in the Minister in the manner mentioned in subsection (1) of this section, is not suitable for any purpose mentioned in that subsection, such land may be managed or used or otherwise dealt with by the Minister in such manner as he thinks fit, and in case land so acquired or vested is not immediately required for use for such a purpose, pending its use therefor the land may be used in such manner as the Minister thinks fit.
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(3)The Minister may make such charges (if any) to the public as he considers appropriate for public access to, or use for car-parking or any other purpose of, any land managed or used by him for a purpose mentioned in subsection (1) of this section.
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State ownership of certain inland waters.
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57.—(1) Where the Minister is of opinion that there is a doubt as to whether or not any lake or other inland waters belong to the State but, in his opinion, it is likely that the lake or other inland waters do so belong, he may, after consultation with the Minister for Agriculture and Fisheries, publish a notice in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the lake or other inland waters are situate requiring either, as may be stated in the notice— (a) any person who claims to have or to be entitled to enjoy an interest in or over the lake or other inland waters (which shall be specified in the notice) or, in the case of a lake, in or over the lakeshore accretion (if any) from the lake, or (b) any person who claims to have or to be entitled to enjoy an interest, other than a right of fishing, in or over the lake or other inland waters (which shall be so specified) or in or over such lakeshore accretion, to furnish to the Minister within a period specified in the notice (being a period of not less than two months from the date of the publication in the Iris Oifigiúil) particulars of the interest together with an abstract (accompanied by copies of all abstracted documents) of his title to the interest or of the grounds on which the claim is based.
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(2)Where a person furnishes to the Minister particulars required by a notice under subsection (1) of this section, the Minister shall pay to the person all costs necessarily and reasonably incurred by him in relation thereto.
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(3)Where a notice is published under subsection (1) of this section, if in relation either to the whole of the inland waters and lakeshore accretion (if any) to which the notice relates or to a part of those waters or that lakeshore accretion (if any) either— (a) there is not furnished by any person within the period specified particulars of an interest duly supported by the abstract and copies of documents required by the notice, or (b) the period so specified has expired and the Minister acquires by agreement all interests particulars of which have been furnished to him pursuant to this section, then, the Minister may by order declare that the fee simple— (i) in case the requirements of paragraph (a) or paragraph (b) of this subsection are complied with as regards the whole of the said inland waters and lakeshore accretion (if any), in the land covered by the waters to which the notice relates or, in the case of a lake, comprised in any lakeshore accretion from the lake to which the notice relates, belongs to the State, (ii) in case the said requirements are complied with only as regards a particular part of the said inland waters, or a particular part of any such lakeshore accretion, or a particular part of the said inland waters and lakeshore accretion, in the land covered by the said part of the said inland waters, or comprised in the said part of the said lakeshore accretion, or in such land and so comprised, as may be appropriate, belongs to the State, together with any interest in or over the said land or waters which is inferior to the aforesaid fee simple; provided that in case the particulars required by the notice to be furnished to the Minister are particulars of interests other than rights of fishing, the terms of the declaration shall be framed so as not to include rights of fishing.
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(4)A declaration made under this section shall operate as regards the land to which it relates in accordance with its terms and shall be conclusive evidence of the matters declared and shall not be questioned in any legal proceedings.
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(5)Where the Minister makes a declaration under this section and a person subsequently proves that but for the making of the declaration he would have an interest (whether vested or contingent) in or over the land or lake or other inland waters to which the declaration relates, the person shall be entitled to be paid compensation by the Minister in respect of the interest.
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(6)A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919 in like manner in all respects as if such claim arose in relation to compulsory acquisition of land.
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(7)Nothing in this section shall restrict, prejudice or affect the functions of sanitary authorities or the Minister for Local Government under the Local Government (Sanitary Services) Acts, 1878 to 1964, or the Water Supplies Act, 1942 .
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Right to hunt on or over territorial seas of State vested in State.
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58.—(1) It is hereby declared that the right to hunt fauna in or over the portion of the sea which is the territorial seas of the State belongs to the State.
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(2)It shall not be lawful for a person without the permission of the Minister, to hunt fauna on, in or over any part of the portion of the sea mentioned in subsection (1) of this section.
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(3)Any person who contravenes subsection (2) of this section shall commit a trespass.
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(4)Nothing in this section shall operate to prejudice any legal proceedings which may be instituted apart from this section 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.
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Regulations permitting and regulating public access to certain land.
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59.—(1) Subject to subsections (3), (4) and (7) of this section, the Minister may make regulations permitting the public generally or any particular class or section of the public or the members of any body of persons which is of a particular class or description or the members of a particular body of persons, to have access to and use in accordance with the regulations— (a) foreshore which is the property of the State, (b) land (in this section subsequently referred to as a refuge) to which a designation order applies, (c) any land (including land covered by inland waters) to which an establishment order applies and which is land owned by the State but in which the Minister has not a joint or several interest (which land is so referred to as a State land nature reserve), (d) land other than foreshore mentioned in paragraph (a) of this subsection, which forms the seabed under part of the territorial seas of the State and to which an establishment order applies (which land is so referred to as a seabed nature reserve).
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(2)Regulations under this section may apply to all foreshore which is the property of the State, every refuge, State land nature reserve and seabed nature reserve, or to any such foreshore or any refuge, State land nature reserve or seabed nature reserve which is of a particular class or description, or to particular such foreshore or a particular refuge, State land nature reserve or seabed nature reserve.
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(3)Regulations under this section which apply to foreshore shall regulate access to or use of such foreshore to such extent as the Minister considers necessary for the conservation of wildlife and such regulations shall be made by him only after consultation with the Minister for Transport and Power, and in addition to the foregoing, where the regulations relate to foreshore other than foreshore which is held by the Minister, they shall be made only after consultation with— (a) in case such foreshore is held by the Commissioners, the Commissioners, (b) in any other case, the Minister of State by whom the foreshore is held.
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(4)Regulations under this section which apply to a refuge shall regulate access to or use of the refuge to such extent as is necessary to enable the relevant designation order to have full effect.
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(5)(a) Subject to subsection (7) of this section and paragraph (b) of this subsection, the Minister may by regulations permit and regulate access to and use by the public generally of land to which either a recognition order applies or an agreement under section 18 of this Act relates. (b) Regulations shall be made by the Minister under this subsection only on the request and with the agreement of— (i) in case the regulations relate to land to which a recognition order applies, the owner of such land, (ii) in case the regulations relate to land to which an agreement under the said section 18 relates, all the parties to the agreement (other than the Minister, where the Minister is such a party).
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(6)Subject to subsection (7) of this section, the Minister may, at the request and with the agreement of a board established pursuant to section 14 of this Act, by regulations permit and regulate the access to and use by the public generally of any land held by that board.
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(7)Regulations made— (a) under subsection (5) or subsection (6) of this section, (b) under subsection (1) of this section which regulate access to foreshore or to a refuge (not being a refuge held by the Minister) to which, immediately before the commencement of this section, the public generally had access, shall be made by the Minister only after consultation with any planning authority any part of whose area the relevant foreshore adjoins or within whose area the relevant land, or any part thereof, is situate.
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(8)(a) Regulations under this section which have effect in relation to land held by the State shall, if the State ceases to hold the land to which they apply, thereupon cease to have effect in relation to the land. (b) Regulations under this section which have effect in relation to land to which a designation order or a recognition order, as the case may be, for the time being applies shall, if the order is revoked, thereupon cease to have effect in relation to the land. (c) Regulations made pursuant to subsection (6) of this section shall cease to have effect if and when the board at whose request they were made is dissolved or if it otherwise ceases to hold the land in respect of which the regulations were made.
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(9)Where the Minister makes regulations under this section, he shall, as soon as may be after such making, cause a copy of the regulations to be sent to the Board and to any planning authority— (a) in case the regulations affect foreshore, any part of whose area that foreshore adjoins, (b) in any other case, within whose area the refuge or other land concerned, or any part thereof, is situate.
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(10)Where the Minister decides to permit, whether by means of bye-laws, rules, regulations or otherwise, the public generally to have access, subject to specified conditions, for educational or leisure purposes to land held by the Minister, he shall, as soon as may be, give to the Board and to any planning authority in whose area the land or any part thereof, is situate particulars of his decision and in case the Minister varies or revokes such a decision he shall likewise inform the Board and such planning authority of the variation or revocation.
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(11)In case the Minister permits, subject to specified conditions and whether by means of bye-laws, rules, regulations or otherwise, access for educational or leisure purposes to land held by him, any person who fails to comply, whether by act or omission, with any such condition shall be guilty of an offence.
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Creation of rights of way.
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60.—(1) Where the Minister requires in connection with any land held by him either for the purposes of this Act or partly for such purposes and partly for the purposes of the Act of 1946, a right of way by a particular route over any other land, he may make an application to the Lay Commissioners pursuant to section 21 (1) of the Act of 1946 and, for the purposes of this section, the first reference in the said section 21 (1) to land shall be construed as including a reference to land held by the Minister either for the purposes of this Act or partly for such purposes and partly for the purposes of the Act of 1946.
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(2)Where the Minister makes, by virtue of this section, an application under section 21 (1) of the Act of 1946, thereupon the provisions of paragraphs (a) to (h) of that section shall have effect and section 3 of that Act shall apply in relation to the application.
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(3)Subsections (2) to (7) of section 21 of the Act of 1946 shall apply to an application made under subsection (1) of that section by virtue of this section in the same manner as they would apply if the application had been made in the ordinary course under subsection (1) of that section.
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Extinguishment of easements.
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61.—(1) Where any land held by the Minister for the purposes of this Act, or partly for those purposes and partly for the purposes of the Act of 1946, is subject to any easements, the Minister may apply to the Lay Commissioners for an extinguishment order extinguishing such easements or any one or more of them.
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(2)The provisions of subsections (2) to (12) of section 19 of the Act of 1946 shall apply in relation to an application, made by virtue of subsection (1) of this section, for an extinguishment order in the same manner as if the application were made under subsection (1) of the said section 19, and section 3 of the Act of 1946 shall apply in relation to the application.
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(3)In this section “extinguishment order” has the meaning assigned to it by section 19 of the Act of 1946.
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PART V
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Amendment of Enactments Amendment of section 3 of Firearms Act, 1925.
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62.—
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Section 3
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of the Firearms Act, 1925 , is hereby amended by— (a) the addition to subsection (1) of the following : “but before granting the certificate the Superintendent shall require the person to state in writing whether or not, if the certificate is granted, he intends to use the firearm to which the application relates to kill exempted wild mammals within the meaning of the Wildlife Act, 1976, (other than hares) and in case the person indicates that he intends so to use the firearm, the certificate shall be granted only on the production by the applicant of a current licence granted to him by the Minister for Lands pursuant to section 29 (1) of that Act.”; and (b) the addition to subsection (2) of— “but before granting the certificate the Minister shall require the person applying for the certificate to state in writing whether or not, if the certificate is granted, he intends to use the firearm to which the application relates to kill exempted wild mammals within the meaning of the Wildlife Act, 1976, or protected wild birds within such meaning and to which an order under section 24 of that Act for the time being applies, and in case the person indicates that he so intends to use that firearm, the Minister shall grant the certificate only on production by the applicant of a current licence granted to him by the Minister for Lands pursuant to section 29 (2) of that Act.”.
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Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946.
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63.—(1) (a) Section 9 of the Act of 1946 shall be construed as enabling the Minister— (i) to acquire under that section land which is, or, as the case may be, rights over land which are, required by him either for the purposes of this Act or partly for such purposes and partly for purposes mentioned in subsection (1) (a) of that section, (ii) to purchase or take on lease any buildings or works required in connection with his functions under this Act. (b) The powers conferred on the Minister by section 9 of the Act of 1946 shall be construed as enabling the Minister to sell or let land acquired by the Minister by virtue of this section, or partly by virtue of this section and partly under the said section 9, or exchange any such land for any other land and (where requisite on any such exchange) pay or receive money for the equality of exchange or grant rights on or over any such land or in relation to buildings or works held by the Minister for the purposes of this Act or for the purposes both of this Act and of the Act of 1946.
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(2)Where, in making an application under section 21 (1) of the Act of 1946, including any application under that section made by virtue of section 60 of this Act, the Minister requests the required right of way, if created, to be expressed as including and operating to confer on him the power to permit either the public generally or any particular section of the public, which for the time being is specified by the Minister in relation to the right of way, to pass and repass at all times or at such times as the Minister may permit, and with or without vehicles or animals as he may so specify, over the land over which the right of way will be exercisable, the following provisions shall have effect: (a) the Minister shall refer to the request in any notice served under paragraph (a) of the said section 21 (1), and (b) if the Lay Commissioners in determining the application decide to allow the request in whole or in part, the order made on the application shall be so expressed and shall operate accordingly, and for the purposes of this section paragraph (b) of subsection (2) of the said section 21 shall be construed and have effect as if “together with the power to permit the public generally or any section of the public which is for the time being specified by the Minister in relation to the right of way to pass and repass, at all times or at such times as the Minister may permit and with or without vehicles or animals as he may specify, over the land over which the right of way is exercisable” were added to the paragraph.
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(3)Section 22 of the Act of 1946 shall apply in relation to land which the Minister considers it desirable to acquire for the purposes of this Act or partly for those purposes and partly for the purposes of the Act of 1946 and section 23 of that Act shall apply in relation to land which the Minister desires to acquire for any of the purposes aforesaid in the same manner as it applies to land which the Minister desires to acquire for the purposes of the Act of 1946.
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(4)For the avoidance of doubt it is hereby declared that subsections (2) to (16) of section 23 and sections 24 to 34 of the Act of 1946, as amended by section 6 of the Act of 1956, together with sections 4 and 5 of the Act of 1956, shall apply in relation to the acquisition by virtue of this section of land under subsection (1) of the said section 23.
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(5)Section 58 of the Act of 1946 is hereby amended as follows: (a) subsection (1) shall have effect as if the words “rabbits or”, wherever they occur, were deleted, and (b) the following is hereby substituted for subsection (3): “(3) Each of the following shall be vermin for the purposes of this section— (a) any wild bird which is not a protected wild bird within the meaning of the Wildlife Act, 1976, (b) any wild animal (other than a bird) which is not a protected wild animal within the meaning of that Act.”
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Amendment of First Schedule to State Property Act, 1954.
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64.—The First Schedule to the State Property Act, 1954 , is hereby amended by the substitution in paragraph 1 of “the Forestry Act, 1946 , or under the Wildlife Act, 1976” for “the Forestry Act, 1946 (No. 13 of 1946)” and the said paragraph 1, as so amended, is set out in the following Table :
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TABLE 1. Any land vested in the Minister for Lands by virtue of the Forestry (Redistribution of Public Services) Order, 1933 ( S.R. & O., No. 158 of 1933 ), or acquired under the Forestry Acts, 1919 and 1928, or under the Forestry Act, 1946 , or under the Wildlife Act, 1976.
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Amendment of Firearms Act, 1964.
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65.—(1) The Firearms Act, 1964 , is hereby amended by— (a) the substitution of “protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976,” for “game” both in section 3 (1) and section 12 (1), (b) the addition to section 3 (2) of “, but an order under this subsection shall not extend for more than a month a period mentioned in subsection (1) of this section”, and (c) the substitution both in subsection (3) and in subsection (4) (a) of section 3 of “such protected wild animals or wild birds” for “game”.
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(2)Sections 3
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(1), 3
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(2), 3
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(3), 3
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(4)(a) and 12
\n
(1)of the Firearms Act, 1964 , as amended by subsection (1) of this section, are set out in paragraphs 1, 2, 3, 4 and 5, respectively, of the Table to this section.
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TABLE 1.—(1) The Minister may, on its being represented to him by the Minister for Lands that it is necessary to do so in the interests of the preservation of protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976, make an order prohibiting the use or carriage of firearms or of firearms of such class or classes as may be specified in the order in a public place or on any lands either throughout the State or in such area or areas as may be specified in the order during such period, not exceeding one month, as may be specified in the order.
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2.—(2) The Minister may by order, made after consultation with the Minister for Lands, amend or revoke an order under this section, including an order under this subsection, but an order under this subsection shall not extend for more than a month a period mentioned in subsection (1) of this section.
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3.—(3) An order under this section shall not apply in relation to the use or carriage of firearms by members of the Defence Forces or the Garda Síochána or to the use or carriage of a firearm by a person to whom the Superintendent of any district has granted a permit which is in force to use and carry a firearm for a purpose (other than the shooting of such protected wild animals or wild birds) specified in the permit in that district during a period specified in the permit, if the firearm is being used and carried in accordance with the terms of the permit.
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4.—(4) (a) Whenever an order under subsection (1) of this section is in force in relation to any district, the Superintendent of that district may, in his absolute discretion, grant to any person a permit to use and carry in that district for a purpose (other than the shooting of such protected wild animals or wild birds) specified in the permit during a period specified in the permit a firearm to the use or carriage of which the order applies.
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5.—(1) Where the firearm described in a firearm certificate is a shotgun, the certificate may be expressed, and in such case shall operate, to authorise the use of the gun only for killing animals or birds other than protected wild animals or protected wild birds within the meaning of the Wildlife Act, 1976, by the person to whom the certificate is granted either (as may be expressed in the certificate)— (a) on land occupied by him, or (b) on land occupied by another person.
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Amendment of section 69 of Registration of Title Act, 1964.
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66.—
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Section 69
\n
of the Registration of Title Act, 1964 , is hereby amended by the insertion in subsection (1) of the following paragraph after paragraph (r): “(rr) an agreement under section 18 of the Wildlife Act, 1976, which provides that it shall be enforceable against persons deriving title to the relevant land under a party to the agreement;”.
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Restriction of Part V of Protection of Animals (Amendment) Act, 1965.
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67.—
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Part V
\n
of the Protection of Animals (Amendment) Act, 1965 , shall be deemed to apply neither to protected wild birds nor to protected wild animals.
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PART VI
\n
Miscellaneous Inspection of land.
\n
68.—(1) Any person appointed in writing by the Minister under section 11 of the Act of 1946 to be an authorised officer for the purposes of that section (which person is subsequently in this section referred to as an authorised officer) may at any reasonable time enter on, inspect and survey any land for the purpose of ascertaining whether there are fauna on the land which are in need of protection under section 17 of this Act, or for any other purpose (apart from the purpose mentioned in subsection (2) of this section) in connection with the performance by the Minister of his functions under this Act.
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(2)An authorised officer may at any reasonable time enter on and inspect any land to which a recognition order relates to ascertain whether or not the objectives indicated in the order are being, or have been, attained, or, where attained, are being maintained.
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(3)An authorised officer entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made.
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(4)Before an authorised officer enters under subsection (1) of this section on any land, he shall either obtain the consent, in the case of occupied land, of the occupier, or, in the case of unoccupied land, of the owner, or shall give to the owner or occupier, as the case may be, not less than fourteen days' notice in writing of his intention to make the entry.
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(5)A person to whom a notice of intention to enter on land has been given under this section by an authorised officer may, not later than fourteen days after the giving of such notice, apply, on notice to such officer, to the Justice of the District Court having jurisdiction in the district court district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the Justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the officer making the entry.
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(6)Where a Justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under subsection (1) of this section on the land, and where a Justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under the said subsection (1) land shall observe the conditions so specified.
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Attempts etc. and miscellaneous other offences.
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69.—(1) A person who attempts to commit an offence under this Act, or who aids, abets, counsels or procures the commission of an offence under this Act, or who solicits or incites any other person to commit an offence under this Act shall be guilty of an offence.
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(2)Any person who, whether by act or omission, contravenes or fails to comply with regulations under this Act shall be guilty of an offence.
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(3)(a) A person who refuses or who fails to give his correct name and address on a demand therefor being duly made pursuant to section 72 or 73 of this Act shall be guilty of an offence. (b) Any person who without reasonable excuse fails to comply with a requirement made by a member of the Garda Síochána or by an authorised person under section 72 or 73 of this Act or who by act or omission impedes or obstructs such a member or person in the lawful exercise of a power conferred by this Act shall be guilty of an offence and if, in the case of a continuing offence, the impediment or obstruction is continued after conviction, he shall be guilty of a further offence.
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(4)A person who, in purported compliance with any obligation to give information to which he is subject by virtue of this Act, gives any information which he knows to be false in a material particular or recklessly gives information which is so false shall be guilty of an offence.
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(5)Any person who conceals from a person lawfully exercising a power under section 72 or 73 of this Act any specimen of flora or fauna or any part or product of such specimen or any thing which is a thing mentioned in section 73
\n
(1)of this Act shall be guilty of an offence.
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(6)Any person who contravenes a condition attached to a licence granted by the Minister under this Act shall be guilty of an offence.
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(7)Any person who, for the purpose of obtaining, whether for himself or another, the grant or renewal of a licence or permission under this Act— (a) makes any statement or gives information which he knows to be false in a material particular or recklessly gives information which is so false, or (b) produces or otherwise makes use of any book, record or other document which to his knowledge contains any statement or information which he knows to be false in a material particular, shall be guilty of an offence.
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Prosecution of offences.
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70.—(1) Summary proceedings for any offence under this Act may be prosecuted by the Minister.
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(2)Subject to section 44
\n
(4)of this Act, summary proceedings for any offence under this Act may be prosecuted by a person who is neither the Minister nor a member of the Garda Síochána with the consent of the Minister or an officer of the Minister, not below the rank of Assistant Secretary, nominated by the Minister for the purpose.
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(3)Notwithstanding section 10
\n
(4)of the Petty Sessions (Ireland) Act, 1851 , proceedings for any offence under this Act may be instituted at any time within one year after the date of the offence.
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Onus of proof.
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71.—In any proceedings for an offence under this Act, it shall not be necessary to— (a) negative by evidence the existence of any order under section 24 or 25 of this Act or any licence or permission under this or any other Act, (b) prove that any act which is the subject of the proceedings was not caused by or the result or effect of, or was not consequent upon any other thing lawfully done, and the onus of proving such licence or permission or that such act was so caused or was such a result or effect or was so consequent upon shall be on, in the case of such a licence or permission, the person seeking to avail himself thereof, or in any other case, the person against whom the proceedings are instituted.
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Powers of Garda Síochána and authorised persons.
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72.—(1) The Minister may appoint in writing a person to be an authorised person for the purposes of this Act.
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(2)A member of the Garda Síochána or an authorised person may, if he has reasonable grounds for suspecting that a person has committed an offence under Part II or under section 45 , 47 , 51 , 52 or 53 of this Act, at all reasonable times stop any person who is suspected by him of being in any way concerned in the offence and require the person to give his name and address and to declare and, if such member or authorised person, as the case may be, considers it necessary, to produce on demand for examination any specimen of fauna or flora or any part or product of any such specimen or any thing which is mentioned in subsection (7) of this section, which is in the person's possession and such member or authorised person may seize and detain any specimen or part or product of a specimen or any thing so produced which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.
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(3)A member of the Garda Síochána or an authorised person may, if he has reasonable grounds for suspecting that a person has committed an offence under Part II or under section 45 , 47 , 51 , 52 or 53 of this Act, at all reasonable times— (a) search any vehicle, vessel or aircraft which he reasonably suspects of being used to transport, export or import any specimen of fauna or flora or any part or product of any such specimen contrary to the said section 51, 52 or 53, and such member or authorised person, for the purpose of carrying out the search, may, if he thinks fit, require the person who for the time being is in control of the vehicle, vessel or aircraft to bring it to a stop or refrain from moving it, (b) open and examine any package, parcel, box or other container which he reasonably suspects is being so used, (c) require the person who is for the time being in control of a vehicle, vessel or aircraft mentioned in paragraph (a) of this subsection or any other person found thereon to furnish to him that person's name and address and to produce for examination any book, record or other document which relates to any specimen of fauna or flora or any part or product of fauna or flora and which is in the person's possession or under his control and, if known to the person, the name and address of the owner of any specimen of fauna or flora or any part or product of fauna or flora found in the course of the search, (d) inspect and, if he thinks fit, take copies of any entry in any book, record or other document produced pursuant to a requirement made under this subsection, and if— (i) such member or authorised person has reasonable grounds for suspecting that an offence has been or is being committed under this Act with or in relation to anything found in the course of the search, or (ii) a document so found is a record or other document which the member or person has reason to believe may be required as evidence in proceedings for an offence under this Act, the member or authorised person may seize and detain that thing or document and anything else so found which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.
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(4)(a) A member of the Garda Síochána or an authorised person may at any time for the purpose of exercising the powers conferred on him by subsection (2) and paragraph (a) of subsection (3) of this section enter on any land. (b) Paragraph (a) of this subsection shall not be construed as enabling a member of the Garda Síochána or an authorised person to enter buildings on land.
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(5)Every person authorised by the Minister under subsection (1) of this section shall be furnished with a certificate of his authorisation and when exercising a power under this Act shall, if requested by any person thereby affected, produce such certificate for inspection by the person.
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(6)Nothing in this section shall operate to prejudice any power to search or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.
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(7)The things referred to in subsection (2) of this section are a firearm, trap, snare, net, line, hook, arrow, dart or spear, or a similar device, instrument or missile calculated or likely to cause death or bodily injury to any wild bird or wild mammal coming in contact with it, birdlime or any substance of a like nature, poisonous, poisoned or stupefying bait, tracer shot or a gun or container mentioned in section 33
\n
(2)of this Act, and a decoy or electrical or other instrument, device or appliance mentioned in section 35
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(1)or 38 of this Act.
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Search warrants.
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73.—(1) If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of an authorised person or a member of the Garda Síochána that there are reasonable grounds for suspecting that a person is in possession on any premises or other land of— (a) a protected wild bird, (b) a protected wild animal, (c) the eggs of a protected wild bird, (d) the carcase or any other part of, or any product of a protected wild bird or protected wild animal, or (e) any plant or part or product of a plant which is of a species to which an order under section 21 of this Act applies, and that as regards the bird, animal, plant, part, product or other thing an offence under this Act has been or is being committed, such Justice or Commissioner may issue a search warrant under this section.
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(2)Subject to subsection (3) of this section, a warrant issued under this section shall be expressed and shall operate to authorise— (a) in case the relevant information is sworn by a member of the Garda Síochána, a member of the Garda Síochána named in the warrant, accompanied by such other members of the Garda Síochána or such authorised persons as may be reasonably necessary, (b) in case the relevant information is sworn by an authorised person, an authorised person named in the warrant, accompanied by such other persons as may be reasonably necessary, at any reasonable time or times within seven days of the issue of the warrant to— (i) enter and search, if need be by force, the premises or other land named in the warrant, (ii) require any person found on such premises or other land to furnish to him his name and address, (iii) require a person who is in occupation or is in control or is concerned in the management of the premises or other land to furnish to him his name and address and to produce, (A) any thing mentioned in subsection (1) of this section, (B) any books, records or other documents which relate to any thing so mentioned and which are in any such person's possession or under his control, and if known to such person, to furnish to him the name and address of the owner of any thing so produced, (iv) inspect and, if he thinks fit, take copies of any entry in any book, record or other document produced in pursuance of a requirement made pursuant to the warrant, and if the member or authorised person so named has reasonable grounds for suspecting that either, (A) an offence has been or is being committed under this Act with or in relation to anything found in the course of the search, or (B) a document so found is a record or other document which the member or authorised person has reason to believe may be required as evidence in proceedings for an offence under this Act, the member or authorised person may seize and detain that thing or document and anything else so found which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.
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(3)The powers conferred on an authorised person by a warrant issued under this section shall be exercisable by the person as regards a dwelling only if, and only for so long as, he is accompanied by a member of the Garda Síochána.
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Penalties.
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74.—(1) Where a person is guilty of an offence under this Act, not being an offence mentioned in subsection (2) or (3) of this section, subject to the said subsection (3), such person shall be liable on summary conviction— (a) in the case of a first offence under the particular section or subsection, to a fine not exceeding fifty pounds, (b) in the case of a second such offence, to a fine not exceeding one hundred pounds, and (c) in the case of a third or subsequent such offence, to a fine not exceeding two hundred pounds.
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(2)Where a person is guilty of an offence under section 69
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(2)of this Act because of a contravention of, or of a failure to comply with, regulations under section 59 of this Act or is guilty of any offence under this Act, being an offence committed on land to which an establishment order, a recognition order, a designation order or an agreement under section 18 of this Act relates, the person shall be liable— (a) on summary conviction to a fine not exceeding two hundred and fifty pounds, or (b) on conviction on indictment to a fine not exceeding five hundred pounds.
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(3)Where a person is guilty of an offence under section 21
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(4), 22
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(4), 23
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(5), 44
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(1), 45 , 51 , 52 or 53 of this Act and the flora or fauna in relation to which the offence was committed is of a species for the time being declared by regulations under this section to be a species to which this subsection relates, and the particular specimen to which the offence relates is of a species to which such regulations apply, such person shall be liable— (a) on summary conviction to a fine not exceeding two hundred and fifty pounds, or (b) on conviction on indictment to a fine not exceeding five hundred pounds.
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(4)Where the Minister is satisfied that a particular species of fauna or flora is in danger of extinction throughout the State or in a particular area of the State, he may by regulations declare the species to be one to which subsection (3) of this section relates and in case the Minister makes regulations under this section the regulations shall apply, as may be specified therein, either to every animal or plant of the species in the State or to every such animal or plant in a particular area of the State so specified.
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Power of court to revoke certain certificates and licences and to impose certain disqualifications.
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75.—(1) Where a person who holds— (a) a firearm certificate which by virtue of section 29
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(5)of this Act is deemed to be a licence granted under that section, or (b) a firearm certificate granted on the production of a current licence granted by the Minister to the person under section 29 of this Act, is convicted of an offence under
\n
Part II
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of this Act, the court by which the person in convicted may revoke the certificate mentioned in paragraph (a) of this subsection or the licence mentioned in paragraph (b) of this subsection, as may be appropriate, and disqualify the person from holding such a certificate or licence and such revocation and disqualification shall be for such period as the court thinks appropriate and shall be in addition to any other punishment imposed by the court in respect of the offence.
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(2)Where pursuant to subsection (1) of this section a court revokes a firearm certificate mentioned in paragraph (a) of that subsection, section 6 of the Firearms Act, 1925 (inserted by section 8 of the Firearms Act, 1964 ), shall apply as if the certificate had been revoked under section 5 of that Act; provided that in case the firearm described in such certificate is a shotgun, the Superintendent of the Garda Síochána of the district in which the holder of the certificate resides may, within three months of the revocation, if he thinks fit, grant under section 12 of the Firearms Act, 1964 , to such holder in respect of such shotgun a limited certificate within the meaning of the said section 12.
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(3)Where a court revokes a certificate or licence and imposes a disqualification pursuant to this section, the registrar or clerk of the court shall, as soon as may be, send to the Minister a copy of the court's order.
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Forfeiture.
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76.—(1) A court by which a person is convicted of an offence under this Act may order the interest of the person, whether as owner or otherwise, in any specimen of flora or fauna or any part or product of such a specimen or any firearm, trap, snare, net or other thing in relation to, or with, or by means of which, the court is satisfied the offence was committed to be forfeited.
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(2)A court shall not order anything to be forfeited under this section if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.
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(3)Where a court makes an order under this section in relation to a firearm and the person convicted of the offence under this Act which caused the order to be made is the owner of the firearm, the firearm shall be disposed of, either by sale or otherwise, in such manner as the Commissioner of the Garda Síochána authorises.
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(4)Where an order is made under this section in relation to— (a) a firearm other than a firearm to which subsection (3) of this section applies, or (b) anything other than a firearm, the following provisions shall apply: (i) in the case of a firearm, the firearm shall, as the court shall direct, either be returned to the person appearing to the court to be the owner or sold or disposed of in such other manner as the court thinks fit, and (ii) in the case of anything other than a firearm, the thing shall, as the Minister shall direct, either be returned to the person appearing to him to be the owner or sold or disposed of in such other manner as the Minister thinks fit.
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(5)Where a firearm or other thing is sold pursuant to this section, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
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Appeal against seizures.
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77.—Any person who is aggrieved by a seizure and detention under this Act may appeal to a Justice of the District Court and in determining the appeal the Justice may— (a) if he is satisfied that the document or other thing was properly seized, confirm the seizure and detention, and (b) if he is not so satisfied, order the person who made the seizure to return to the person the document or other thing seized and order the Minister to pay to the person such compensation (if any), costs (if any) and expenses (if any) as he considers reasonable having regard to any loss, costs and expenses incurred by the person by reason of the seizure and detention.
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Disposal of things seized.
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78.—(1) A person who, in accordance with this Act, has seized any document or other thing shall not dispose of it— (a) without the consent in writing of the owner or the person in apparent charge or control of it, or (b) in the case of any thing other than a document, unless a direction is given pursuant to this section by a Peace Commissioner for its disposal.
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(2)A person who under this Act has seized any thing may, on giving notice in writing to the owner or to the person who, when the seizure was made, was in apparent charge or control of it of his intention to do so, apply to a Peace Commissioner for a direction that the thing be disposed of (by destruction or otherwise) in a manner specified in the direction.
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(3)A Peace Commissioner to whom an application in that behalf is duly made under this section shall, if he is satisfied that any thing in respect of which the application is made is likely, before it can be used as evidence in proceedings for an offence under this Act, to become unfit for human consumption, or if he is satisfied for any other reason that the thing ought not to be further detained, give a direction under this section authorising its disposal (by destruction or otherwise).
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(4)Where a direction is given under this section, the person who applied for the direction shall, as soon as may be, give notice of the making of the direction to the person to whom notice was given pursuant to subsection (2) of this section.
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(5)Any person who is aggrieved by a direction under this section may, not later than seven days after the making of the direction, appeal to a Justice of the District Court against the direction and in determining the appeal the Justice may— (a) if he is satisfied that the direction was properly given and that, having regard to the circumstances of the case, the giving of the direction was reasonable, confirm the direction, and (b) if he is not so satisfied, annul the direction.
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(6)(a) Subject to paragraphs (c) and (d) of this subsection, a direction under this section shall not have effect until the expiration of seven days from the date of its making. (b) If an appeal to the District Court is taken against a direction under this section, the order shall, if the District Court confirms the direction, have effect at such time as that court determines. (c) If a Peace Commissioner is satisfied that for any reason a direction given by him under this section should have effect before the expiration of seven days from the date of its making and he specifies in the direction the time when it should so have effect, the direction shall have effect at the time so specified. (d) Where a thing is disposed of in accordance with a direction under this section and, on appeal, the District Court annuls the direction, the District Court may order the payment by the Minister to the owner of such compensation (if any), costs (if any) and expenses (if any) as it considers reasonable having regard to any loss, costs and expenses incurred by the owner by reason of the disposal under this section.
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(7)Where a Peace Commissioner gives a direction pursuant to this section, he shall, on the production to him of the thing to which the direction relates by the person applying for the direction, give to that person a certificate in the prescribed form describing the thing, stating that a direction under this section has been given by him in respect of it and, in case the thing is fauna, specifying any marks on, or peculiarities or other particulars of, the fauna of which he has been made aware by the person making the application and in any proceedings for an offence under this Act the certificate shall be accepted as sufficient evidence of the facts stated in the certificate until the contrary is shown by the defendant.
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(8)Moneys payable pursuant to a disposal under this section shall be paid to the Minister.
\n
First Schedule Enactments Repealed
\n
Section 10
\n
.
\n
Session and Chapter or Number and Year Short Title Extent of Repeal 10 Will. 3, c. 8 Deer Protection Act, 1698.
\n
The whole Act.
\n
27 Geo. 3, c. 35 Game Act, 1787.
\n
The whole Act.
\n
7 Geo. 4, c. 9 Night Poaching Act, 1826.
\n
The whole Act.
\n
25 & 26 Vict., c. 114 Poaching Prevention Act, 1862.
\n
The whole Act.
\n
No. 11 of 1930 Game Preservation Act, 1930 .
\n
The whole Act.
\n
No. 16 of 1930 Wild Birds Protection Act, 1930.
\n
The whole Act.
\n
No. 13 of 1946 Forestry Act, 1946 .
\n
Section 61
\n
.
\n
No. 10 of 1965 Protection of Animals (Amendment) Act, 1965 .
\n
Section 8
\n
.
\n
Second Schedule Provisions which may be included in an order under Section 14
\n
Section 14
\n
.
\n
1.The Board shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.
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2.The Board shall consist of a chairman and not less than a prescribed number of ordinary members.
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3.(1) Where the chairman or an ordinary member of the Board is nominated as a candidate for election to either House of the Oireachtas or as a member of Seanad Éireann, he shall thereupon cease to be a member of the Board.
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(2)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.
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4.The chairman and each ordinary member of the Board shall be appointed by the Minister and the Minister when making the appointment shall fix his term of office and, subject to such other provisions of this Schedule as may be relevant, he shall hold his office on such terms and conditions as the Minister, with the consent of the Minister for the Public Service, determines.
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5.A member of the Board may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
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6.The Minister may remove from office a member of the Board who has become incapable through ill-health of efficiently performing his duties or whose removal appears to the Minister to be necessary for the effective performance by the Board of its functions.
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7.A member of the Board (other than the chairman) may be appointed by the Minister from among his serving officers.
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8.A member of the Board shall be paid by the Board such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, determines.
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9.A member of the Board whose term of office expires by the effluxion of time shall be eligible for reappointment.
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10.Where a casual vacancy occurs among the members of the Board, the Minister shall appoint a person to fill the vacancy as soon as possible.
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11.(1) The Board shall keep in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.
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(2)The Board shall keep a profit and loss account and a balance sheet.
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(3)The Board shall keep such special accounts (if any) as the Minister, with the consent of the Minister for Finance, may from time to time direct.
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(4)All accounts kept pursuant to this Article shall be submitted by the Board to the Comptroller and Auditor General for audit.
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(5)Immediately after their audit, a copy of the accounts (including any special accounts) kept by the Board pursuant to this Article, a copy of the balance sheet (if any) and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
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12.There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Board in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with the Board in relation to its programme of expenditure for that year, may fix.
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13.(1) The Minister, with the consent of the Minister for the Public Service, may appoint such officers and servants as are in his opinion necessary to assist the Board in the performance of its functions.
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(2)The officers and servants so appointed shall hold office on such terms and receive such remuneration as the Minister for the Public Service determines.
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14.(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.
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(2)The Minister may fix the date, time and place of the first meeting of the Board.
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15.The quorum for a meeting of the Board shall be such as is specified in an order made under section 14 of this Act and which relates to the Board and is for the time being in force.
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16.Each member of the Board at a meeting thereof shall have a vote.
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17.Every question at a meeting of the Board shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the chairman shall have a casting vote.
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18.Subject to having a quorum, the Board may act notwithstanding a vacancy among its members.
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19.Subject to the provisions of any order made under section 14 of this Act and which relates to the Board, the Board may provide for any matters of procedure.
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20.The Board shall, as soon as may be after its establishment, provide itself with a seal.
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21.The Board may perform any of its functions through or by any of its officers duly authorised by the Board in that behalf.
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22.The seal of the Board shall be authenticated by the signature of two members of the Board or by the signature of a member of the Board and of an officer or servant of the Board authorised by the Board to act in that behalf.
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23.Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with Article 22 of this Schedule) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.
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24.(1) The Minister may, with the approval of the Minister for the Public Service, make and carry out according to its terms a scheme for the granting of pensions, gratuities or other allowances to or in respect of the chairman and ordinary members of the Board appointed in a wholetime capacity ceasing to hold office, other than persons in respect of whom an award under the Superannuation Acts, 1834 to 1963, may be made.
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(2)A scheme under this Article may provide that the termination of the appointment of the chairman or of an ordinary member of the Board during that person's term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.
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(3)The Minister may, with the approval of the Minister for the Public Service, amend a scheme made by him under this Article.
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(4)If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this Article, such dispute shall be submitted to the Minister who shall refer it to the Minister for the Public Service, whose decision thereon shall be final.
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(5)Every scheme made by the Minister under this Article shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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(6)Where an established civil servant is definitively transferred to the Board as a member thereof, the superannuation benefits to be granted to him shall, if the Minister for the Public Service in his discretion so directs, be calculated in accordance with the provisions of the Superannuation Acts, 1834 to 1963, as if, during the period of his service as a wholetime member of the Board subsequent to his transfer, he had been an established civil servant and had been paid during that period out of moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859 .
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25.(1) The Board may accept gifts of money, land or other property upon such terms and conditions (if any) as may be specified by the donor.
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(2)The Board shall not accept a gift if the conditions attached by the donor to the acceptance are inconsistent with the functions of the Board.
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(3)Any funds of the Board, being a gift or the proceeds of a gift to it, may, subject to any terms or conditions of the gift, be invested by the Board in any manner in which a trustee is empowered by law to invest trust funds.
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Third Schedule Species of wild birds excluded (subject to Section 22 (2)) from Sections 19 and 22 Sections 19 , 22 , 31 and 35 .
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Bullfinch Carrion Crow Greater Black-backed Gull Herring Gull Hooded (Grey) Crow House Sparrow Jackdaw Jay Lesser Black-backed Gull Magpie Pigeons, including Wood Pigeon, but not including carrier pigeons, racing homing pigeons or doves Rook Starling Fourth Schedule Fauna referred to in Section 22 (6) or 23 (8) Sections 22 and 23 .
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PART I
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Species of protected wild birds referred to in Section 22 (6) Buzzards Eagles Falcons Harriers Hawks Kites Osprey Owls
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PART II
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Species of protected wild animals referred to in Section 23 (8) Pine Marten Red Deer Seals Whales Fifth Schedule Animals referred to in Section 23
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Section 23.
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Land Mammals Badger Bat species Deer species Hare species Hedgehog Otter Pine Marten Red Squirrel Marine Mammals Dolphin species Porpoise species Seal species Whale species Amphibians Natterjack Toad Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais