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11 1930

GAME PRESERVATION ACT, 1930

PART I.

Preservation and Protection of Game.

Close season for various classes of game.

3. —(1) It shall not be lawful for any person to kill or take any game belonging to a class of game mentioned in the first column of the First Schedule to this Act during the period specified in respect of such class of game in the second column of the said First Schedule.

(2) The Minister may, on the application of the master or other person having charge of a pack of harriers, issue to such person a permit to hunt in any district specified in such permit with such pack of harriers during the month of March in the year in which such permit is issued, and whenever any such permit is so issued the taking and killing of hares by hunting with the pack of harriers in the district and during the period to which such permit relates shall not be a contravention of this section.

(3) The Minister may, on the application of a recognised coursing club, issue to such club a permit to hold coursing matches on the day or days specified in such permit between the 1st and the 18th day (both days inclusive) of the month of March in the year in which such permit is issued, and whenever any such permit is so issued the taking and killing of hares by coursing with not more than two dogs let loose from slips in pursuit of the hare at coursing matches held on a day specified in such permit by the recognised coursing club to whom such permit is issued shall not be a contravention of this section.

(4) Every person who kills or takes any game in contravention of this section shall be guilty of an offence under this Part of this Act and shall be punishable accordingly.

(5) In this Act and in every Act passed after the passing of this Act the expression “annual close season” in relation to game belonging to any of the classes of game mentioned in the first column of the First Schedule to this Act means the annual period of time within which the killing or taking of such game is prohibited by this Act.

Prohibition against killing game at night.

4. —(1) It shall not be lawful for any person at any time of the year to kill or take any game (other than mallard, teal, widgeon and other species of wild duck, brent goose, barnacle goose and other species of wild goose) during the hours between one hour after sunset and one hour before sunrise.

(2) Every person who kills or takes any game in contravention of this section shall be guilty of an offence under this Part of this Act and shall be punishable accordingly.

Sale of game in close season.

5. —(1) It shall not be lawful for any person to buy or sell or offer, expose or keep for sale any game during any part of the close season for such game except the first five days thereof.

(2) Every person who buys or who sells or offers, exposes, or keeps for sale any game in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof where the offence consists only of buying game, to a fine not exceeding ten pounds and in any other case, for a first offence to a fine not exceeding twenty pounds and for a second or any subsequent offence to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Protection orders in respect of game birds.

6. —(1) Whenever the Minister is satisfied that any particular species of game bird is in special need of protection in the whole or any particular portion of Saorstát Eireann he may by order (in this Act referred to as a game birds protection order) prohibit for any specified period not exceeding one year from the date of the order the killing or taking of that particular species of game bird in Saorstát Eireann or in any particular portion of Saorstát Eireann specified in the order.

(2) When a game bird protection order has been made under this section, the Minister may from time to time by order (in this section referred to as a continuation order) made before the expiration of such game birds protection order or the last continuation thereof (as the case may be) continue in force such game birds protection order for any period not exceeding one year from the date on which the same would otherwise have expired and may so continue in force such, game birds protection order either in respect of the whole area to which such order applied or in respect of any particular portion of such area.

(3) The Minister may at any time by order vary in any respect or revoke any game birds protection order or any continuation order made by him under this section.

(4) When a game birds protection order has been made under this section, it shall not be lawful for any person while such order continues in force to kill or take any game bird of the species to which such order relates in any part of Saorstát Eireann to which such order applies without or otherwise than in accordance with the permission of the superintendent of the Gárda Síochána for the district in which such game bird is killed or taken: Provided always that if the Superintendent of the Gárda Síochána unreasonably objects or refuses to grant such permission the person so applying may appeal to the Minister against such neglect or refusal of the superintendent of the Gárda Síochána to grant such permission and the Minister may grant permission to kill or take such game bird.

(5) Every person who kills or takes any game in contravention of this section shall be guilty of an offence under this Part of this Act and shall be punishable accordingly.

(6) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House within the next twenty-one days on which it has sat after such order is laid before it passes a resolution annulling such order such order shall be annulled accordingly without prejudice to the validity of anything previously done thereunder.

Protection orders in respect of hares.

7. —(1) The Minister may, if and whenever he thinks fit, by order (in this Act referred to as a hares protection order) prohibit either permanently or for any period specified in such order the killing or taking of hares in any particular county or part of a county specified in such order.

(2) The Minister may at any time by order vary in any respect or revoke a hares protection order made by him under this section.

(3) The Minister may, if he so thinks fit on the application of the occupier of any land in a county or part of a county to which a hares protection order relates, exempt by writing under his hand for such time and on such conditions as he thinks fit such land or any part thereof from such order, and upon such exemption being so granted such order shall not apply or relate to the land the subject of such exemption so long as such exemption continues in force.

(4) When a hares protection order has been made under this section, it shall not be lawful for any person while such order continues in force to kill or take hares in the county or part of a county to which such order relates by any means other than—

(a) by coursing with not more than two dogs let loose from slips in pursuit of the hare, or

(b) by hunting with a pack of harriers or of beagle hounds in respect of which a hunting permit has been issued under this Act by the Minister.

(5) Every person who kills or takes hares in contravention of this section shall be guilty of an offence under this Part of this Act and shall be punishable accordingly.

Permits for hunting hares.

8. —(1) When a hares protection order has been made under this Act, the Minister on the application of the master or other person having charge of a pack of harriers or of beagle hounds, may at any time while such order remains in force issue to such person a permit (in this Act referred to as a hunting permit) to hunt hares in the area or any particular part of the area to which such order relates with the said pack of harriers or of beagle hounds and to take and kill hares by means of such hunting.

(2) Every hunting permit issued under this section shall be transferable with the pack of harriers or of beagle hounds to which it relates and shall accordingly (unless revoked or surrendered under this section) continue in force notwithstanding any change in the ownership or in the mastership or custody of such pack and in particular notwithstanding that the person to whom such permit was issued ceases to be the master or person having charge of such pack.

(3) A hunting permit issued under this section may be revoked at any time by the Minister and may be surrendered at any time by the master or other person for the time being having charge of the pack of harriers or of beagle hounds to which the permit relates.

Prohibition of taking game by nets, etc.

9. —(1) Save as is otherwise provided by this Part of this Act, and subject to the exception mentioned in this section, it shall not be lawful for any person to do any of the following things, that is to say:—

(a) to kill or take any game by means of any trap, snare, or net, or

(b) to set in any place any trap, snare, or net for killing or taking game, or

(c) to set in any place frequented by game any trap, snare, or net whatsoever.

(2) This section shall not apply to nor render unlawful the setting by an occupier of land of traps, snares or nets for the taking of rabbits on the land occupied by him.

(3) Every person who kills or takes any game in contravention of this section or sets any trap, snare, or net in contravention of this section shall be guilty of an offence under this Part of this Act and shall be punishable accordingly.

Exemption for netting of hares for coursing.

10. —(1) Notwithstanding anything contained in any other section of this Act, it shall be lawful for any member, agent, or servant of a recognised coursing club who is duly authorised in this behalf in writing by a responsible officer of such club to take hares alive by means of nets at any time (other than during the annual close season) solely for the purposes of such club or to take hares alive by means of nets at any time between the 15th day of August in any year and the last day of February in the next following year (both days inclusive) in any year solely for use by such club in coursing matches.

(2) Notwithstanding anything contained in any other section of this Act, it shall be lawful for any person, with the permission in writing of the superintendent of the Gárda Síochána for the district in which he takes or proposes to take hares, to take hares alive by means of nets between the 15th day of August in any year and the last day of February in the next following year (both days inclusive) in any year solely for sale to a recognised coursing club for the purposes of such club and it shall be lawful for a responsible officer of a recognised coursing club to purchase hares so taken for such purposes.

(3) Any person who, having taken or claiming to have taken hares by virtue of an exemption conferred by this section, uses such hares for any purpose other than the purpose for which such exemption is so conferred shall be guilty of an offence under this Part of this Act and shall be punishable accordingly.

Exemption for netting of game birds and hares for re-stocking.

11. —(1) A superintendent of the Gárda Síochána may grant to any owner or occupier of land in the district for which he is such superintendent or to any person having the exclusive right of shooting on any such land permission in writing to take alive on such land, pheasants, partridge, or hares at any time by means of nets solely for the purpose of increasing the number or improving the quality of the pheasants, partridge, or hares (as the case may be) on such land or on any other land in Saorstát Eireann.

(2) A superintendent of the Gárda Síochána giving any such permission as is mentioned in the foregoing sub-section may attach to such permission such conditions (whether as to the duration of such permission, the land to which it relates, the number of birds or hares to be taken thereunder or any other matter) as he shall think fit and shall specify therein.

(3) When any such permission as is mentioned in the foregoing sub-sections of this section has been duly given to any person nothing in this Act shall render unlawful the taking of pheasants, partridge or hares (as the case may be) by such person under and in accordance with such permit nor shall such taking of pheasants, partridge or hares (as the case may be) by such person be an offence under this Part of this Act.

Protection of eggs of game birds.

12. —(1) It shall not be lawful for any person to take, destroy, or injure the eggs of any game bird or to destroy, remove or mutilate the nest of any such bird and every person who acts in contravention of this section shall be guilty of an offence under this Part of this Act and shall be punishable accordingly.

(2) Notwithstanding anything contained in the foregoing sub-section, the taking of the eggs of pheasants or partridges solely for the purpose of having the same properly hatched out shall not be a contravention of this section.

Marking of packages containing game.

13. —(1) Every package containing game of any kind in course of transit in Saorstát Eireann shall be marked conspicuously on the outside with the word “game” and shall also have marked thereon or on a label affixed thereto the name and address of the consignor thereof.

(2) Every person who shall send or consign for transit in Saorstát Eireann any package containing game of any kind which is not marked in the manner required by this section shall be guilty of an offence under this section.

(3) Every person who shall carry for reward by land in Saorstát Eireann or by sea from any port in Saorstát Eireann any package containing game of any kind which is not marked in the manner required by this section shall be guilty of an offence under this section unless he proves that he did not know and could not reasonably have known that such package contained game.

(4) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(5) For the purpose of this section a package shall be deemed to be in course of transit in Saorstát Eireann when the same is being carried by any means whatsoever from any premises or place in Saorstát Eireann to any other premises or place within or outside Saorstát Eireann or is in any place, public or private, in the course of or for the purpose of such carriage.

Recognition of coursing clubs.

14. —(1) The Minister may by order declare any coursing club which is affiliated to the organisation commonly called and known as the Irish Coursing Club to be a recognised coursing club for the purposes of this Part of this Act.

(2) The Minister may at any time at his absolute discretion by order revoke any order previously made by him under the foregoing sub-section.

(3) So long as an order made under the first sub-section of this section continues in force, the coursing club to which such order relates shall be a recognised coursing club within the meaning of this Part of this Act.

Recognition of game preservation societies.

15. —(1) The Minister may by order declare any society association, or club formed for the promotion of the preservation of game or for the promotion or improvement of the breeding or training of dogs used in the pursuit of game to be a recognised association for the purposes of this section and may at any time at his absolute discretion revoke any such order previously made by him.

(2) Where any lands have, with the consent of the occupier thereof (given in writing), been reserved by a recognised association for the purpose of killing, taking, or preserving game thereon and notice of such reservation has been published on two separate occasions in a newspaper circulating in the district in which such lands are situate, then and in every such case any prosecution in the District Court in respect of trespass on such lands for the purpose or in the course of the pursuit of game may be instituted at the suit and in the name of the secretary of such recognised association, and it shall not be a defence to any such prosecution (whether instituted in the name of such secretary or in the name of some other person) or to any prosecution for an offence under, this Part of this Act in relation to the killing or taking of game on such lands for the defendant to prove that he was authorised by the occupier of such lands to kill or take game thereon.

(3) In the foregoing sub-section of this section the expression “recognised association” means a society, association, or club in respect of which an order under this section declaring it to be a recognised association for the purposes of this section is for the time being in force.

Trespass in pursuit of game.

16. —Section 10 of the Act of the Parliament of Ireland passed in the year 1787 and entitled “An Act for the preservation of the game” (27 Geo. III ch. 35) is hereby amended by the insertion of the words “rabbits, plover” therein immediately before the word “woodcock” now contained therein, and the said section shall have effect as so amended.

Penalties.

17. —(1) Every person who is guilty of an offence under this Part of this Act shall be liable on summary conviction thereof in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence whether of the same character as or of a different character from the previous offence or offences, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(2) The Justice of the District Court before whom any person is convicted of an offence under this Part of this Act may, in addition to any fine imposed by him under the foregoing sub-section in respect of such offence, make an order directing the forfeiture by such person of any firearm, trap, snare, net or other instrument, engine or contrivance used by such person in the commission of such offence.

(3) Where the person convicted of an offence under this Part of this Act is the holder of a firearm certificate granted to him under the Firearms Act, 1925 (No. 17 of 1925), the Justice of the District Court before whom he is so convicted may, in addition to any other punishment imposed under this section, revoke such firearm certificate and may also declare such person to be incapable of holding a firearm certificate for such period (not exceeding five years from the date of such conviction) as the Justice shall specify, and when such declaration is so made such, person shall be incapable of holding a firearm certificate during the period so specified.

Disposal of forfeited property.

18. —Every firearm, trap, snare, net or other instrument engine or contrivance forfeited under this Part of this Act shall unless the Commissioner of the Gárda Síochána authorises the same to be destroyed be disposed of by sale by the superintendent of the Gárda Síochána for the district in which the offence by which such forfeiture was incurred was committed and the amount realised by such sale shall be paid into or disposed for the benefit of the Exchequer by such superintendent in such manner as the Minister for Finance shall direct.

Prosecution of offences.

19. —(1) Proceedings for the prosecution of any offence under this Part of this Act may be instituted at the suit and in the name of any person, whether official or unofficial, as prosecutor.

(2) Where any lands have with the consent of the occupier thereof (given in writing) been reserved by a recognised coursing club for the purpose of killing and taking hares thereon, and notice of such reservation has been published on two separate occasions in a newspaper circulating in the district in which such lands are situate, then and in every such case any prosecution in the District Court in respect of trespass on such lands for the purpose or in the course of the pursuit of hares may be instituted at the suit and in the name of the secretary for the time being of the organization commonly called and known as the Irish Coursing Club, and it shall not be a defence to any such prosecution (whether instituted in the name of the said secretary or in the name of some other person) or to any prosecution for an offence under this Part of this Act in relation to the killing or taking of hares on such lands for the defendant to prove that he was authorised by the occupier of such lands to kill or take hares thereon.