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39 1976

WILDLIFE ACT, 1976

PART V

Amendment of Enactments

Amendment of section 3 of Firearms Act, 1925.

62. Section 3 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.”.

Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946.

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.

(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.

(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.

(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.

(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.”

Amendment of First Schedule to State Property Act, 1954.

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 :

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.

Amendment of Firearms Act, 1964.

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”.

(2) Sections 3 (1), 3 (2), 3 (3), 3 (4) (a) and 12 (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.

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.

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.

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.

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.

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.

Amendment of section 69 of Registration of Title Act, 1964.

66. Section 69 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;”.

Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

67. Part V of the Protection of Animals (Amendment) Act, 1965 , shall be deemed to apply neither to protected wild birds nor to protected wild animals.