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39 1976

WILDLIFE ACT, 1976

PART VI

Miscellaneous

Inspection of land.

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.

(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.

(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.

(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.

(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.

(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.

Attempts etc. and miscellaneous other offences.

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.

(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.

(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.

(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.

(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 (1) of this Act shall be guilty of an offence.

(6) Any person who contravenes a condition attached to a licence granted by the Minister under this Act shall be guilty of an offence.

(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.

Prosecution of offences.

70. —(1) Summary proceedings for any offence under this Act may be prosecuted by the Minister.

(2) Subject to section 44 (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.

(3) Notwithstanding section 10 (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.

Onus of proof.

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.

Powers of Garda Síochána and authorised persons.

72. —(1) The Minister may appoint in writing a person to be an authorised person for the purposes of this Act.

(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.

(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.

(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.

(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.

(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.

(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 (2) of this Act, and a decoy or electrical or other instrument, device or appliance mentioned in section 35 (1) or 38 of this Act.

Search warrants.

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.

(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.

(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.

Penalties.

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.

(2) Where a person is guilty of an offence under section 69 (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.

(3) Where a person is guilty of an offence under section 21 (4), 22 (4), 23 (5), 44 (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.

(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.

Power of court to revoke certain certificates and licences and to impose certain disqualifications.

75. —(1) Where a person who holds—

(a) a firearm certificate which by virtue of section 29 (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 Part II 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.

(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.

(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.

Forfeiture.

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.

(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.

(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.

(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.

(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.

Appeal against seizures.

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.

Disposal of things seized.

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.

(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.

(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).

(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.

(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.

(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.

(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.

(8) Moneys payable pursuant to a disposal under this section shall be paid to the Minister.