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39 1976

WILDLIFE ACT, 1976

Chapter III

Protection of wild birds, protected animals and flora

Protection of wild birds.

19. —Wild birds and their nests and eggs, other than wild birds of the species mentioned in the Third Schedule to this Act, shall be protected.

Protection of fauna (other than protected wild birds).

20. —Animals which are of a species of fauna in relation to which section 23 of this Act applies shall be protected.

Protection of flora.

21. —(1) Where the Minister considers that a particular species, or particular species, of flora should be protected, he may by order declare the species to be protected either throughout the State or in a particular area or areas thereof and an order made under this section shall apply—

(a) in case the order declares a species of flora protected throughout the State, as regards any specimen of that species in every place in the State,

(b) in case the order declares a species of flora protected in a particular area or areas of the State, as regards any specimen of that species in every place in an area specified in the order;

provided that in case the Minister proposes to make an order under this section declaring a species of flora protected in a particular area or in particular areas of the State, he shall, before making the order, consult any planning authority in relation to whose area, or any part of such area, the proposed order would, if made, apply.

(2) The Minister shall, as soon as may be after it is made, cause a copy of an order under this section to be sent to the Board and to any planning authority in relation to whose area, or any part of such area, the order applies.

(3) Subject to subsection (5) of this section, a person shall not, save under and in accordance with a licence granted by the Minister under this section—

(a) cut, pick, uproot or otherwise take any specimen to which this section applies or the flowers, roots or other part of such specimen,

(b) purchase, sell or be in possession of any such specimen or the flowers, roots or other part thereof,

(c) wilfully alter, damage, destroy or interfere with the habitat or environment of any species of flora to which an order under this section for the time being applies.

(4) A person who contravenes subsection (3) of this section shall be guilty of an offence.

(5) The Minister may grant a licence to a person for such scientific, educational or other purposes as shall be specified in the licence to do any or all of the following:

(a) to cut, pick, uproot or otherwise take flora of a species specified in the licence and which is of a species to which an order under this section for the time being applies or the flowers, roots or other part of a specimen of the species so specified,

(b) to alter or otherwise interfere with the habitat or environment of any such specimen.

(6) Where in any proceedings for an offence under this section it is proved by the prosecutor that the person accused of the offence—

(a) sold a plant, or the flowers, roots or other part of a plant, which is of the same species as the plant, flowers, roots or other part of a plant, as the case may be, to which the alleged offence relates, and

(b) claimed, either expressly or by implication and whether by advertising or otherwise, that the plant, flowers, roots or other part sold came from or was wholly or partly grown in a particular place, and the place is in an area to which an order under this section applied at the time when the alleged offence was committed,

it shall be assumed, until the contrary is shown by the defendant, that the sale was in contravention of subsection (3) of this section.

(7) In any proceedings for an offence under this section, it shall be a defence for the defendant to show that the plant, flowers, roots or other thing to which the alleged offence relates was lawfully imported.

(8) A person shall not be convicted under this section and under section 46 of the Local Government (Planning and Development) Act, 1963 , as amended by section 40 (b) of the Local Government (Planning and Development) Act, 1976 , in respect of the same act.

(9) In this section—

plant” includes a tree or shrub;

specimen to which this section applies” means any specimen of a species of flora which is a species to which an order under this section for the time being applies.

Enforcement of protection of wild birds.

22. —(1) Subject to subsection (2) hereof, this section applies to every wild bird other than a wild bird of a species specified in the Third Schedule to this Act.

(2) The Minister may by regulations provide that—

(a) a wild bird of a species specified in the Third Schedule to this Act shall be a wild bird to which this section applies,

(b) this section shall not apply to a wild bird which is of a species specified in the regulations,

(c) in such places or areas as are specified in the regulations and as regards such period or periods as are so specified, subsection (4) of this section shall not have effect, either, as may be so specified, generally or as regards such species of wild bird as are so specified,

(d) this section shall not have effect in relation to the taking or removing by persons of a specified class of the eggs and nests of wild birds of a species so specified,

and in case any regulations under this subsection are for the time being in force, this section shall be construed and have effect subject to and in accordance with them; provided that regulations made by the Minister under this subsection and which deal with any matter mentioned in paragraph (a), (b) or (c) of this subsection shall be so made only after consultation with the Minister for Agriculture and Fisheries.

(3) A wild bird to which this section for the time being applies is in this Act referred to as a protected wild bird.

(4) Subject to the exceptions specified in subsection (5) of this section, any person who—

(a) (i) hunts a protected wild bird, other than a protected wild bird which is of a species specified in an order under section 24 of this Act, otherwise than under and in accordance with a permission or licence granted by the Minister under this Act, or

(ii) hunts a protected wild bird which is of a species specified in an order under section 24 of this Act, otherwise than—

(A) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29,

(B) under and in accordance with a licence granted under section 29 of this Act and (also) on a day, or during a period of days, specified in a relevant order under the said section 24,

(b) injures a protected wild bird otherwise than while hunting it,

(i) in case the protected wild bird is of a species other than a species specified in an order under section 24 of this Act, under and in accordance with a licence or permission granted by the Minister under this Act,

(ii) in case the protected wild bird is of a species so specified, either in the manner mentioned in clause (A) of paragraph (a) (ii) of this subsection, or in the manner and on a day, or during a period of days, mentioned in clause (B) of the said paragraph (a) (ii),

(c) wilfully takes or removes the eggs or nest of a protected wild bird otherwise than under and in accordance with such a licence,

(d) wilfully destroys, injures or mutilates the eggs or nest of a protected wild bird,

(e) wilfully disturbs a protected wild bird on or near a nest containing eggs or unflown young,

shall be guilty of an offence.

(5) It shall not be an offence for a person—

(a) while engaged in ornithology wilfully to disturb a protected wild bird, or

(b) while so engaged or engaged in agriculture, fishing or forestry unintentionally to injure or kill a protected wild bird, or

(c) to remove or destroy the eggs or nest of a protected wild bird in the ordinary course of agriculture or forestry, or

(d) to capture an injured or disabled protected wild bird for the purpose of killing it humanely or with the intention of tending it and of later releasing it, or

(e) to kill humanely a protected wild bird which has been injured in the manner described in paragraph (b), or captured in the manner described in paragraph (d) or injured in the circumstances described in paragraph (h) of this subsection, or

(f) to take eggs of a protected wild bird for the purpose of having them hatched out, or, for such purpose, to move such eggs from the nest of such a bird to that of another bird of the same species, or

(g) to destroy or remove any such nest which is built in or on an occupied building, or

(h) while constructing a road or while carrying on any archaeological operation, building operation or work of engineering construction, or while constructing or carrying on such other operation or work as may be prescribed, to kill or injure a protected wild bird or to remove, destroy, injure or mutilate the eggs or nest of a protected wild bird,

and nothing in this section shall make unlawful anything which is duly done pursuant to a statute (other than this Act) or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(6) In any proceedings for an offence under this section relating to a protected wild bird which is of a species other than a species specified in Part I of the Fourth Schedule to this Act, it shall be a defence for the defendant to prove that any capturing or killing complained of was urgently necessary for the purpose of stopping damage described in section 42 (1) of this Act being caused and that in the particular circumstances of the case it was not practical for him to apply to the Minister beforehand for a permission under section 42 of this Act and that the defendant reasonably believed that damage mentioned in the said section 42 (1) was being caused by the protected wild bird to which the alleged offence relates or by protected wild birds of the same species as that of such protected wild bird.

(7) In any proceedings for an offence under this section in which it is alleged that the defendant wilfully disturbed a protected wild bird described in subsection (4) (e) of this section, it shall not be necessary for the prosecution to prove that at the time of the alleged offence the defendant was not engaged in ornithology.

(8) Proceedings for an offence under this section may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned.

(9) The Minister may grant a licence to a person—

(a) at any time to capture or kill humanely or capture and humanely kill a protected wild bird of a species specified in the licence for such educational, scientific or other purposes as shall be so specified,

(b) to hunt, in accordance with the licence, on such day or during such period of days as is specified in the licence, protected wild birds which are both pen-reared and of a species so specified,

(c) to so hunt, on such day or during such period of days, protected wild birds of a species so specified for the purpose of either training gun dogs for any field sport or holding gun dog trials,

(d) to take the nests or eggs of protected wild birds of a species so specified for such educational, scientific or other purposes as shall be so specified.

(10) The Minister may by regulations provide that—

(a) subsection (6) of this section shall have effect in relation to any proceedings for offences under this section relating to protected wild birds of a species specified in both Part I of the Fourth Schedule to this Act and in the regulations,

(b) the said subsection (6) shall not have effect in relation to any such proceedings relating to protected wild birds of a species specified in the regulations,

and the said subsection (6) shall have effect accordingly.

Enforcement of protection of wild animals (other than wild birds).

23. —(1) Subject to subsection (2) hereof, this section applies to any animal which is of a species of fauna specified in the Fifth Schedule to this Act.

(2) Subject to subsection (3) of this section, the Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations provide that—

(a) an animal of a species of fauna specified in the regulations (not being a species specified in the Fifth Schedule to this Act) shall be an animal to which this section applies,

(b) an animal of a species of fauna specified both in the regulations and in the said Fifth Schedule shall not be an animal to which this section applies,

(c) in such places or areas as are specified in the regulations and as regards such period or periods as are so specified, subsection (5) of this section shall not have effect either, as may be so specified, generally or as regards such species of animal as are so specified,

and in case any regulations under this subsection are for the time being in force, this section shall be construed and have effect subject to and in accordance with them.

(3) Regulations under this section—

(a) which provide that an animal of any species of fish or aquatic invertebrate shall be an animal to which this section applies, or

(b) the effect of which when made would be that this section would, for so long as the regulations are in force, cease to apply to animals which are of such a species,

shall be made or amended by the Minister only with the concurrence of the Minister for Agriculture and Fisheries who shall indicate his concurrence by signing the regulations.

(4) An animal to which this section for the time being applies is in this Act referred to as a protected wild animal.

(5) Any person who—

(a) hunts a protected wild animal which is not an exempted wild mammal otherwise than under and in accordance with a permission or licence granted by the Minister under this Act,

(b) hunts an exempted wild mammal otherwise than,

(i) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29, or

(ii) under and in accordance with a licence granted by the Minister under section 29 of this Act and (also) on a day, or during a period of days, specified in a relevant order under section 25 of this Act,

(c) injures a protected wild animal otherwise than while hunting it,

(i) in case the protected wild animal is not an exempted wild mammal, under and in accordance with such a permission or a licence granted by the Minister under this Act,

(ii) in case the protected wild animal is an exempted wild mammal, either,

(A) under and in accordance with such a permission or a licence granted by the Minister under this Act other than section 29, or

(B) in the manner and on a day, or during a period of days, mentioned in subparagraph (ii) of paragraph (b) of this subsection,

(d) wilfully interferes with or destroys the breeding place of any protected wild animal,

shall be guilty of an offence.

(6) The Minister may grant a licence to a person to capture or humanely kill or capture and humanely kill at any time a protected wild animal of a species specified in the licence for such educational, scientific or other purpose as shall be specified in the licence.

(7) Notwithstanding subsection (5) of this section, it shall not be an offence for a person—

(a) while engaged in agriculture, fishing or forestry, or in zoology or in any other scientific pursuit, unintentionally to injure or kill a protected wild animal, or

(b) while so engaged to interfere with or destroy the breeding place of such an animal, or

(c) while constructing a road or while carrying on any archaeological operation, building operation or work of engineering construction, or while constructing or carrying on such other operation or work as may be prescribed, to kill or injure such an animal or to destroy or injure the breeding place of such an animal, or

(d) to capture an injured or disabled protected wild animal for the purpose of killing it humanely or with the intention of tending it and of later releasing it, or

(e) to kill humanely a protected wild animal which is either injured in the manner described in paragraph (a) of this subsection or captured in the manner described in paragraph (d) of this subsection, or so to kill a protected wild animal injured in the circumstances described in paragraph (c) of this subsection,

and nothing in this section shall make unlawful,

(i) the taking and killing of hares by coursing at a regulated coursing match which is held both during a period specified as regards hares in a hares order and in a place to which such order applies,

(ii) the hunting of hares by means of a pack of beagles or harriers both during a period specified as regards hares in a hares order and in a place to which the order applies,

(iii) anything which section 3 (3) of the Whale Fisheries Act, 1937 , permits to be done, or

(iv) anything which is duly done pursuant to a statute (other than this Act) or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(8) In any proceedings for an offence under this section relating to a protected wild animal which is of a species other than a species specified in Part II of the Fourth Schedule to this Act, it shall be a defence for the defendant to prove that any capturing or killing complained of was urgently necessary for the purpose of stopping damage described in section 42 (1) of this Act being caused and that in the particular circumstances of the case it was not practical for him to apply to the Minister beforehand for a permission under section 42 of this Act and that the defendant reasonably believed that damage mentioned in the said section 42 (1) was being caused by the protected wild animal to which the alleged offence relates or by protected wild animals of the same species as that of such protected wild animal.

(9) In any proceedings for an offence under this section it shall not be necessary for the prosecution to prove that any act constituting (whether in whole or in part) the alleged offence was done otherwise than while the defendant was engaged in agriculture, fishing or forestry, or in zoology or in another scientific pursuit.

(10) Proceedings for an offence under this section may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned.

(11) The Minister may by regulations provide that—

(a) subsection (8) of this section shall have effect in relation to any proceedings for offences under this section relating to protected wild animals of a species specified both in Part II of the Fourth Schedule to this Act and in the regulations,

(b) the said subsection (8) shall not have effect in relation to any such proceedings relating to protected wild animals of a species specified in the regulations,

and the said subsection (8) shall have effect accordingly.

Open seasons for certain protected wild birds.

24. —(1) Subject to sections 27 and 28 of this Act, the Minister may by order provide that any protected wild bird which is of a species specified in the order, may be hunted either throughout the State or in any part thereof specified in the order on a day or during a period of days so specified.

(2) An order under this section may contain different provisions in relation to different areas and different species of protected wild birds, including provisions limiting the total number of any particular such species which may, during a period of days specified in the order, be killed by individuals in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

Open seasons for certain wild mammals.

25. —(1) Subject to sections 27 and 28 of this Act, the Minister may by order provide that any wild mammal (being a protected wild animal) which is of a species specified in the order (in this Act referred to as an exempted wild mammal) may be hunted in a manner so specified either throughout the State or in any part thereof specified in the order, on a day or during a period of days so specified.

(2) An order under this section may contain different provisions in relation to different areas and different species of exempted wild mammals, including provisions limiting the total number of any particular species of such mammal which may, during a period of days specified in the order, be killed by individuals in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

Licences to hunt otters or deer and to hunt or course hares.

26. —(1) The Minister may grant to—

(i) the master or other person in charge of a pack of otter hounds, a licence authorising the hunting of otters by that pack,

(ii) the master or other person in charge of a pack of stag hounds, a licence authorising the hunting of deer by that pack,

during such period or periods as is or are specified in the licence.

(2) The Minister may grant to the master or other person having charge for the time being of a pack of beagles or harriers a licence to hunt hares in any district or districts specified in the licence with that pack on such day or days (being a day or days which are not specified in a hares order) as are both specified in the licence and are in the year in which the licence is granted.

(3) The Minister may, on an application made by any coursing club which is affiliated to the Irish Coursing Club, grant to the applicant a licence to hold, on such day or days (being a day or days which are not specified in a hares order) as are both specified in the licence and are in the year in which the licence is granted, regulated coursing matches.

Temporary suspension of open seasons.

27. —(1) Where the Minister is satisfied that because of the severity of weather conditions occurring in the State or elsewhere, or for any other reason (which reason shall be specified in the order), it is desirable, in the interest of conserving fauna, to make an order under this section, he may by order prohibit during such period not exceeding one month as may be specified in the order, either throughout the State or in such area or areas thereof as may be so specified, the hunting of—

(a) any protected wild bird which is of a species specified both in an order under section 24 of this Act and in the order under this subsection, or

(b) any exempted wild mammal which is of a species specified in the order under this subsection.

(2) In case before the commencement of an order under this section an order under section 24 or section 25 of this Act has been made and has not been revoked, the following provisions shall apply—

(a) in case immediately before such commencement the order under the said section 24 or 25, as the case may be, was in force, it shall not have effect in relation to any protected wild bird or exempted wild mammal specified in the order under this section at any time during the period so specified, and

(b) in case immediately before such commencement the order under the said section 24 or 25, as the case may be, had not come into force, then, notwithstanding anything contained in the order, unless the order under this section is sooner revoked, as regards any such protected wild bird or exempted wild mammal, the order under the said section 24 or 25, as the case may be, shall not come into force until the expiration of the period specified in the order under this section.

(3) The Minister may by order extend the period specified in an order under subsection (1) of this section; provided that the period during which a prohibition under this section is to remain in force shall in no case exceed two months.