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38 2000

WILDLIFE (AMENDMENT) ACT, 2000

Chapter III

Nature Reserves and Refuges

Erection of notices.

25. —(1) The Minister may cause to be erected at a suitable place within, or on the boundary of, or near any land in respect of which—

(a) an establishment order, a recognition order or a designation order to which section 15, 16 or 17, respectively, of the Principal Act applies, or

(b) an agreement under section 18 of the Principal Act applies, or

(c) a natural heritage area order applies, or

(d) there is no subsisting order in operation under section 24 or 25 of the Principal Act or there is such an order in operation but it is of restricted application in respect of that land (which land is, in either case, referred to in this section as a “fauna sanctuary order”),

a notice of the existence of the establishment order, recognition order, designation order, agreement, natural heritage area order or fauna sanctuary order, as the case may be, and for that purpose any person, duly authorised by the Minister in that behalf, may enter on such land and any other land.

(2) Any person who impedes an authorised person in carrying out his or her duties under this section or who wilfully or negligently destroys, alters, defaces, disfigures, marks or otherwise interferes with any notice referred to in subsection (1) shall be guilty of an offence.

Amendment of section 15 (nature reserves on lands owned by the Minister or by the State) of Principal Act.

26. —Section 15 of the Principal Act is hereby amended—

(a) by the substitution of the following for paragraph (a) of subsection (2):

“(a) land to which this section applies—

(i) includes the habitat or forms, or is capable of being made to form, the habitat or part of the habitat of one or more species or community, being a species or community which is of scientific interest, or

(ii) includes or forms an ecosystem, or part of an ecosystem, which is of scientific interest, or

(iii) contains features of geological, geomorphological or other natural interest,

and that in the case of such habitat or ecosystem, or such part of the ecosystem, or geological, geomorphological or other natural interest is likely to benefit if measures are taken for its protection,”,

and

(b) by the substitution, in subsection (5), of “, characteristics or boundaries” for “or characteristics”,

and the said subsection (5), as so amended, is set out in the Table to this section.

TABLE

(5) The Minister shall not amend an establishment order unless he considers that the objectives, as regards which the relevant nature reserve was established, require revision because of changes in the features, characteristics or boundaries of the reserve or in any other circumstance which affects the reserve.

Amendment of section 16 (nature reserves on land other than land to which section 15 applies) of Principal Act.

27. —Section 16 of the Principal Act is hereby amended—

(a) by the insertion, in paragraph (a) of subsection (1), of “or forms, or is capable of being made to form, a habitat” after “includes a habitat” and of “as amended by this Act,” after “section 15 (2) of this Act” and by the insertion of “or contains features of geological, geomorphological or other natural interest” after “ecosystem”,

and

(b) by the insertion of the following after subsection (3):

“(3A) The Minister shall not amend a recognition order unless the Minister considers that the objectives, as regards which the relevant nature reserve was recognised, require revision because of changes in the features, characteristics or boundaries of the reserve, or because of any other circumstance which in the Minister's opinion affects the reserve.”,

and the said paragraph (a), as so amended, is set out in the Table to this section.

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(a) the land includes a habitat or forms, or is capable of being made to form, a habitat or part of a habitat or an ecosystem or contains features of geological, geomorphological or other natural interest described in paragraph (a) of section 15(2) of the Principal Act, as amended by this Act.

Amendment of section 17 (refuges for fauna) of Principal Act.

28. —Section 17 of the Principal Act is hereby amended—

(a) by the substitution, in subsection (1), of “either or both fauna and flora” for “fauna” where it first occurs and of “fauna and flora” for “fauna” where it last occurs,

(b) by the substitution, in subsection (4), of “every species of fauna and flora” for “any species of fauna” and of “fauna and flora” for “fauna”,

(c) by the insertion, in paragraph (a) of subsection (9), of “or flora” after “fauna”, and

(d) by the insertion, in subsection (12), of “or flora” after “fauna”,

and the said subsections (1) and (4), the said paragraph (a) and the said subsection (12), as so amended, are set out in the Table to this section.

TABLE

(1) Where the Minister considers that a particular species, or particular species, of either or both fauna and flora should be specially protected on any land which is, or is contiguous to, a habitat of the species, then, subject to subsection (5) of this section, he may publish in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land is situate a notice of his intention to make an order (in this Act referred to as a designation order) designating the land as a refuge for such fauna and flora.

(4) A notice published pursuant to this section shall indicate every species of fauna and flora which the Minister proposes by the provisions of the proposed order to which the notice relates to protect, the land to which the proposed designation order or amending order, as the case may be, will apply and the protective measures which the proposes to include in the proposed order, including any measures he proposes to take for the protection of the habitat requirements of such fauna and flora.

(a) a designation order designating that land, or any part thereof, as, and establishing thereon, a refuge for all or any of the fauna or flora indicated in the notice, or

(12) Any compensation under this section shall be assessed and payable only in respect of diminution in value, loss or disadvantage arising from the measures contained in the relevant order for the protection of the habitat requirements of the fauna or flora to which the order relates.