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38 2000

WILDLIFE (AMENDMENT) ACT, 2000

Chapter II

Restrictions to Protect Wildlife

Regulation of commercial shoot operators.

36. —(1) The Minister may control the activities of commercial shoot operators by permits issued under this section and accordingly the Minister may, on application being made in that behalf, if thought fit and on payment to the Minister of the prescribed fee (if any), issue a permit to a person to carry out an activity under this section and attach conditions thereto, and may amend such a permit.

(2) An applicant for a permit under this section shall submit details of all shooting rights which he or she owns or has permission to use together with such other information as the Minister may require.

(3) The Minister may, in considering an application for a permit under this section, have regard to—

(a) the ability of the applicant to comply with any regulations made under subsection (10) which are for the time being in force or the manner in which the applicant has complied with any such regulations while being the holder of a permit issued under this section, and

(b) whether or not the applicant has been convicted of any offence under the Wildlife Acts, 1976 and 2000, or under the law of another jurisdiction which either or both corresponds to an offence under those Acts and relates to the conservation of wildlife.

(4) On the issuing of a permit under this section, the Minister may, having regard to the information to which subsection (2) relates and to any other information available to the Minister, limit the amount of hunting which may take place over particular land or lands in respect of which the applicant for the permit either owns shooting rights or has permission of the owner of these shooting rights, and shall include in the permit such conditions, including conditions relating to gun days, as the Minister considers appropriate.

(5) A permit issued by the Minister under this section shall, unless it is previously withdrawn, remain in force for any period specified by the Minister not exceeding 3 years.

(6) (a) Every applicant for the issue of a permit under this section shall have the right of appeal, to the District Court for the District in which the applicant resides, against the refusal of the Minister to issue such a permit.

(b) Where, in the case of the refusal by the Minister to issue a permit under this section, the applicant is the holder of a subsisting permit under this section, then the permit shall continue in force pending the determination of an appeal against such refusal or the appeal ceases for any other reason.

(c) The Minister shall be notified in writing by registered post by the applicant of any such appeal not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

(d) Where an appeal under this subsection is allowed, the Minister shall issue a permit subject to any conditions which the judge allowing the appeal may require to be attached to the permit.

(7) (a) The Minister may, having given 21 days' notice to the holder of a permit issued under this section, withdraw the permit if the holder has failed to comply with the conditions thereof or with regulations made under subsection (10) which are for the time being in force, and shall notify the holder of the reasons for such withdrawal.

(b) The holder of a permit issued under this section shall have the right to appeal, to the District Court for the District in which the holder of the permit resides, within a period of 21 days in respect of the notification by the Minister to withdraw the permit.

(c) Where, in the case of the notification of withdrawal by the Minister of a permit under this section, the holder of the permit appeals to the District Court in accordance with paragraph (b), the permit shall continue in force pending the determination of an appeal against such withdrawal or the appeal ceases for any other reason.

(d) The Minister shall be notified in writing by registered post of any appeal to which paragraph (b) relates not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

(8) The Minister shall from time to time publish or cause to be published a list of holders of permits issued under this section.

(9) As and from such date as the Minister may by order appoint, a person shall not act as, or hold himself or herself out as, a commercial shoot operator (whether by that name or otherwise) unless he or she is in possession of a subsisting permit issued under this section.

(10) (a) The Minister may make regulations for the purposes of giving full effect to this section and may, in particular, provide for procedures in relation to the making of applications for permits under this section and the consideration of applications.

(b) Without prejudice to the generality of paragraph (a), regulations made under this subsection may—

(i) provide for the form of applications,

(ii) require applicants to publish or give specified notices relating to their applications,

(iii) require applicants to furnish to the Minister or to an officer of the Minister duly authorised any specified information relating to their applications, including information relating to employees and agents of holders of, or applicants for, permits issued under this section,

(iv) provide for the availability for inspection by the Minister or by an officer of the Minister duly authorised of documents or extracts from documents relating to applications,

(v) provide for consultation with such bodies, including statutory bodies, as may be prescribed for that purpose,

(vi) provide for the making of submissions or observations to the Minister in relation to applications and the period during which such submissions or observations may be made,

(vii) require applicants to submit further information relating to their applications, and

(viii) require the production of evidence to verify particulars of information given by an applicant.

(11) A person who—

(a) contravenes subsection (9) of this section, or

(b) fails to comply with any condition or requirement of a permit, or

(c) makes false or misleading statements or declarations, or furnishes a document or information which is false, with a view to obtaining a permit,

shall be guilty of an offence.

(12) In this section—

“commercial shoot operator” means a person who either owns shooting rights on lands or has permission of the owner of those shooting rights and who uses these rights or permissions for the purposes of providing hunting on these lands to others for reward;

“gun days” means the number of days in any hunting season in which one gun can be used to sustainably hunt over particular land or lands in respect of any class of or all wild animals or wild birds.

Amendment of section 28 (general restriction as regards hunting or killing with firearms certain exempted wild mammals and certain protected wild birds) of Principal Act.

37. —Section 28 of the Principal Act is hereby amended by the insertion of the following after subsection (2):

“(2A) (a) An applicant for—

(i) the grant of a licence under section 29 of this Act, or

(ii) the grant or renewal of a certificate to which section 29(5) of this Act relates,

may, before the granting of any such licence or the granting or renewal of any such certificate, be required to supply satisfactory evidence that the applicant is a competent person to hold such a licence.

(b) The evidence required under paragraph (a) of this subsection shall include the ability to identify certain species of fauna and to have a satisfactory knowledge of the relevant provisions of the Wildlife Acts, 1976 and 2000, and of any instruments made under those Acts.

(c) The Minister may make regulations for the purpose of giving effect to this subsection.”.

Hunting restricted on or over foreshore belonging to State and certain land so belonging.

38. —The Principal Act is hereby amended by the substitution of the following for section 30:

“30.—(1) (a) A person shall not, without permission given in writing by the Minister, hunt protected wild animals and wild birds on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake, or accretion from the sea where such land is owned by the State.

(b) The Minister may by regulations—

(i) in relation to wild birds—

(I) apply this section, either generally or by reference to one or more species, to wild birds, or

(II) apply this section generally to species of wild birds subject to the exclusion of one or more such species,

and

(ii) in relation to wild animals—

(I) apply this section, either generally or by reference to one or more species, to wild animals which are not protected wild animals, or

(II) apply this section generally to species of wild animals which are not protected wild animals, subject to the exclusion of one or more such species.

(c) The Minister may attach conditions in writing to any permission given under this subsection and may at any time vary such conditions or withdraw any such permission.

(2) In determining an application for permission under this section, the Minister shall have regard to the conservation requirements of the species concerned.

(3) Any person who contravenes subsection (1) of this section or fails to comply with a condition under that subsection shall be guilty of an offence.”.

Amendment of section 31 (sale, purchase and possession of certain perching birds prohibited) of Principal Act.

39. —Section 31 of the Principal Act is hereby amended—

(a) by the addition, to subsection (1), after “bred in captivity” of “; but nothing in this subsection shall make unlawful the possession consequent upon the capture of any such bird pursuant to and in accordance with a licence or permission granted under this Act”, and

(b) by the substitution, in subsection (4), of “not later than 10 days after it has been hatched” for “while a fledgling”,

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

TABLE

(1) It shall be an offence for any person to sell, purchase or have in his possession a live perching bird to which this section applies other than a close-ringed specimen bred in captivity; but nothing in this subsection shall make unlawful the possession consequent upon the capture of any such bird pursuant to and in accordance with a licence or permission granted under this Act.

(4) In this section “close-ringed specimen” means a specimen of live perching bird (order Passeriformes) fitted with a continuous metal band or ring which has been slipped over its foot and on to its leg not later than 10 days after it has been hatched.

Amendment of section 32 (ringing and marking, and possession of cannon-nets, etc. restricted) of Principal Act.

40. —Section 32 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsections (1) and (2):

“(1) It shall be an offence for a person, otherwise than pursuant to and in accordance with a licence granted by the Minister for the purposes of this subsection, to—

(a) mark by cutting, branding or tattooing, or

(b) attach any band, ring, microchip, tag or other marking device to,

any wild animal or wild bird or to take by net, trap or by any other means any such animal or bird for the purposes of so marking it or attaching to it any band, ring, microchip, tag or other marking device.

(1A) Subject to subsection (4) of section 31 of this Act, the Minister may by regulations specify the method of marking, including the type and size of any band, ring, microchip, tag or other marking device or substance, for the purposes of either or both the said section 31 and of this section and different methods may be specified for different species.

(2) Subsection (1) of this section shall not apply to—

(a) the close ringing of artificially reared wild birds,

(b) captive bred birds prescribed in an open seasons order,

(c) captive bred waterfowl collections, or

(d) the clipping of the feathers of an artificially reared protected wild bird for purposes of the confinement prior to the release into the wild of such protected wild bird.”,

(b) in subsection (3), by the insertion after “import” of “into the State from outside the European Union”, and

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

“(3A) The granting of a licence under subsection (3) of this section shall not be construed as restricting any application of, or removing any obligation to comply with, the Firearms Acts, 1925 to 2000.”.

Amendment of section 33 (restriction on use of certain firearms etc.) of Principal Act.

41. —Section 33 of the Principal Act is hereby amended—

(a) in subsection (1), by the substitution of “hunt or injure in the course of hunting” for “kill or injure”,

(b) in subsection (2), by the substitution of “hunt” for “kill”, of “animal” for “mammal” and of “any explosive other than ammunition for, and used with, a firearm” for “a floating container containing an explosive substance”,

(c) in subsection (3), by the substitution of “hunt or injure in the course of hunting” for “kill or injure” and the insertion of “otherwise than under and in accordance with a licence granted in that behalf by the Minister” after “hare”, and

(d) in subsection (4), by the substitution of “animals” for “mammals” in both places where it occurs,

and the said subsections (1), (2), (3) and (4), as so amended, are set out in the Table to this section.

TABLE

(1) It shall be an offence for a person to hunt or injure in the course of hunting—

(a) with a repeating or automatic shotgun (other than a repeating or automatic shotgun which is adapted or modified so as to render it incapable of carrying more than three shotgun cartridges), with an airgun, air-rifle, gas-rifle, pistol or revolver, or with any firearm fitted with a silencer device, any wild bird,

(b) with a rifle, any protected wild bird.

(2) It shall be an offence for a person to hunt or injure any wild bird or wild animal with a spring gun, or with tracer shot or with any explosive other than ammunition for, and used with, a firearm.

(3) It shall be an offence for a person to hunt or injure in the course of hunting with a shotgun a protected wild animal other than a hare otherwise than under and in accordance with a licence granted in that behalf by the Minister.

(4) Subject to the foregoing subsections of this section, the Minister may make regulations specifying the type and calibre of firearms and ammunition which may be used to hunt wild birds and wild animals and providing that firearms and ammunition of any other type and calibre shall not be used to hunt such birds or animals.

Amendment of section 34 (certain use of traps, snares etc. prohibited) of Principal Act.

42. —Section 34 of the Principal Act is hereby amended—

(a) in subsection (1), by the substitution of the following for paragraphs (a), (b) and (c):

“(a) hunt any wild bird, wild mammal or protected wild animal by means of a trap, snare, net, line, hook, arrow, dart, spear or similar device however propelled, instrument or missile, or birdlime or any substance of a like nature, or any poisonous, poisoned or stupefying bait, any gas or smoke or chemical wetting agent or any electrical device which is calculated or likely to cause death, unconsciousness or bodily injury to such bird, mammal or animal, or

(b) affix, place or set—

(i) any trap, snare or net for killing or taking a wild bird, wild mammal or protected wild animal, or

(ii) any line, hook, electrical device or other device or instrument, calculated or likely to cause death or bodily injury to any wild bird, wild mammal or protected wild animal coming in contact with it,

on any tree, pole, cairn or other structure in, or in the vicinity of, any place frequented by wild birds, wild mammals or protected wild animals, or

(c) lay any poisonous or poisoned substance or stupefying bait, or any gas or smoke or chemical wetting agent, being a substance, bait or agent which is calculated or is likely to cause injury, or facilitate the capture of, a wild bird, wild mammal or protected wild animal, in or in the vicinity of, any place mentioned in paragraph (b) of this subsection, or on any tree, pole, cairn or other structure in or in the vicinity of such place.”,

(b) by the substitution, in paragraph (b) of subsection (2), of “wild animal” for “wild mammal”,

(c) in subsection (3)—

(i) by the insertion, in paragraph (a), of “or wild animal” after “wild bird”,

(ii) by the insertion of the following after paragraph (c):

“(cc) the capture or killing of any wild bird or any wild animal in or on, or the removal of any such bird or animal from, any premises or other land by means of any poisoned, poisonous or stupefying substance specified in the licence, or any gas or smoke or chemical wetting agent or other devices so specified, for the purpose of stopping or preventing serious damage being caused to any thing to which section 42(1) of this Act relates,”,

(iii) by the substitution of the following for paragraph (d):

“(d) the capture alive of, or the taking of dead, wild birds or wild animals, for research or other scientific or educational purposes or for removal of live wild birds or wild animals to a new habitat, or to a place specified in the licence.”,

(d) by the substitution, in paragraph (a) of subsection (4), of “animals” for “mammals”,

(e) by the insertion of the following after subsection (4):

“(4A) In relation to wild animals to which this section does not otherwise apply, the Minister may by regulations—

(a) apply this section to such wild animals, either generally or by reference to one or more species, or

(b) apply this section generally to species of such wild animals, subject to the exclusion of one or more such species.”,

(f) by the substitution of the following for subsection (6):

“(6) Any person who imports into the State from outside the European Union, or has in his possession other than pursuant to and in accordance with a licence granted by the Minister in that behalf, or who in the course of his trade or business sells or offers for sale a trap, snare or net which pursuant to subsection (4) of this section is for the time being declared by the Minister to be a trap, snare or net to which this subsection applies shall be guilty of an offence.”,

and

(g) by the addition of the following after subsection (7):

“(8) The other provisions of this section are without prejudice to sections 7 and 14 of the Protection of Animals (Amendment) Act, 1965 .”,

and the said subsections (2) (other than paragraph (a)), (3) (other than paragraphs (b) to (d)) and (4) (other than paragraph (b)), as so amended, are set out in the Table to this section.

TABLE

(2) Subsection (1) of this section shall not apply to or render unlawful—

(b) the taking or killing by means of any such trap, snare or net of any wild bird which is not a protected wild bird or any wild animal which is not a protected wild animal,

and nothing in the said subsection 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 statutory 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 statutory 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.

(3) Subsection (1) of this section shall not apply to any of the following if done pursuant to and in accordance with a licence granted in that behalf by the Minister:

(a) the capture alive, on land specified in the licence by means of a trap, snare or net of any species of wild bird or wild animal specified in the licence, for the purpose of propagating or of improving the quality of such species,

(4) The Minister may by regulations declare a trap, snare or net which is of a particular type, class or description specified in the regulations—

(a) to be approved of for the purposes of this section and may, if he thinks fit, regulate its use as regards wild birds or wild animals,

Amendment of section 35 (certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted) of Principal Act.

43. —Section 35 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the substitution of the following for paragraphs (a) and (b):

“(a) use, for the purpose of hunting, repelling or scaring any wild bird or any wild animal—

(i) any live wild bird or live wild animal which is tethered or secured by braces or other similar appliance or which is confined in a cage or pen or which is blind, maimed or injured, or

(ii) any kite, light trap, balloon, aircraft (including model aircraft) or similar device,

or

(b) use, as a decoy for the purpose of hunting any wild bird or any wild animal, any live wild animal or live bird, or”,

(ii) by the insertion, in paragraph (c), of “wood pigeons,” before “wild duck”,

(iii) by the substitution of the following for paragraph (d):

“(d) use an electrical or other instrument or appliance (including recording apparatus) emitting sound, for the purpose of hunting any wild bird or any wild animal.”,

(b) in subsection (3)—

(i) by the substitution of the following for paragraph (a):

“(a) the use for hunting, repelling or scaring any wild bird or any wild animal of a species specified in the order of any stuffed or artificial decoy or any device, whistle, instrument or appliance which is of a particular type, class or description specified in the order, or”,

(ii) by the insertion, in paragraph (b), of “plover,” before “wild duck”,

(c) by the substitution of the following for subsection (4):

“(4) Notwithstanding the foregoing provisions of this section, a decoy, vehicle or an instrument or appliance, including electrical or other recording apparatus emitting sound for the purpose of repelling, scaring or capturing any wild bird or any wild animal, may be used, pursuant to and in accordance with a licence granted in that behalf by the Minister, for scientific research or for another purpose approved of by the Minister.

(4A) Nothing in this section shall be construed as restricting—

(a) the practice of falconry lawfully carried out in accordance with a licence or licences granted in accordance with section 41 of this Act, or

(b) the taking, killing or use of a wild animal, which is not a protected wild animal, for the purpose of, or while engaged in the practice of fishing.”,

and the said subsections (1) (other than paragraphs (a), (b) and (d)) and (3) (other than paragraph (a)), as so amended, are set out in the Table to this section.

TABLE

(1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not—

(c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than wood pigeons, wild duck and wild geese, or

(3) Notwithstanding the foregoing provisions of this section, the Minister may by order prohibit throughout the State or in any particular area thereof—

(b) the use of any orally or manually operated whistle or other instrument or appliance (not being recording apparatus) which imitates, or emits calls similar to, the calls of plover, wild duck or wild geese or emits recorded such calls.

Amendment of section 36 (use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited) of Principal Act.

44. —Section 36 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the deletion of “but subject to section 42”,

(ii) in paragraph (a), by the substitution of “wild animal” for “protected wild animal”, and

(iii) in paragraph (b), by the substitution of “wild bird” for “protected wild bird”,

(b) by the substitution, in subsection (2), of “wild birds or wild animals” for “protected wild birds or protected wild animals”, and

(c) by the insertion of the following after subsection (4):

“(5) In this section, ‘mechanically-propelled' includes propulsion which is electrical or partly electrical and partly mechanical.”,

and the said subsections (1) and (2), as so amended, are set out in the Table to this section.

TABLE

(1) Notwithstanding anything contained in this Act apart from this section, a person shall not hunt or disturb for the purpose of hunting—

(a) any wild animal by means of a mechanically-propelled vehicle, vessel or aircraft, whether it is being so propelled or is stationary,

(b) any wild bird by means of such a vehicle, vessel or aircraft, while it is being so propelled.

(2) Notwithstanding subsection (1) of this section, a mechanically-propelled vehicle, vessel or aircraft may be used to capture or kill, pursuant to and in accordance with a licence granted in that behalf by the Minister and for such educational, scientific or other purposes as are specified in the licence, wild birds or wild animals of a species so specified.

Use of lamps, mirrors etc. in hunting prohibited.

45. —The Principal Act is hereby amended by the substitution of the following for section 38:

“38.—(1) Any person who uses—

(a) any lamp, light, torch, mirror or other artificial light-reflecting or dazzling device or appliance, or

(b) any device for illuminating, image intensifying or heat seeking a target, or

(c) any sighting device for night shooting, or

(d) any device or appliance which is of a type, class or description specified in an order under subsection (2) of this section,

in hunting any protected wild bird or protected wild animal otherwise than while either—

(i) attaching thereto any band, ring, tag or other marking device, or

(ii) hunting for educational or scientific purposes or for any other purpose,

pursuant to and in accordance with a licence granted under this Act by the Minister, shall be guilty of an offence.

(2) (a) The Minister may by order declare a device or appliance which is of a type, class or description specified in the order to be a device or appliance to which subsection (1) of this section applies.

(b) The Minister may amend or revoke an order made under this subsection.”.

Amendment of section 40 (destruction of vegetation on uncultivated land restricted) of Principal Act.

46. —Section 40 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsection (1):

“(1) (a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

(b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection.”,

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

“(c) the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister of the Government or a body established or regulated by or under a statute;

(cc) the clearance of vegetation in the course of fisheries development works carried out by the Central Fisheries Board or a regional fisheries board in the exercise of its functions under the Fisheries Acts, 1959 to 1999;”,

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

“(e) the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided;”,

and

(d) by the addition of the following after subsection (2):

“(3) The Minister may request from the person concerned details of any works carried out under subsection (2)(c) and such details shall be furnished to the Minister by that person together with a statement of the public health or safety factors involved.

(4) In any proceedings taken in respect of a contravention of this section consisting of the doing of any act, it shall be a good defence to prove that the doing of that act was necessary for the purpose of extinguishing or preventing the spread of a fire while it was in progress or for the purpose of saving human life or was necessary in any other emergency in respect of which that act was an appropriate measure.”.