13 1977



Preliminary and General

Short title and commencement.

1. —(1) This Act may be cited as the National Agricultural Advisory, Education and Research Authority Act, 1977.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.


2. —(1) In this Act, except where the context otherwise requires—

the Agriculture Acts” means the Agriculture Acts, 1931 to 1974;

the Act of 1931” means the Agriculture Act, 1931 ;

the Act of 1944” means the Agriculture (Amendment) Act, 1944 ;

the Act of 1956” means the Local Government (Superannuation) Act, 1956 ;

the Act of 1958” means the Agriculture (An Foras Talúntais) Act, 1958 ;

agriculture” includes—

(a) horticulture, dairying, the breeding of horses, cattle, pigs and other livestock, poultry and bee-keeping,

(b) the cultivation, production and preservation of crops, including grass,

(c) the use and application of manures and fertilisers,

(d) the production and processing of meat and other livestock products, milk and other dairy products, eggs and other poultry products, honey and other bee products, fruit and other horticultural products, and

(e) animal nutrition, farm management, farm home management, agricultural economics, marketing and other activities and sciences which relate to or tend to improve or develop agriculture,

and cognate words shall be construed accordingly;

the Authority” means the National Agricultural Authority established under section 9;

basic veterinary research” includes research in relation to diseases of animals and poultry, but does not include—

(a) the diagnosis, on behalf of the Minister, herdowners, flock-owners or veterinary practitioners, of disease in animals or poultry by means of clinical or laboratory examination of individual animals or birds, whether live or dead, or of their carcases, or of specimens taken from them, or

(b) investigations, tests, inquiries or trials arising from disease eradication and hygiene control programmes operated by the Minister;

the Board” means the Board, established under section 25, of the Authority;

the chairman” means the chairman of the Board;

committee of agriculture” means a committee established under section 13 of the Act of 1931 ;

county” means an administrative county and does not include a county borough;

the Director” means the Director of the Authority;

education” includes training and cognate words shall be construed accordingly;

financial year” means a year commencing on the 1st day of January and “local financial year” in relation to a committee of agriculture has the same meaning;

functions” includes powers and duties;

higher education” means education in an institution of higher education as defined in the Higher Education Authority Act, 1971 ;

local authority” has the same meaning as in section 2 of the Local Government Act, 1941 , but includes a committee of agriculture;

the Institute” means An Foras Talúntais established by the Agriculture (An Foras Talúntais) Act, 1958 ;

the Minister” means the Minister for Agriculture;

prescribed” means prescribed by order of the Minister;

research” includes research in relation to forestry and plant breeding, and investigation, test, experiment, analysis and study, but does not include, except where the Minister has, in writing, given his approval or so requests—

(a) the testing of—

(i) livestock in relation to or in conjunction with national breeding programmes operated by the Minister, or

(ii) grass, cereal, root or vegetable seeds, potatoes or plants in relation to, or in conjunction with, schemes of certification operated by the Minister, or in regard to the preparation by the Minister of lists of acceptable or recommended varieties of such seeds, potatoes or plants (whether for the purpose of implementing any directive of the European Economic Community or otherwise) or for the purpose of a grant of proprietary rights to breeders of new varieties of such seeds, potatoes or plants, or

(iii) samples of seeds taken in accordance with section 13 of the Agricultural Seeds Act, 1936 , or

(b) the testing or analysis on behalf of the public, manufacturers or processors, or otherwise in pursuance of statutory requirements, of samples of fertilisers, feeding stuffs, pesticides, mineral mixtures or agricultural products.

(2) In this Act a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other enactment is intended.

(3) In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) A reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by any other enactment including this Act.


3. —(1) The Minister may by order prescribe anything in this Act referred to as prescribed or to be prescribed.

(2) The Minister may by order amend or revoke any order made under this Act including an order under this subsection.

Laying of orders.

4. —Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.


5. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Disposal of moneys.

6. —Moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.


7. —(1) Subject to subsection (2), each enactment set out in the Fourth Schedule is hereby repealed to the extent specified in the third column of that Schedule.

(2) Until the commencement of any particular provision of this Act, the corresponding provision of the repealed enactment shall remain in force.

(3) Any document referring to any repealed enactment shall be construed as referring to this Act or the corresponding provision of this Act.

Continuance of orders and regulations.

8. —Every order and regulation made under a repealed enactment and in force immediately before the commencement of this Act (or, as the case may be, before the commencement of the relevant provision of this Act) shall continue in force and may be amended or revoked as if made under this Act.