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Wildlife Act, 1976

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Number 39 of 1976


WILDLIFE ACT, 1976


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement and collective citation.

2.

Definitions.

3.

Service of notices, etc.

4.

Expenses.

5.

Application of moneys received by Minister.

6.

Gifts.

7.

Reports.

8.

Regulations and orders.

9.

Licences.

10.

Repeals.

PART II

Wildlife Conservation and Protection

Chapter I

General

11.

Functions of Minister in relation to wildlife.

12.

Obligations generally of Ministers of State and certain other authorities and bodies in relation to nature reserves and refuges.

13.

Wildlife Advisory Council.

14.

Establishment of boards to provide or administer certain services.

Chapter II

Reserves and Refuges

15.

Nature reserves on lands owned by the Minister or by the State.

16.

Nature reserves on land other than land to which section 15 applies.

17.

Refuges for fauna.

18.

Agreement as to user and management of land.

Chapter III

Protection of wild birds, protected animals and flora

19.

Protection of wild birds.

20.

Protection of fauna (other than protected wild birds).

21.

Protection of flora.

22.

Enforcement of protection of wild birds.

23.

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

24.

Open seasons for certain protected wild birds.

25.

Open seasons for certain wild mammals.

26.

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

27.

Temporary suspension of open seasons.

Chapter IV

Restrictions to protect wildlife

28.

General restriction as regards hunting or killing with firearms certain exempted wild mammals and certain protected wild birds.

29.

Licences to hunt with firearms.

30.

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

31.

Sale, purchase and possession of certain perching birds prohibited.

32.

Ringing and marking, and possession of cannon-nets, etc. restricted.

33.

Restriction on use of certain firearms etc.

34.

Certain use of traps, snares etc. prohibited.

35.

Certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted.

36.

Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.

37.

Hunting by night restricted.

38.

Use of lamps, mirrors etc. in hunting prohibited.

39.

Burning of vegetation near woods or certain other land restricted.

40.

Destruction of vegetation on uncultivated land restricted.

Chapter V

Miscellaneous

41.

Falconry etc.

42.

Damage by wild birds etc.

43.

Land drainage schemes.

44.

Unlawful hunting or entry on land and other miscellaneous matters.

PART III

Regulation and control of wildlife dealing and the transport, import and export of wildlife

45.

Sale, purchase and possession of fauna restricted.

46.

Regulation and control of wildlife dealing.

47.

Prohibition on wildlife dealing without wildlife dealer's licence.

48.

Wildlife dealer's licence.

49.

Revocation of wildlife dealer's licence.

50.

Minister may publish list of wildlife dealers or notice of revocation.

51.

Transport of packages etc. containing certain fauna.

52.

Import of fauna and flora.

53.

Export of fauna and flora.

54.

Saver in relation to Customs Acts.

PART IV

Land and Waters

55.

Land purchase orders.

56.

Management etc. of certain land acquired, held or used by the Minister.

57.

State ownership of certain inland waters.

58.

Right to hunt on or over territorial seas of State vested in State.

59.

Regulations permitting and regulating public access to certain land.

60.

Creation of rights of way.

61.

Extinguishment of easements.

PART V

Amendment of Enactments.

62.

Amendment of section 3 of Firearms Act, 1925.

63.

Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946 .

64.

Amendment of First Schedule to State Property Act, 1954.

65.

Amendment of Firearms Act, 1964.

66.

Amendment of section 69 of Registration of Title Act, 1964.

67.

Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

PART VI

Miscellaneous

68.

Inspection of land.

69.

Attempts etc. and miscellaneous other offences.

70.

Prosecution of offences.

71.

Onus of proof.

72.

Powers of Garda Síochána and authorised persons.

73.

Search warrants.

74.

Penalties.

75.

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

76.

Forfeiture.

77.

Appeal against seizures.

78.

Disposal of things seized.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Provisions which may be Included in an Order under Section 14

THIRD SCHEDULE

Species of Wild Birds Excluded (subject to Section 22 (2)) from Sections 19 and 22

FOURTH SCHEDULE

Fauna Referred to in Section 22 (6) or 23 (8)

PART I

Species of Protected Wild Birds Referred to in Section 22 (6)

PART II

Species of Protected Wild Animals Referred to in Section 23 (8)

FIFTH SCHEDULE

Animals Referred to in Section 23


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 57

Forestry Act, 1946

1946, No. 13

Forestry Act, 1956

1956, No. 6

Factories Act, 1955

1955, No. 10

Foreshore Act, 1933

1933, No. 12

Local Government Act, 1941

1941, No. 23

Greyhound Industry Act, 1958

1958, No. 12

Maritime Jurisdiction Act, 1959

1959, No. 22

Companies Act, 1963

1963, No. 33

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Finance Act, 1895

1895, c. 16

Registration of Title Act, 1964

1964, No. 16

Whale Fisheries Act, 1937

1937, No. 4

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Protection of Animals Act, 1911

1911, c. 27

Noxious Weeds Act, 1936

1936, No. 38

Arterial Drainage Act, 1945

1945, No. 3

Game Preservation Act, 1930

1930, No. 11

Destructive Insects and Pests (Consolidation) Act, 1958

1958, No. 11

Diseases of Animals Act, 1966

1966, No. 6

Health Act, 1947

1947, No. 28

Health Act, 1953

1953, No. 26

Agricultural and Fishery Products (Regulation of Export) Act, 1947

1947, No. 18

Water Supplies Act, 1942

1942, No. 1

State Property Act, 1954

1954, No. 25

Protection of Animals (Amendment) Act, 1965

1965, No. 10

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Superannuation Act, 1859

1859, c. 26

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Number 39 of 1976


WILDLIFE ACT, 1976


AN ACT FOR THE CONSERVATION OF WILDLIFE (INCLUDING GAME) AND FOR THAT PURPOSE TO PROTECT CERTAIN WILD CREATURES AND FLORA, TO ENABLE A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN CHOMHAIRLE UM FHIADHULRA AND IN THE ENGLISH LANGUAGE AS THE WILDLIFE ADVISORY COUNCIL TO BE ESTABLISHED AND TO DEFINE ITS FUNCTIONS, TO ENABLE CERTAIN OTHER BODIES TO BE ESTABLISHED TO PROVIDE OR ADMINISTER CERTAIN SERVICES, TO ENABLE RESERVES AND REFUGES FOR WILDLIFE TO BE ESTABLISHED AND MAINTAINED, TO ENABLE DEALING IN AND MOVEMENT OF WILDLIFE TO BE REGULATED AND CONTROLLED, TO MAKE CERTAIN PROVISIONS RELATING TO LAND, INLAND WATERS AND THE TERRITORIAL SEAS OF THE STATE, TO AMEND CERTAIN ENACTMENTS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [22nd December, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: