Heritage Act 2018
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Powers of authorised persons | ||
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9. The Act of 1976 is amended— | ||
(a) in section 44 (as amended by section 5 of the Act of 2010)— | ||
(i) by the substitution for subsection (1) of the following: | ||
“(1) Any person, not being the owner or occupier of land, who, without the permission of the owner or occupier of the land or, in the case some other person is entitled to enjoy sporting rights over the land, that other person— | ||
(a) hunts a wild bird or wild animal on the land, | ||
(b) carries or brings on the land a thing mentioned in section 72(7) (as amended by section 65(d) of the Act of 2000), or | ||
(c) shoots over or into the land, | ||
commits an offence.”, | ||
and | ||
(ii) in subsection (2) by the substitution of “Where a person who is neither the owner nor the occupier of land carries on the land a thing mentioned in section 72(7),” for “Where a person who is neither the owner nor the occupier of land carries on the land a firearm, other weapon or device (or a part thereof) described in paragraph (c) of subsection (1) of this section, | ||
(b) in section 69 (as amended by section 63 of the Act of 2000)— | ||
(i) by substituting for subsection (3)(c) the following: | ||
“(c) Any person who assaults an authorised person in the exercise of any power conferred on him or her by this Act shall be guilty of an offence.”, | ||
and | ||
(ii) by inserting after subsection (7A) the following: | ||
“(7B) A statement or admission made by a person pursuant to a requirement to give information under section 72 or 73 shall not be admissible as evidence in proceedings against the person for an offence (other than an offence under subsection (3)).”, | ||
(c) in section 72 (as amended by section 6 of the Act of 2010)— | ||
(i) by substituting for subsections (2), (2A) and (3) the following: | ||
“(2) A member of the Garda Síochána or an authorised person who has reasonable grounds for suspecting that a person has committed an offence under the Wildlife Acts 1976 to 2018 may, at all reasonable times— | ||
(a) stop and search the person, | ||
(b) require the person to give his or her name and address and, if requested, to verify the information given, | ||
(c) require the person to give such information and assistance as the member or authorised person, as the case may be, considers necessary for the purposes of exercising his or her functions under the Wildlife Acts 1976 to 2018, and | ||
(d) require the person to declare whether he or she has in his or her possession and, if such member or authorised person, as the case may be, considers it necessary, to produce on demand for examination— | ||
(i) any specimen of fauna, flora, fossils or minerals or any part, product or derivative of any such specimen, | ||
(ii) any licence or permission granted by the Minister under the Wildlife Acts 1976 to 2018 (including any certificate deemed, pursuant to subsection (5) or (5A) of section 29, to be a licence so granted), | ||
(iii) in the case of a person who is resident in a Member State (other than the State), a European Firearms Pass within the meaning of Article 1(4) of Council Directive No. 91/477/EEC of 18 June 19911 issued to him or her by the competent authority of that Member State, or any other permit, licence, authorisation or other document to hold a firearm duly issued by a competent authority of such a Member State, | ||
(iv) any permit or certificate issued for the purposes of the CITES Regulations together with any supporting documents in the person’s possession and any permit or certificate to which Article 11 of Council Regulation (EC) No. 338/97 of 9 December 19962 relates, or | ||
(v) any thing which is mentioned in subsection (7) which is in the person’s possession, | ||
and such member or authorised person may seize and retain any specimen or part, product or derivative of a specimen or any thing so produced which appears to him or her to be something which might be required as evidence in proceedings for an offence under the Wildlife Acts 1976 to 2018. | ||
(2A) A member of the Garda Síochána or an authorised person may, if such member or authorised person has reasonable grounds for suspecting from the activity of any person (in this subsection referred to as the ‘suspected person’) that an offence under any provision of the Wildlife Acts 1976 to 2018 is being, or has been, committed, in the presence of such member or person, by the suspected person and that person has, or had at the time of being so suspected, in his or her possession, or under his or her control, any thing which is mentioned in subsection (7) or any other thing capable of being used to commit an offence, then such member or authorised person may, without prejudice to any other function exercisable by such member or person— | ||
(a) require the suspected person— | ||
(i) to desist from continuing or recommencing that activity, | ||
(ii) to give to the member or authorised person, as the case may be, his or her name and address and, if requested, to verify the information given, and | ||
(iii) to give to the member or authorised person, as the case may be, such information and assistance as the member or authorised person considers necessary for the purposes of exercising his or her functions under the Wildlife Acts 1976 to 2018, | ||
and | ||
(b) arrest without warrant or cause any other person acting under direction of such member or authorised person to arrest without warrant or to assist in arresting the suspected person if that person— | ||
(i) continues or recommences that activity, | ||
(ii) fails to give his or her name or address or any information or assistance requested or required, or | ||
(iii) gives a name or address or information which the member or authorised person has reasonable grounds to suspect is false or misleading, | ||
and where the suspected person has been so arrested by an authorised person, the authorised person shall, as soon as is practicable in the circumstances, deliver the suspected person into the custody of a member of the Garda Síochána to be dealt with according to law. | ||
(3) A member of the Garda Síochána or an authorised person may, if he or she has reasonable grounds for suspecting that a person is committing or has committed an offence under any provision of the Wildlife Acts 1976 to 2018, at all reasonable times enter any land (other than a dwelling save with the consent of its occupier) to which the suspicion relates and may also, whether on that land or otherwise— | ||
(a) search any vehicle, vessel or aircraft or any mechanically-propelled vehicle (within the meaning of the Road Traffic Act 1961 ) used or suspected of being used to transport, export or import any specimen of fauna, flora, fossils or minerals or any part, product or derivative of any such specimen contrary to any provision of the Wildlife Acts 1976 to 2018, and such member or authorised person, for the purpose of carrying out the search, may, if he or she thinks fit, require the person who for the time being is in control of the vehicle, vessel or aircraft or mechanically propelled vehicle to bring it to a stop or refrain from moving it, | ||
(b) open and examine any package, parcel, box or other container which he or she reasonably suspects is being so used, | ||
(c) require the person who is for the time being in control of a vehicle, vessel, aircraft or any mechanically propelled vehicle mentioned in paragraph (a) or any other person found thereon or therein to— | ||
(i) give his or her name and address, | ||
(ii) give such information and assistance as the member or authorised person, as the case may be, considers necessary for the purposes of exercising his or her functions under this Act, and | ||
(iii) produce for examination any book, record or other document which relates to any specimen of fauna or flora and which is in the person’s possession or under his or her control and, if known to the person, the name and address of the owner of any specimen of fauna or flora or any part or product of fauna or flora found in the course of the search, | ||
(d) inspect and, if he or she thinks fit, take copies of any entry in any book, record or other document produced pursuant to a requirement made under this subsection, | ||
(e) if— | ||
(i) such member or authorised person has reasonable grounds for suspecting that any offence has been or is being committed under the Wildlife Acts 1976 to 2018 with or in relation to anything found in the course of the search, | ||
(ii) he or she reasonably suspects that any vehicle, vessel, aircraft or mechanically propelled vehicle has been or is being used in committing an offence under the Wildlife Acts 1976 to 2018 and it appears to him or her that it might be required in evidence in proceedings for an offence under those Acts, or | ||
(iii) a document so found is a record or other document which the member or person has reason to believe might be required as evidence in proceedings for an offence under the Wildlife Acts 1976 to 2018, | ||
the member or authorised person may seize and detain it and anything else so found which appears to him or her to be something which might be required as evidence in proceedings for an offence under the Wildlife Acts 1976 to 2018, and | ||
(f) require, if considered necessary in order to determine the identity or ancestry of any specimen of fauna, the taking from that specimen of a sample of blood or tissue but only if— | ||
(i) the sample is taken by a veterinary practitioner registered under Part 4 of the Veterinary Practice Act 2005 , and | ||
(ii) in the opinion of the veterinary practitioner the taking of such a sample will not cause lasting harm to the specimen.”, | ||
and | ||
(d) in section 73(2), by inserting after paragraph (ii) the following: | ||
“(iia) require a person referred to in paragraph (ii) to give such information and assistance as he or she considers necessary for the purposes of exercising his or her functions under the Wildlife Acts 1976 to 2018,”. | ||