Heritage Act 2018

Penalties and fixed payment notice

10. (1) The following sections are substituted for section 74 of the Act of 1976:

“Penalties

74. (1) Where a person commits an offence under the Wildlife Acts 1976 to 2018, not being an offence mentioned in subsection (2), (3) or (4), such person is liable on summary conviction to a class A fine.

(2) Where a person commits an offence under section 28, 33, 34 or 38 (not being an offence to which subsection (3) applies) such person is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) Where a person commits an offence under Part II (other than under section 28, 33, 34 or 38) or under section 45, 47, 51, 52, 53A or 58(3)(b) in relation to—

(a) any specimen of a species of fauna specified in the Fourth Schedule,

(b) any specimen of a species listed in annexes to the CITES Regulations, or

(c) any specimen of a species of flora or fauna which is of a species for the time being declared by regulations under this section to be a species to which this subsection relates,

such person is liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or to both.

(4) Where a person commits an offence under section 19(9), 21(4)(a) or 36(11) of the Wildlife (Amendment) Act 2000 , such person is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(5) Where a person commits an offence under section 69(3)(c) such person is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

(6) Where the Minister is satisfied that a particular species of fauna or flora is in danger of extinction or requires special protection because of a threat to its existence throughout the State or in any specified area of the State, the Minister may by regulations declare—

(a) the species, or

(b) the species in any specified area,

to be one to which subsection (3) relates.

Fixed payment notice

74A. (1) Where a member of the Garda Síochána or an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under the Wildlife Acts 1976 to 2018 (referred to in section 74(1)) and declared to be a fixed payment offence, he or she may serve the person with a notice, in the prescribed form stating that—

(a) the person is alleged to have committed the offence specified in the notice,

(b) the person may, during the period of 21 days beginning on the date of the notice, make to the Minister, at the address specified in the notice a payment of the prescribed amount (being not more than €500) accompanied by the notice, duly completed, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if a payment specified in the notice, accompanied by the notice, duly completed, is made during that period, no prosecution in respect of that alleged offence will be instituted.

(2) Where notice is given under subsection (1)—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice, the payment specified in the notice, accompanied by the notice, duly completed,

(b) the Minister may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made, accompanied by the notice, duly completed, during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) The Minister may by order declare offences, referred to in section 74(1), under the Wildlife Acts 1976 to 2018 to be fixed payment offences for the purposes of this section.

(4) The Minister may make regulations prescribing any matter or thing which is referred to in this section as prescribed or to be prescribed and in prescribing the amount to accompany the payment of a notice under this section may prescribe different amounts in relation to different fixed payment offences.

(5) In a prosecution for an offence referred to in subsection (1) the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.”.

(2) The following provisions are repealed:

(a) paragraph (a) of section 63 and section 68 of the Act of 2000;

(b) section 7 of the Act of 2010.