S.I. No. 7/1964 - Curragh Bye-Laws, 1964.


S.I. No. 7 of 1964.

CURRAGH BYE-LAWS, 1964.

I, GEARÓID MAC PHARTHALÁIN, Minister for Defence, in exercise of the powers conferred on me by section 16 of the Curragh of Kildare Act, 1961 (No. 35 of 1961), hereby make the following bye-laws :

1. These Bye-laws may be cited as the Curragh Bye-laws, 1964.

2. These Bye-laws shall come into operation on the 1st day of February, 1964.

3. In these Bye-laws—

" the Act of 1961 " means the Curragh of Kildare Act, 1961 (No. 35 of 1961) ;

" the Green Lands ", " the Blue Lands ", " the Curragh " and " the Minister " have the meanings respectively assigned to them by the Act of 1961 ;

" Head Bailiff " means a person known by that name who is employed by the Minister to carry out duties in relation to the management of the Curragh ;

" the Lands " means the Green Lands and the Blue Lands ;

" official brand " means the brand standing designated for the time being under paragraph (xiv) of Bye-law 5 of these Bye-laws ;

" Under Bailiff " means a person known by that name employed by the Minister to assist the Head Bailiff in the carrying out of his duties.

4. A person shall not (unless authorised by the Head Bailiff to do so) bring an animal into the Green Lands or the Blue Lands, have, keep or graze an animal on the Lands or permit an animal to be on the Lands.

5. (i) Animals other than sheep shall not be depastured on the Green Lands or Blue Lands or be turned out to depasture thereon.

(ii) Sheep shall not be depastured on the Green Lands or Blue Lands save under and in accordance with the Curragh of Kildare Act, 1870, and the Act of 1961.

(ii) Notice of intention to move sheep on to or off the Green Lands or Blue Lands shall be given to the Head Bailiff at least three days in advance.

(iv) Sheep shall not be depastured on the Green Lands or Blue Lands unless they are branded with the official brand and the sheep-owner's brand. They may be brought on to the Lands on Mondays, Wednesdays and Fridays only and shall be presented for branding with the official brand before 12 noon on the day on which they are brought on to the Lands of the Head Bailiff at Ballymany pens or such other place as may be designated by the Minister. The Head Bailiff may refuse to admit sheep on to the Lands unless satisfied that the sheep are entitled, by virtue of the Curragh of Kildare Act, 1870, and the Act of 1961, to be admitted.

(v) All sheep on the Green Lands and Blue Lands shall be either—

(a) removed from the Lands on or before the 31st day of March in each year, or

(b) presented on or before the 31st day of March in each year for re-branding at Ballymany pens or such other place as may be designated by the Minister. Notice of intention to present sheep for re-branding shall be given to the Head Bailiff at least three days in advance and the owner of the sheep shall satisfy the Head Bailiff that the sheep are entitled, by virtue of the Curragh of Kildare Act, 1870, and the Act of 1961, to be depastured and grazed on the Green Lands and Blue Lands during the ensuing season.

(vi) As soon as may be after a sheep depastured on the Lands has been sheared it shall be presented to the Head Bailiff for re-branding with the official brand, and shall also be re-branded with the sheep-owner's brand.

(vii) Before bringing sheep on to the Green Lands or the Blue Lands, a sheep-owner shall furnish a precise description of the brand used by him to the Head Bailiff and shall give three days' notice of any proposed change in that brand.

(viii) A sheep-owner shall not use a brand similar to the official brand.

(ix) After the 1st day of September in each year, lambs shall be classified as sheep and shall not be depastured or grazed on the Green Lands or the Blue Lands afterthat date unless branded with the official brand and the sheep-owner's brand.

(x) Sheep may be removed from the Green Lands or the Blue Lands on Mondays, Wednesdays and Fridays only and shall be presented to the Head Bailiff before 12 noon on the date of removal at Ballymany pens or such other place as may be designated by the Minister and shall there be counted and, if the Head Bailiff thinks it is desirable to do so, the official brand on the sheep shall be cancelled.

(xi) The Head Bailiff may at any time require a sheep-owner to collect his sheep for the purposes of counting them and inspecting their brands.

(xii) Where a sheep has died, the owner shall have it removed from the Curragh as soon as may be.

(xiii) A person shall not (unless authorised by the Head Bailiff to do so) erect, or cause to be erected, a sheep pen on the Green Lands or the Blue Lands.

(xiv) The Head Bailiff may from time to time designate a brand for use on all sheep depastured on the Green Lands or the Blue Lands.

6. A person shall not (unless authorised by the Minister to do so) raise, take or carry away from the Curragh any sand, gravel, stone, clay, turf or other substance or dig for the same on or in the Curragh or otherwise disturb the surface of the soil of the Curragh.

7. A person shall not (unless authorised by the Minister to do so) bring or drive a vehicle over the Curragh other than on a public road or a road open to the public.

8. A person shall not (unless authorised by the Minister to do so) remove or in any other way interfere with any notice, post, railing, chain, fence or fitting or property of any kind on the Curragh.

9. A person shall not (unless authorised by the Minister to do so) encroach on or make any use of or interfere with or obstruct the authorised user of the Curragh or by act or omission do any-think likely to cause damage or injury to property or persons on the Curragh.

10. A person shall not (unless authorised by the Minister to do so) erect a jump, hurdle, starting-gate or other structure on the Curragh.

11. A person shall not (unless authorised by the Minister to do so) exercise a horse or any other animal on the Curragh.

12. A person shall not (unless authorised by the Minister to do so) cut down, lop, top, trim, dig up, set fire to, remove or otherwise interfere with any tree, shrub or furze on the Curragh.

13. A person shall not (unless authorised by the Minister to do so) place, have or keep any manure, rubbish or refuse on the Curragh.

14. (1) The officer in command of the portion of the Defence Forces stationed at the Camp (within the meaning of the Act of 1961) or any member of the Permanent Defence Force acting under his authority or the Head Bailiff may demand of a person committing a breach of these Bye-laws his name and address and may remove him from the Curragh.

(2) A person of whom his name and address is demanded under this Bye-law shall furnish it upon demand to the person making the demand.

15. The powers and duties of the Head Bailiff under these Bye-laws may be exercised, in his absence or under his authority, by an Under Bailiff.

16. Bye-laws 4 to 14 of these Bye-laws are penal bye-laws.

Given under my Official Seal, this 15th day of January, 1964.

GEARÓID MAC PHARTHALÁIN,

Minister for Defence.

EXPLANATORY NOTE.

These bye-laws supersede the bye-laws made on 4th of December, 1868, under the Curragh of Kildare Act, 1868, and provide for the regulation of the use and management of the Curragh.