Protection of Animals (Amendment) Act, 1965

Restrictions on spring traps.

8.—(1) The Minister may, by order, declare a particular type of spring trap to be an approved trap for the taking or killing of animals or a particular kind or kinds of animal and may by such order attach such conditions, if any, as he considers appropriate to the use of that type of trap.

(2) Any person who, after the appointed day, for the purpose of taking or killing an animal uses a spring trap that is not approved, under subsection (1) of this section, for the purpose of taking or killing that kind of animal or who fails to observe a condition attached, in accordance with subsection (1) of this section, to its use, shall be guilty of an offence under this section.

(3) Any person who, after the appointed day, by way of trade or business sells a spring trap other than a trap approved in accordance with subsection (1) of this section shall be guilty of an offence under this section.

(4) Upon application made to him by any person the Minister may grant to the person a permit authorising him to purchase, possess and use a spring trap other than an approved trap for the sole purpose of taking or killing otters and may revoke such a permit.

(5) A person who is in possession of a permit under subsection (4) of this section which is in force may, notwithstanding the provisions of subsection (2) of this section, take or kill otters by means of a spring trap that is not an approved trap.

(6) Notwithstanding the provisions of subsection (3) of this section it shall not be unlawful for any person to sell a spring trap that is not an approved trap provided the purchaser produces to the seller a permit granted under subsection (4) of this section.

(7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding twenty pounds or, if he has been previously convicted of such an offence, a fine not exceeding fifty pounds.

(8) An order under subsection (1) of this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(9) On the appointed day, so much of section 6 of the Ground Game Act, 1880 , as provides that no person having a right to kill ground game shall, for the purpose of killing ground game, employ spring traps, except in rabbit holes, or employ poison, shall cease to have effect.

(10) The Minister may by order revoke or amend an order under this section, including an order under this subsection.

(11) In this and the next following section “the appointed day” means the 1st day of June, 1968.