Wildlife Act, 1976

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

12.—(1) This section applies to—

(a) a local authority,

(b) the Commissioners,

(c) any other body which is—

(i) established by or under statute and financed wholly or partly by means of loans or grants made by a Minister of State,

(ii) a company (in this subsection referred to as a State-sponsored company) within the meaning of the Companies Act, 1963 , in which the majority of the shares are held by or on behalf of a Minister of State,

(iii) a company within the meaning of the said Act in which the majority of the ordinary shares are held by a State-sponsored company, or a body established and financed in the manner specified in subparagraph (i) of this paragraph, and

as regards which there is in force for the time being a direction given for the purposes of this section by the Minister.

(2) Subject to subsection (3) of this section, a Minister of State other than the Minister and every authority or body to which this section applies shall—

(a) before determining any matter or doing anything which is, in his or their opinion, or is represented by the Minister to the other Minister of State, or the authority or body to be likely or liable to affect, or to interfere with, the suitability for a nature reserve or a refuge, as may be appropriate, of land to which an establishment order, a recognition order or a designation order applies, or the management of land pursuant to and in accordance with an agreement under section 18 of this Act, consult the Minister as regards the avoidance or minimising of such effect or interference, and

(b) take all practicable steps to avoid or minimise such effect or interference.

(3) Subsection (2) of this section shall not apply in relation to—

(a) any determination made or anything done in an emergency,

(b) the functions of the Minister for Local Government or of a planning authority under Parts III and IV of the Local Government (Planning and Development) Act, 1963 , or under Part V of that Act (other than sections 47, 48 and 49) or under the Local Government (Planning and Development) Act, 1976 , or

(c) the functions of the Board, or

(d) the functions of the Commissioners under the Arterial Drainage Acts, 1945 and 1955.

(4) The Minister may give in relation to a body described in subsection (1) (c) of this section a direction for the purposes of this section and any such direction shall come into force when given and shall continue in force until cancelled by the Minister.