Wildlife Act, 1976

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Licences to hunt with firearms.

29.—(1) Subject to section 75 (1) of this Act, the Minister may, if he thinks fit, grant to a person ordinarily resident in the State, who when making the application makes a declaration in a form approved of for the purposes of this section by the Minister, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, exempted wild mammals (other than hares).

(2) Subject to section 75 (1) of this Act, the Minister may, if he thinks fit, grant to a person ordinarily resident outside the State, who when making application for the licence makes a declaration referred to in subsection (1) of this section, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, exempted wild mammals and protected wild birds to which an order under section 24 of this Act for the time being applies.

(3) In determining an application for a licence or renewal under subsection (1), subsection (2) or subsection (6) of this section, the Minister shall have regard to the conservation requirements of the species of protected wild birds or exempted wild mammals concerned and to the suitability of the applicant having regard to those requirements or to the purposes of this Act.

(4) A licence granted or renewed by the Minister under this section shall remain in force for a period beginning on the day on which the licence is granted or renewed and ending on the next following 31st day of July and subject to its terms the licence shall operate to authorise the holder of the licence, for so long as the licence is in force, to hunt and kill with firearms any fauna to which the licence relates pursuant to and in accordance with such orders (if any) made under section 24 or 25 of this Act as are for the time being in force.

(5) Where a person applies to a Superintendent of the Garda Síochána for the grant under section 3 of the Firearms Act, 1925 , of a firearm certificate or the renewal under section 9 of the Firearms Act, 1964 , of such a certificate and when making the application for such certificate or renewal the person makes a declaration referred to in subsection (1) of this section, the certificate shall, if it is endorsed in the manner described in subsection (8) of this section, for the purposes of sections 22 (4) and 23 (5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75 (1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates—

(a) to hunt and kill pursuant to any order under section 24 of this Act which for the time being is in force any protected wild bird,

(b) to hunt and kill pursuant to and in accordance with any order under section 25 of this Act which is so in force any hare.

(6) A licence granted by the Minister under this section (other than a licence deemed pursuant to subsection (5) of this section to have been so granted) may, if the Minister thinks fit, be renewed by him on the application of the holder of the licence who when making the application makes a declaration referred to in subsection (1) of this section.

(7) A person aggrieved by a refusal by the Minister to grant a licence under subsection (1) or (2) of this section or to renew a licence under subsection (6) of this section may appeal to a Justice of the District Court against the refusal, and in determining the appeal the Justice may—

(a) confirm the refusal, or

(b) allow the appeal, inform the Minister of his decision and direct the Minister as soon as may be to grant to the applicant or renew, as may be appropriate, a licence under this section.

(8) Where a firearm certificate is granted to a person described in subsection (5) of this section, there shall be endorsed on the certificate the following:

“This certificate, for so long as it is in force, authorises the person to whom it is granted, with the firearm to which it relates—

(a) to hunt and kill pursuant to any order under section 24 of the Wildlife Act, 1976, which is for the time being in force any protected wild bird within the meaning of that Act,

(b) to hunt and kill pursuant to and in accordance with any order under section 25 of the said Act which is so in force any hare.”.

(9) Where any convention, protocol or other agreement between the State and any other country or territory provides for the reciprocal recognition of licences granted or deemed to have been granted under this section and other licences, permits, permissions or authorisations granted or issued in that country or territory, the Minister may by regulations declare and provide that any such other licence, permit, permission or authorisation which is for the time being in force shall be deemed to be, and shall have the same legal effect as a licence under this section.

(10) The holder of a licence granted or renewed under this section or of a firearm certificate endorsed in the manner described in subsection (8) of this section shall, if the Minister so requires either by a notice in writing sent to the holder or by a notice published for the purposes of this subsection in at least one daily newspaper published in the State, give to the Minister the following information, namely, a statement of the number of species of protected wild birds and the number and species of protected wild animals shot and taken by the holder during such period as the Minister specifies in the notice and either, as may be so specified, in any place in the State or in any place in a part of the State which is so specified.

(11) A person who fails to comply with a requirement of the Minister under subsection (10) of this section shall be guilty of an offence.

(12) Nothing in this section shall be construed as affecting anything contained in the Firearms Acts, 1925 to 1971.