Wildlife Act, 1976

Penalties.

74.—(1) Where a person is guilty of an offence under this Act, not being an offence mentioned in subsection (2) or (3) of this section, subject to the said subsection (3), such person shall be liable on summary conviction—

(a) in the case of a first offence under the particular section or subsection, to a fine not exceeding fifty pounds,

(b) in the case of a second such offence, to a fine not exceeding one hundred pounds, and

(c) in the case of a third or subsequent such offence, to a fine not exceeding two hundred pounds.

(2) Where a person is guilty of an offence under section 69 (2) of this Act because of a contravention of, or of a failure to comply with, regulations under section 59 of this Act or is guilty of any offence under this Act, being an offence committed on land to which an establishment order, a recognition order, a designation order or an agreement under section 18 of this Act relates, the person shall be liable—

(a) on summary conviction to a fine not exceeding two hundred and fifty pounds, or

(b) on conviction on indictment to a fine not exceeding five hundred pounds.

(3) Where a person is guilty of an offence under section 21 (4), 22 (4), 23 (5), 44 (1), 45 , 51 , 52 or 53 of this Act and the flora or fauna in relation to which the offence was committed is of a species for the time being declared by regulations under this section to be a species to which this subsection relates, and the particular specimen to which the offence relates is of a species to which such regulations apply, such person shall be liable—

(a) on summary conviction to a fine not exceeding two hundred and fifty pounds, or

(b) on conviction on indictment to a fine not exceeding five hundred pounds.

(4) Where the Minister is satisfied that a particular species of fauna or flora is in danger of extinction throughout the State or in a particular area of the State, he may by regulations declare the species to be one to which subsection (3) of this section relates and in case the Minister makes regulations under this section the regulations shall apply, as may be specified therein, either to every animal or plant of the species in the State or to every such animal or plant in a particular area of the State so specified.