Wildlife (Amendment) Act, 2000
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Amendment of section 74 (penalties) of Principal Act. |
68.—Section 74 of the Principal Act is hereby amended— | |
(a) in subsection (1)— | ||
(i) by the substitution of “under the Wildlife Acts, 1976 and 2000” for “under this Act” and of “subsection (2), (3) or (3A)” for “subsection (2) or (3)”, | ||
(ii) by the substitution, in paragraph (a), of “£500 or to imprisonment for a term not exceeding 3 months or to both” for “fifty pounds”, | ||
(iii) by the substitution, in paragraph (b), of “£1,000 or to imprisonment for a term not exceeding 6 months or to both” for “one hundred pounds”, and | ||
(iv) by the substitution, in paragraph (c), of “£1,500 or to imprisonment for a term not exceeding 12 months or to both” for “two hundred pounds”, | ||
(b) in subsection (2)— | ||
(i) by the insertion of “under section 59(11) or” after “guilty of an offence” and of “or land to which a natural heritage area order” after “section 18 of this Act”, | ||
(ii) by the substitution, in paragraph (a), of “£1,500 or to imprisonment for a term not exceeding 12 months or to both” for “two hundred and fifty pounds”, and | ||
(iii) by the substitution, in paragraph (b), of “£50,000 or to imprisonment for a term not exceeding 2 years or to both” for “five hundred pounds”, | ||
(c) by the substitution of the following for subsection (3)— | ||
“(3) Where a person is guilty of an offence under Part II or under section 45, 47, 51, 52, 53, 53A or 58(3)(b) of this Act in relation to— | ||
(a) any specimen of a species of fauna specified in the Fourth Schedule to this Act, | ||
(b) any specimen of a species listed in annexes to the CITES Regulations, or | ||
(c) any specimen of a species of flora or fauna which is of a species for the time being declared by regulations under this section to be a species to which this subsection relates, | ||
such person shall be liable— | ||
(i) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or | ||
(ii) on conviction on indictment to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 2 years or to both.”, | ||
(d) by the addition of the following after subsection (3): | ||
“(3A) Where a person is guilty of an offence under Chapter II of Part III of the Wildlife (Amendment) Act, 2000, or under the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ), such person shall be liable— | ||
(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or | ||
(b) on conviction on indictment to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 2 years or to both.”, | ||
(e) by the substitution of the following for subsection (4): | ||
“(4) Where the Minister is satisfied that a particular species of fauna or flora is in danger of extinction or requires special protection because of a threat to its existence throughout the State or in any specified area of the State, the Minister may by regulations declare— | ||
(a) the species, or | ||
(b) the species in any specified area, | ||
to be one to which subsection (3) of this section relates.”, | ||
and the said subsections (1) and (2), as so amended, are set out in the Table to this section. | ||
TABLE | ||
(1) Where a person is guilty of an offence under the Wildlife Acts, 1976 and 2000, not being an offence mentioned in subsection (2), (3) or (3A) 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 £500 or to imprisonment for a term not exceeding 3 months or to both, | ||
(b) in the case of a second such offence, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, and | ||
(c) in the case of a third or subsequent such offence, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both. | ||
(2) Where a person is guilty of an offence under section 59(11) or 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 or land to which a natural heritage area order relates, the person shall be liable— | ||
(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or | ||
(b) on conviction on indictment to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 2 years or to both. |