Wildlife Act, 1976
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Powers of Garda Síochána and authorised persons. |
72.—(1) The Minister may appoint in writing a person to be an authorised person for the purposes of this Act. | |
(2) A member of the Garda Síochána or an authorised person may, if he has reasonable grounds for suspecting that a person has committed an offence under Part II or under section 45 , 47 , 51 , 52 or 53 of this Act, at all reasonable times stop any person who is suspected by him of being in any way concerned in the offence and require the person to give his name and address and to declare and, if such member or authorised person, as the case may be, considers it necessary, to produce on demand for examination any specimen of fauna or flora or any part or product of any such specimen or any thing which is mentioned in subsection (7) of this section, which is in the person's possession and such member or authorised person may seize and detain any specimen or part or product of a specimen or any thing so produced which appears to him to be something which might be required as evidence in proceedings for an offence under this Act. | ||
(3) A member of the Garda Síochána or an authorised person may, if he has reasonable grounds for suspecting that a person has committed an offence under Part II or under section 45 , 47 , 51 , 52 or 53 of this Act, at all reasonable times— | ||
(a) search any vehicle, vessel or aircraft which he reasonably suspects of being used to transport, export or import any specimen of fauna or flora or any part or product of any such specimen contrary to the said section 51, 52 or 53, and such member or authorised person, for the purpose of carrying out the search, may, if he thinks fit, require the person who for the time being is in control of the vehicle, vessel or aircraft to bring it to a stop or refrain from moving it, | ||
(b) open and examine any package, parcel, box or other container which he reasonably suspects is being so used, | ||
(c) require the person who is for the time being in control of a vehicle, vessel or aircraft mentioned in paragraph (a) of this subsection or any other person found thereon to furnish to him that person's name and address and to produce for examination any book, record or other document which relates to any specimen of fauna or flora or any part or product of fauna or flora and which is in the person's possession or under his control and, if known to the person, the name and address of the owner of any specimen of fauna or flora or any part or product of fauna or flora found in the course of the search, | ||
(d) inspect and, if he thinks fit, take copies of any entry in any book, record or other document produced pursuant to a requirement made under this subsection, | ||
and if— | ||
(i) such member or authorised person has reasonable grounds for suspecting that an offence has been or is being committed under this Act with or in relation to anything found in the course of the search, or | ||
(ii) a document so found is a record or other document which the member or person has reason to believe may be required as evidence in proceedings for an offence under this Act, | ||
the member or authorised person may seize and detain that thing or document and anything else so found which appears to him to be something which might be required as evidence in proceedings for an offence under this Act. | ||
(4) (a) A member of the Garda Síochána or an authorised person may at any time for the purpose of exercising the powers conferred on him by subsection (2) and paragraph (a) of subsection (3) of this section enter on any land. | ||
(b) Paragraph (a) of this subsection shall not be construed as enabling a member of the Garda Síochána or an authorised person to enter buildings on land. | ||
(5) Every person authorised by the Minister under subsection (1) of this section shall be furnished with a certificate of his authorisation and when exercising a power under this Act shall, if requested by any person thereby affected, produce such certificate for inspection by the person. | ||
(6) Nothing in this section shall operate to prejudice any power to search or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section. | ||
(7) The things referred to in subsection (2) of this section are a firearm, trap, snare, net, line, hook, arrow, dart or spear, or a similar device, instrument or missile calculated or likely to cause death or bodily injury to any wild bird or wild mammal coming in contact with it, birdlime or any substance of a like nature, poisonous, poisoned or stupefying bait, tracer shot or a gun or container mentioned in section 33 (2) of this Act, and a decoy or electrical or other instrument, device or appliance mentioned in section 35 (1) or 38 of this Act. |