Wildlife (Amendment) Act, 2000
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Amendment of section 53 (export of fauna and flora) of Principal Act. |
57.—Section 53 of the Principal Act is hereby amended— | |
(a) in subsection (1)— | ||
(i) by the insertion after “export” of “from the State to outside the European Union”, | ||
(ii) by the substitution, in paragraph (a), of “any wild bird or any wild animal, at any stage of its life,” for “protected wild birds or protected wild animals”, | ||
(iii) by the substitution, in paragraph (b), of “wild bird or wild animal” for “protected wild bird or protected wild animal”, | ||
(iv) by the substitution, in paragraph (c), of “or any product or derivative” for “or any product” and of “a part, product or derivative” for “a part or product”, | ||
(v) by the insertion of the following after paragraph (d): | ||
“(dd) any part, product or derivative of the eggs or spawn of a wild animal or wild bird which is a part, product or derivative so specified,”, | ||
(vi) by the deletion, in paragraph (e), of “and to which an order under section 21 of this Act for the time being applies”, | ||
(vii) by the insertion, in paragraph (f), of “, seeds, spores” after “flowers”, and | ||
(viii) by the insertion, in paragraph (g), of “, seeds, spores” after “flowers” and by the substitution of “or any product or derivative” for “or any product” and of “a part, product or derivative” for “a part or product”, | ||
(b) by the insertion of the following after subsection (1): | ||
“(1A) (a) The Minister may, and shall in the case to which paragraph 1 of Article 12 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein relates, designate in writing the ports, airports and other places through which wild animals, wild birds or the eggs or spawn of wild animals or wild birds or plants, flowers, roots, seeds or spores of such plants may be exported from the State to outside the European Union and different places may be prescribed for different specified species. | ||
(b) The Minister may designate in writing the ports, airports and other places through which any part, product or derivative of wild animals, wild birds or of the eggs or spawn of a wild animal or wild bird or of plants, flowers, roots, seeds or spores of such plants, of species specified in the regulations may be exported from the State to outside the European Union and different places may be prescribed for different specified species. | ||
(c) A designation under this subsection may be amended or revoked in writing by the Minister. | ||
(d) Notice of the making of a designation under this subsection, and every amendment or revocation thereof, shall be published in the Iris Oifigiúil as soon as possible after it has been made, amended or revoked, as the case may be.”, | ||
(c) by the substitution of the following for subsection (4): | ||
“(4) Any officer of An Post duly authorised in that behalf may detain and examine and if necessary open for that purpose any postal packet containing, or suspected by that officer of containing, any thing which is being exported in contravention of this section, and if a postal packet so detained contains any such thing, the officer of An Post shall dispose of the packet and its contents in accordance with the instructions of the Minister.”, | ||
and the said subsection (1) (other than paragraphs (d) and (dd)), as so amended (including amendments by virtue of section 6 (1) of the Ministers and Secretaries (Amendment) Act, 1939 ), is set out in the Table to this section. | ||
TABLE | ||
(1) Subject to section 52(5) of this Act, the Minister may, after consultation with the Minister for Agriculture, Food and Rural Development, by regulations prohibit the export from the State to outside the European Union, save under and in accordance with a licence granted by or on behalf of the Minister under this section, of all or any of the following: | ||
(a) any wild bird or any wild animal, at any stage of its life, of a species specified in the regulations, | ||
(b) the dead body or the carcase either of a wild bird or wild animal of a species so specified, | ||
(c) any part, other than the carcase, or any product or derivative of a wild animal or wild bird which is a part, product or derivative so specified, | ||
(e) wild plants which are of a species which is so specified, | ||
(f) the flowers, seeds, spores or roots of any such wild plant, | ||
(g) any part, other than the flowers, seeds, spores or roots, or any product or derivative of any such plant which is a part, product or derivative so specified. |