Wildlife (Amendment) Act, 2000

Amendment of section 52 (import of fauna and flora) of Principal Act.

56.—Section 52 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the insertion after “importation” of “into the State from outside the European Union”,

(ii) by the insertion, in paragraph (a), of “, at any stage of its life,” after “any wild animal or wild bird”,

(iii) 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”,

(iv) 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,”,

(v) by the insertion, in paragraph (f), of “, seeds, spores”, after “flowers”, and

(vi) 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 imported into the State from 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 imported into the State from 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 insertion of the following after subsection (4):

“(4A) Any officer of An Post duly authorised in that behalf may detain and examine and, if considered necessary, open for that purpose any postal packet containing, or reasonably suspected by that officer of containing, any thing which is being imported 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.”,

(d) by the addition of the following after subsection (5):

“(6) (a) The Minister may, if considered necessary, by regulations prohibit the possession or introduction of any species of wild bird, wild animal or wild flora or any part, product or derivative of such wild bird, wild animal or wild flora which may be detrimental to native species.

(b) Where non-native species of wild bird, wild animal or wild flora or any part, product or derivative of such wild bird, wild animal or wild flora have been introduced, the Minister shall, to the extent that it is feasible and appropriate, take measures to ensure that such introductions do not pose a potential hazard to native stocks.

(7) Any person who—

(a) turns loose, wilfully allows or causes to escape any species of wild animal or the spawn of such wild animal or wild bird or the eggs of such wild bird,

(b) transfers any species of wild animal or the spawn of such wild animal or wild bird or the eggs of such wild bird from any place in the State to any other place in the State for the purpose of establishing it in a wild state in such other place,

(c) plants or otherwise causes to grow in a wild state in any place in the State any species of flora, or the flowers, roots, seeds or spores of flora,

otherwise than under and in accordance with a licence granted in that behalf by the Minister shall be guilty of an offence.

(8) For the purposes of subsection (7), any reference to wild animals, wild birds, plants, flowers, roots, seeds or spores refers only to exotic species thereof.”,

and the said subsection (1) (other than paragraphs (b), (d) and (e)), as so amended (including an amendment 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) The Minister may, after consultation with the Minister for Agriculture, Food and Rural Development, by regulations prohibit the importation into the State from 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 animal or wild bird, at any stage of its life, of a species specified in the regulations,

(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,

(f) the flowers, seeds, spores or roots of any such 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.