(LRC Revised)

Number 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This revised Act is an administrative consolidation of the

Wildlife Act 1976

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Employment (Collective

Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024

(14/2024), enacted 9 May 2024, and all statutory instruments up to and including the

Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(Commencement) (No. 2) Order 2024

(S.I. No. 207 of 2024), made 14 May 2024, were

considered in the preparation of this revision.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie.

Number

39

of

1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement and collective citation.

2.

Definitions.

3.

Service of notices, etc.

4.

Expenses.

5.

Application of moneys received by Minister.

6.

Gifts.

7.

Reports.

(Repealed)

8.

Regulations and orders.

9.

Licences.

10.

Repeals.

PART II

Wildlife Conservation and Protection

Chapter I

General

11.

Functions of Minister in relation to wildlife.

12.

Obligations generally of Ministers of State and certain other authorities and bodies

in relation to nature reserves and refuges.

13.

Wildlife Advisory

Council.

(Repealed)

14.

Establishment of boards to provide or administer certain services.

Chapter II

Reserves and Refuges

15.

Nature reserves on lands owned by the Minister or by the State.

16.

Nature reserves on land other than land to which section 15 applies.

17.

Refuges for fauna.

18.

Agreement as to user and management of land.

Chapter III

Protection of wild birds, protected animals and flora

19.

Protection of wild birds.

20.

Protection of fauna (other than protected wild birds).

21.

Protection of flora.

22.

Enforcement of protection of wild birds.

23.

Enforcement of protection of wild animals (other than wild birds).

23A.

Prohibition on deer hunting with dogs.

24.

Open seasons for certain protected wild birds.

25.

Open seasons for certain wild mammals.

26.

Licences to hunt otters or deer and to hunt or course hares.

27.

Temporary suspension of open seasons.

Chapter IV

Restrictions to protect wildlife

28.

General restriction as regards hunting or killing with firearms certain exempted wild

mammals and certain protected wild birds.

29.

Licences to hunt with firearms.

30.

Hunting restricted on or over foreshore belonging to State and certain land so belonging.

31.

Sale, purchase and possession of certain perching birds prohibited.

32.

Ringing and marking, and possession of cannon-nets, etc. restricted.

33.

Restriction on use of certain firearms etc.

34.

Certain use of traps, snares etc. prohibited.

35.

Certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted.

36.

Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.

37.

Hunting by night restricted.

38.

Use of lamps, mirrors etc. in hunting prohibited.

39.

Burning of vegetation near woods or certain other land restricted.

40.

Destruction of vegetation on uncultivated land restricted.

Chapter V

Miscellaneous

41.

Falconry etc.

42.

Damage by wild birds etc.

43.

Land drainage schemes.

44.

Unlawful hunting or entry on land and other miscellaneous matters.

PART III

Regulation and control of wildlife dealing and the transport, import and export of

wildlife

45.

Sale, purchase and possession of fauna restricted.

46.

Regulation and control of wildlife dealing.

47.

Prohibition on wildlife dealing without wildlife dealer's licence.

48.

Wildlife dealer’s licence.

49.

Revocation of wildlife dealer’s licence.

50.

Minister may publish list of wildlife dealers or notice of revocation.

51.

Transport of packages etc. containing certain fauna.

52.

Import of fauna and flora.

53.

Export of fauna and flora.

53A.

Regulation of trade in wild flora and fauna and CITES Regulations.

53B.

Simplified procedures for export or re-export of dead specimens of species listed

in Annexes B and C to Council Regulation.

54.

Saver in relation to Customs Acts.

PART IV

Land and Waters

55.

Land purchase orders.

56.

Management etc. of certain land acquired, held or used by the Minister.

57.

State ownership of certain inland waters.

58.

Right to hunt on or over territorial seas of State vested in State.

59.

Regulations permitting and regulating public access to certain land.

60.

Creation of rights of way.

(Repealed)

61.

Extinguishment of easements.

(Repealed)

PART V

Amendment of Enactments.

62.

Amendment of section 3 of Firearms Act, 1925.

63.

Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946

.

64.

Amendment of First Schedule to State Property Act, 1954.

65.

Amendment of Firearms Act, 1964.

66.

Amendment of section 69 of Registration of Title Act, 1964.

67.

Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

PART VI

Miscellaneous

68.

Inspection of land.

(Repealed)

69.

Attempts etc. and miscellaneous other offences.

70.

Prosecution of offences.

71.

Onus of proof.

72.

Powers of Garda Síochána and authorised persons.

73.

Search warrants.

74.

Penalties.

74A.

Fixed payment notice.

75.

Power of court to revoke certain certificates and licences and to impose certain disqualifications.

76.

Forfeiture.

77.

Appeal against seizures.

78.

Disposal of things seized.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Provisions which may be Included in an Order under Section 14

THIRD SCHEDULE

Species of Wild Birds Excluded (subject to Section 22 (2)) from Sections 19 and 22

FOURTH SCHEDULE

Fauna Referred to in Section 22 (6) or 23 (8)

PART I

Species of Protected Wild Birds Referred to in Section 22 (6)

PART II

Species of Protected Wild Animals Referred to in Section 23 (8)

FIFTH SCHEDULE

Animals Referred to in Section 23

Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 57

Forestry Act, 1946

1946, No. 13

Forestry Act, 1956

1956, No. 6

Factories Act, 1955

1955, No. 10

Foreshore Act, 1933

1933, No. 12

Local Government Act, 1941

1941, No. 23

Greyhound Industry Act, 1958

1958, No. 12

Maritime Jurisdiction Act, 1959

1959, No. 22

Companies Act, 1963

1963, No. 33

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Finance Act, 1895

1895, c. 16

Registration of Title Act, 1964

1964, No. 16

Whale Fisheries Act, 1937

1937, No. 4

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Protection of Animals Act, 1911

1911, c. 27

Noxious Weeds Act, 1936

1936, No. 38

Arterial Drainage Act, 1945

1945, No. 3

Game Preservation Act, 1930

1930, No. 11

Destructive Insects and Pests (Consolidation) Act, 1958

1958, No. 11

Diseases of Animals Act, 1966

1966, No. 6

Health Act, 1947

1947, No. 28

Health Act, 1953

1953, No. 26

Agricultural and Fishery Products (Regulation of Export) Act, 1947

1947, No. 18

Water Supplies Act, 1942

1942, No. 1

State Property Act, 1954

1954, No. 25

Protection of Animals (Amendment) Act, 1965

1965, No. 10

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Superannuation Act, 1859

1859, c. 26

Number

39

of

1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2024

AN ACT FOR THE CONSERVATION OF WILDLIFE (INCLUDING GAME) AND FOR THAT PURPOSE TO PROTECT

CERTAIN WILD CREATURES AND FLORA, TO ENABLE A BODY TO BE KNOWN IN THE IRISH LANGUAGE

AS AN CHOMHAIRLE UM FHIADHULRA AND IN THE ENGLISH LANGUAGE AS THE WILDLIFE ADVISORY

COUNCIL TO BE ESTABLISHED AND TO DEFINE ITS FUNCTIONS, TO ENABLE CERTAIN OTHER BODIES

TO BE ESTABLISHED TO PROVIDE OR ADMINISTER CERTAIN SERVICES, TO ENABLE RESERVES AND

REFUGES FOR WILDLIFE TO BE ESTABLISHED AND MAINTAINED, TO ENABLE DEALING IN AND MOVEMENT

OF WILDLIFE TO BE REGULATED AND CONTROLLED, TO MAKE CERTAIN PROVISIONS RELATING TO

LAND, INLAND WATERS AND THE TERRITORIAL SEAS OF THE STATE, TO AMEND CERTAIN ENACTMENTS

AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [22

nd December

, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and

references construed (16.05.2024) by

Local Government (Mayor of Limerick) and

Miscellaneous Provisions Act 2024

(7/2024), ss. 10(2), (4), 26 and sch. 1

part 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Director general

26.

(1) The chief

executive of Limerick City and County Council shall, on and after the vesting day,

be known as the director general of Limerick City and County Council and is in

this Act referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

Sections 10, 23 and 26

...

PART 2

Enactments for Purposes of

Sections 10 and 26

...

No. 39 of 1976

Wildlife Act 1976

The whole Act.

...

C2

Application of Act restricted (23.11.2023) by

European Communities

(Birds Declarations) Regulations 2023

(S.I. No. 576 of 2023), reg. 3(1) and

sch. 1.

Derogations

3. (1) Notwithstanding the

provisions of the

Wildlife Act, 1976

(No. 39 of 1976),

the Minister may, following consultation with such other Minister, or Ministers,

of Government having relevant responsibilities or functions as the Minister

considers appropriate, derogate, by declaration, from any of the obligations of

the State under Articles 5, 6, 7 and 8 of the Directive, in respect of any species

of bird listed in Schedule 1, where there is no other satisfactory solution, for

one, or more, of the following reasons

(a) (i) in the interests

of public health and safety,

(ii) in the interests of

air safety,

(iii) to prevent serious

damage to crops, livestock, forests, fisheries and water, or

(iv) for the protection

of flora and fauna;

(b) for the purposes of

research and teaching, of re-population, of re-introduction and for the breeding

necessary for these purposes;

(c) to permit, under

strictly supervised conditions and on a selective basis, the capture, keeping or

other judicious use of certain birds in small numbers.

...

SCHEDULE 1

Regulation 3(1)

SPECIES OF BIRD

Carrion Crow

Corvus

cornix;

Hooded (Grey) Crow

Corvus

corone;

Magpie

Pica pica;

Rook

Corvus

frugilegus

Jackdaw

Corvus

monedula;

Starling

Sturnus

vulgaris;

Herring

Gull

Larus

argentatus;

Greater

Black-backed Gull

Larus

marinus;

Lesser

Black-backed Gull

Larus fuscus;

House Sparrow

Passer

domesticus;

Pigeon and Dove including

Wood Pigeon (

Columba palumbus

), Feral Pigeon (

Feral Columba livia

)

and Collared Dove (

Streptopelia decaocto

), but not including Carrier

Pigeon, Fan Tailed Pigeon, Homing Pigeon or other domestic types of Rock Dove,

Stock Dove (

Columba oenas

), Wild Rock Dove (

Columba livia

) or Turtle

Dove (

Streptopelia turtur

);

Any species of wild bird where a declaration under Regulation 3 is made

in the interests of air safety.

...

C3

Functions transferred and

references to Department of and Minister for Culture, Heritage and the Gaeltacht

construed (9.09.2020) by Heritage (Transfer of Departmental Administration and

Ministerial Functions) Order 2020 (S.I. No. 339 of 2020), arts. 2 and 3 and sch.

part 1, in effect as per art. 1(2), subject to transitional provisions in arts.

4-8. Note change of Department's name and Minister's title to Housing, Local

Government and Heritage (30.09.2020) by Housing, Planning and Local Government

(Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408

of 2020), in effect as per art. 1(2).

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by this Order are transferred to the Department of Housing,

Planning and Local Government.

(2) References to the Department

of Culture, Heritage and the Gaeltacht contained in any Act or any instrument made

thereunder and relating to any administration and business transferred by

paragraph (1) shall, from the commencement of this Order, be construed as

references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the

Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in

Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the

Schedule are transferred to the Minister for Housing, Planning and Local

Government.

(2) References to the Minister for

Culture, Heritage and the Gaeltacht contained in any Act or instrument made

thereunder and relating to any functions transferred by paragraph (1) shall, from

the commencement of this Order, be construed as references to the Minister for

Housing, Planning and Local Government.

SCHEDULE

Article 3

Part 1

...

Wildlife Act 1976 (No. 39 of 1976) (other than section 59 in so far as it relates

to foreshore which is the property of the State)

...

C4

Application of collectively cited

Wildlife Acts 1976 to 2010

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 9(10), in effect as per reg. 1(3).

Surveillance and monitoring

9.

...

(10) A person may lawfully do anything authorised by a licence under this Regulation

notwithstanding any provision of the

Wildlife Acts 1976 to 2010

and for the avoidance of doubt shall not require a licence under those Acts to do

anything so authorised.

C5

Functions transferred and references to Department of and

Minister for Finance construed (29.07.2011) by

Finance (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art.

1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred

on the Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the

Minister for Public Expenditure and Reform.

...

5. References to the

Minister for Finance contained in any Act or instrument under an Act and

relating to any functions transferred by this Order shall, from the

commencement of this Order, be construed as references to the Minister for

Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 39 of 1976

Wildlife Act 1976

Sections 5, 8, 9 and 76(5); Second Schedule, paragraphs 11 and 12

...

...

...

C6

Application of collectively cited

Forestry Acts 1946 to 1988

restricted (11.09.1998) by

Air Navigation and Transport (Amendment) Act 1998

(24/1998), s. 46(1), S.I. No. 327 of 1998.

Lopping, cutting or removal of certain trees, etc.

46.

—

(1)

Notwithstanding anything contained in the

Forestry Acts, 1946 to 1988

, the company may lop, cut or remove, or cause to be lopped, cut or removed, any tree,

bush, shrub, hedge, plant or other matter growing naturally or with artificial assistance

on land in the vicinity of a State airport which, in the opinion of the company, interferes

with the operation and development of that airport, or which, following consultation

with the Authority, the company considers obstructs or otherwise interferes with the

safety or navigation of aircraft using such airport.

...

Editorial Notes

E1

Certificates of appointment issued under

European Communities (Birds

and Natural Habitats) Regulations 2011

, reg. 4(2)(a) deemed to constitute

any consent required by any Minister of Government under Act (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I.

No. 477 of 2011), reg. 4(8), in effect as per reg. 1(3).

E2

Power to transfer fishery or fishing rights, acquired by or vested in

Minister for Agriculture, Food and the Marine under collectively cited

Forestry

Acts 1946 to 1988

, prescribed (1.07.2010) by

Inland Fisheries Act

2010

(10/2010), s. 64(1)(a), commenced as per s. 5(2) and S.I. No. 262 of

2010, as construed (17.10.2011) by

Agriculture, Fisheries and Food (Alteration

of Name of Department and Title of Minister) Order 2011

(S.I. No. 455 of

2011), art. 4(b), in effect as per art. 1(2).

E3

Existing orders, designation and licenses granted under Act continued

in force (31.07.2001) by

Wildlife (Amendment) Act 2000

(38/2000), s. 4,

S.I. No. 371 of 2001.

E4

Additional powers prescribed in connection with performance of

functions under Act (31.07.2001) by

Wildlife (Amendment) Act 2000

(38/2000), s. 66, S.I. No. 371 of 2001.

E5

Previous affecting provision: functions transferred and references to

Department of and Minister for the Environment, Heritage and Local Government

construed as Department of and Minister for Tourism, Culture and Sport (1.05.2011)

by

Heritage (Transfer of Departmental Administration and Ministerial Functions)

Order 2011

(S.I. No. 192 of 2011), arts. 2 and 3 and sch. part 1, in effect

as per art. 1(2), subject to transitional provisions in arts. 4-8; note change of

name of Department and title of Minister to Arts, Heritage and the Gaeltacht

(2.06.2011) by

Tourism, Culture and Sport (Alteration of Name of Department and

Title of Minister) Order 2011

(S.I. No. 220 of 2011); superseded as per

C-note above.

E6

Previous affecting provision: functions under Act transferred and

references to Department of and Minister for Community, Rural and Gaeltacht

Affairs construed as Department of and Minister for the Environment and Local

Government (10.07.2002) by

Heritage (Transfer of Departmental Administration

and Ministerial Functions) Order 2002

(S.I. No. 356 of 2002), arts. 3 and 4

and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in

arts. 5-9; note change of name of Department and title of Minister to

Environment, Heritage and Local Government (10.06.2003) by

Environment and

Local Government (Alteration of Name of Department and Title of Minister) Order

2003

(S.I. No. 233 of 2003); superseded as per E-note above.

E7

Previous affecting provision: functions under ss. 55, 63(1)-(4)

transferred and references to Department of and Minister for Finance construed as

Department of and Minister for Arts, Culture and the Gaeltacht (2.03.1995) by

Heritage (Transfer of Departmental Administration and Ministerial Functions)

Order 1995

(S.I. No. 61 of 1995), arts. 3 and 4, subject to transitional

provisions in arts. 5-9; superseded as per E-note above.

E8

Previous affecting provision: functions transferred and references to

Department of and Minister for Finance construed as Department of and Minister for

Arts, Culture and the Gaeltacht (20.12.1994) by

Heritage (Transfer of

Departmental Administration and Ministerial Functions) Order 1994

(S.I. No.

443 of 1994), arts. 3 and 4, subject to transitional provisions in arts. 5-9;

superseded as per E-note above.

E9

Previous affecting provision: certain functions transferred and

references to Minister for the Marine construed as Minister for Finance

(2.08.1990) by

Wildlife (Transfer of Departmental Administration and

Ministerial Functions) Order 1990

(S.I. No. 207 of 1990), arts. 3 and 4, in

effect as per art. 1(2); superseded as per E-note above.

E10

Previous affecting provision: functions under ss. 55, 63(1)-(4)

transferred and references to Department of and Minister for Energy construed as

Department of and Minister for Finance (17.12.1988) by

Wildlife (Transfer of

Departmental Administration and Ministerial Functions) Order 1988

(S.I. No.

353 of 1988), arts. 3 and 4, subject to transitional provisions in arts. 5-9;

superseded as per E-note above.

E11

Previous affecting

provision: application of Act restricted (21.07.1986) by

European Communities

(Wildlife Act, 1976) (Amendment) Regulations 1986

(S.I. No. 254 of 1986),

reg. 3(1) and schs. 1, 2, in effect as per reg. 1(2), as amended (26.04.1997) by

European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997

(S.I. No. 152 of 1997), reg. 2, in effect as per reg. 1(2); revoked (23.11.2023)

by

European Communities (Birds Declarations) Regulations 2023

(S.I. No. 576

of 2023), reg. 9.

E12

Previous affecting provision: power to transfer fishery or fishing

rights, acquired by or vested in the Minister under collectively cited

Forestry

Acts 1946 to 1988

, prescribed (18.03.1980) by

Fisheries Act 1980

(1/1980), s. 42(2)(a), commenced on enactment, and as substituted (20.12.1999) by

Fisheries (Amendment) Act 1999

(35/1999), s. 19, S.I. No. 419 of 1999;

repealed (1.06.2010) by

Inland Fisheries Act 2010

(10/2010), s. 4 and sch.

1, commenced on enactment. The Act does not define “the Minister” but

this appears to refer to the Minister for Fisheries and Forestry as the

ministerial title then was.

E13

Previous affecting provision: functions transferred and references to

Department of Energy and Minister for Energy(other than any function in relation

to the Forestry Acts, 1946 to 1976) construed as Department of and Minister for

Finance (30.06.1987) by

Wildlife (Transfer of Departmental Administration and

Ministerial Functions) Order 1987

(S.I. No. 156 of 1987), arts. 3 and 4, in

effect as per art. 1(2), subject to transitional provisions in arts. 5-9;

superseded as per E-note above.

E14

Previous affecting provision: functions under Act transferred and

references to Department of and Minister for the Marine construed as Department of

and Minister for Energy (31.03.1987) by

Forestry and Wildlife (Transfer of

Departmental Administration and Ministerial Functions) Order 1987

(S.I. No.

96 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in arts.

5-9; superseded as per E-note above.

E15

Previous affecting provision: functions under Act transferred and

references to Department of and Minister for the Public Service construed as

Department of and Minister for Finance (19.03.1987) by

Public Service (Transfer

of Departmental Administration and Ministerial Functions) Order 1987

(S.I.

No. 81 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in

arts. 5-9; superseded as per E-note above.

E16

Previous affecting provision: references to Department of and Minister

for Lands under Act construed as Department of and Minister for Fisheries

(9.02.1977) by

Lands (Alteration of Name of Department and Title of Minister)

Order 1977

(S.I. No. 29 of 1977); superseded as per E-note above.

E17

Previous affecting provision: functions under Act relating to fisheries

transferred and references to Department of and Minister for Agriculture and

Fisheries under Act construed as Department of and Minister for Lands (8.02.1977)

by

Fisheries (Transfer of Departmental Administration and Ministerial

Functions) Order 1977

(S.I. No. 30 of 1977), arts. 3, 4(5), subject to

transitional provisions in arts. 5-8; superseded as per E-note above.

Annotations

Modifications (not altering text)

C1

Functions transferred and

references construed (16.05.2024) by

Local Government (Mayor of Limerick) and

Miscellaneous Provisions Act 2024

(7/2024), ss. 10(2), (4), 26 and sch. 1

part 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Director general

26.

(1) The chief

executive of Limerick City and County Council shall, on and after the vesting day,

be known as the director general of Limerick City and County Council and is in

this Act referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

Sections 10, 23 and 26

...

PART 2

Enactments for Purposes of

Sections 10 and 26

...

No. 39 of 1976

Wildlife Act 1976

The whole Act.

...

C2

Application of Act restricted (23.11.2023) by

European Communities

(Birds Declarations) Regulations 2023

(S.I. No. 576 of 2023), reg. 3(1) and

sch. 1.

Derogations

3. (1) Notwithstanding the

provisions of the

Wildlife Act, 1976

(No. 39 of 1976),

the Minister may, following consultation with such other Minister, or Ministers,

of Government having relevant responsibilities or functions as the Minister

considers appropriate, derogate, by declaration, from any of the obligations of

the State under Articles 5, 6, 7 and 8 of the Directive, in respect of any species

of bird listed in Schedule 1, where there is no other satisfactory solution, for

one, or more, of the following reasons

(a) (i) in the interests

of public health and safety,

(ii) in the interests of

air safety,

(iii) to prevent serious

damage to crops, livestock, forests, fisheries and water, or

(iv) for the protection

of flora and fauna;

(b) for the purposes of

research and teaching, of re-population, of re-introduction and for the breeding

necessary for these purposes;

(c) to permit, under

strictly supervised conditions and on a selective basis, the capture, keeping or

other judicious use of certain birds in small numbers.

...

SCHEDULE 1

Regulation 3(1)

SPECIES OF BIRD

Carrion Crow

Corvus

cornix;

Hooded (Grey) Crow

Corvus

corone;

Magpie

Pica pica;

Rook

Corvus

frugilegus

Jackdaw

Corvus

monedula;

Starling

Sturnus

vulgaris;

Herring

Gull

Larus

argentatus;

Greater

Black-backed Gull

Larus

marinus;

Lesser

Black-backed Gull

Larus fuscus;

House Sparrow

Passer

domesticus;

Pigeon and Dove including

Wood Pigeon (

Columba palumbus

), Feral Pigeon (

Feral Columba livia

)

and Collared Dove (

Streptopelia decaocto

), but not including Carrier

Pigeon, Fan Tailed Pigeon, Homing Pigeon or other domestic types of Rock Dove,

Stock Dove (

Columba oenas

), Wild Rock Dove (

Columba livia

) or Turtle

Dove (

Streptopelia turtur

);

Any species of wild bird where a declaration under Regulation 3 is made

in the interests of air safety.

...

C3

Functions transferred and

references to Department of and Minister for Culture, Heritage and the Gaeltacht

construed (9.09.2020) by Heritage (Transfer of Departmental Administration and

Ministerial Functions) Order 2020 (S.I. No. 339 of 2020), arts. 2 and 3 and sch.

part 1, in effect as per art. 1(2), subject to transitional provisions in arts.

4-8. Note change of Department's name and Minister's title to Housing, Local

Government and Heritage (30.09.2020) by Housing, Planning and Local Government

(Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408

of 2020), in effect as per art. 1(2).

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by this Order are transferred to the Department of Housing,

Planning and Local Government.

(2) References to the Department

of Culture, Heritage and the Gaeltacht contained in any Act or any instrument made

thereunder and relating to any administration and business transferred by

paragraph (1) shall, from the commencement of this Order, be construed as

references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the

Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in

Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the

Schedule are transferred to the Minister for Housing, Planning and Local

Government.

(2) References to the Minister for

Culture, Heritage and the Gaeltacht contained in any Act or instrument made

thereunder and relating to any functions transferred by paragraph (1) shall, from

the commencement of this Order, be construed as references to the Minister for

Housing, Planning and Local Government.

SCHEDULE

Article 3

Part 1

...

Wildlife Act 1976 (No. 39 of 1976) (other than section 59 in so far as it relates

to foreshore which is the property of the State)

...

C4

Application of collectively cited

Wildlife Acts 1976 to 2010

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 9(10), in effect as per reg. 1(3).

Surveillance and monitoring

9.

...

(10) A person may lawfully do anything authorised by a licence under this Regulation

notwithstanding any provision of the

Wildlife Acts 1976 to 2010

and for the avoidance of doubt shall not require a licence under those Acts to do

anything so authorised.

C5

Functions transferred and references to Department of and

Minister for Finance construed (29.07.2011) by

Finance (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art.

1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred

on the Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the

Minister for Public Expenditure and Reform.

...

5. References to the

Minister for Finance contained in any Act or instrument under an Act and

relating to any functions transferred by this Order shall, from the

commencement of this Order, be construed as references to the Minister for

Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 39 of 1976

Wildlife Act 1976

Sections 5, 8, 9 and 76(5); Second Schedule, paragraphs 11 and 12

...

...

...

C6

Application of collectively cited

Forestry Acts 1946 to 1988

restricted (11.09.1998) by

Air Navigation and Transport (Amendment) Act 1998

(24/1998), s. 46(1), S.I. No. 327 of 1998.

Lopping, cutting or removal of certain trees, etc.

46.

—

(1)

Notwithstanding anything contained in the

Forestry Acts, 1946 to 1988

, the company may lop, cut or remove, or cause to be lopped, cut or removed, any tree,

bush, shrub, hedge, plant or other matter growing naturally or with artificial assistance

on land in the vicinity of a State airport which, in the opinion of the company, interferes

with the operation and development of that airport, or which, following consultation

with the Authority, the company considers obstructs or otherwise interferes with the

safety or navigation of aircraft using such airport.

...

Editorial Notes

E1

Certificates of appointment issued under

European Communities (Birds

and Natural Habitats) Regulations 2011

, reg. 4(2)(a) deemed to constitute

any consent required by any Minister of Government under Act (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I.

No. 477 of 2011), reg. 4(8), in effect as per reg. 1(3).

E2

Power to transfer fishery or fishing rights, acquired by or vested in

Minister for Agriculture, Food and the Marine under collectively cited

Forestry

Acts 1946 to 1988

, prescribed (1.07.2010) by

Inland Fisheries Act

2010

(10/2010), s. 64(1)(a), commenced as per s. 5(2) and S.I. No. 262 of

2010, as construed (17.10.2011) by

Agriculture, Fisheries and Food (Alteration

of Name of Department and Title of Minister) Order 2011

(S.I. No. 455 of

2011), art. 4(b), in effect as per art. 1(2).

E3

Existing orders, designation and licenses granted under Act continued

in force (31.07.2001) by

Wildlife (Amendment) Act 2000

(38/2000), s. 4,

S.I. No. 371 of 2001.

E4

Additional powers prescribed in connection with performance of

functions under Act (31.07.2001) by

Wildlife (Amendment) Act 2000

(38/2000), s. 66, S.I. No. 371 of 2001.

E5

Previous affecting provision: functions transferred and references to

Department of and Minister for the Environment, Heritage and Local Government

construed as Department of and Minister for Tourism, Culture and Sport (1.05.2011)

by

Heritage (Transfer of Departmental Administration and Ministerial Functions)

Order 2011

(S.I. No. 192 of 2011), arts. 2 and 3 and sch. part 1, in effect

as per art. 1(2), subject to transitional provisions in arts. 4-8; note change of

name of Department and title of Minister to Arts, Heritage and the Gaeltacht

(2.06.2011) by

Tourism, Culture and Sport (Alteration of Name of Department and

Title of Minister) Order 2011

(S.I. No. 220 of 2011); superseded as per

C-note above.

E6

Previous affecting provision: functions under Act transferred and

references to Department of and Minister for Community, Rural and Gaeltacht

Affairs construed as Department of and Minister for the Environment and Local

Government (10.07.2002) by

Heritage (Transfer of Departmental Administration

and Ministerial Functions) Order 2002

(S.I. No. 356 of 2002), arts. 3 and 4

and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in

arts. 5-9; note change of name of Department and title of Minister to

Environment, Heritage and Local Government (10.06.2003) by

Environment and

Local Government (Alteration of Name of Department and Title of Minister) Order

2003

(S.I. No. 233 of 2003); superseded as per E-note above.

E7

Previous affecting provision: functions under ss. 55, 63(1)-(4)

transferred and references to Department of and Minister for Finance construed as

Department of and Minister for Arts, Culture and the Gaeltacht (2.03.1995) by

Heritage (Transfer of Departmental Administration and Ministerial Functions)

Order 1995

(S.I. No. 61 of 1995), arts. 3 and 4, subject to transitional

provisions in arts. 5-9; superseded as per E-note above.

E8

Previous affecting provision: functions transferred and references to

Department of and Minister for Finance construed as Department of and Minister for

Arts, Culture and the Gaeltacht (20.12.1994) by

Heritage (Transfer of

Departmental Administration and Ministerial Functions) Order 1994

(S.I. No.

443 of 1994), arts. 3 and 4, subject to transitional provisions in arts. 5-9;

superseded as per E-note above.

E9

Previous affecting provision: certain functions transferred and

references to Minister for the Marine construed as Minister for Finance

(2.08.1990) by

Wildlife (Transfer of Departmental Administration and

Ministerial Functions) Order 1990

(S.I. No. 207 of 1990), arts. 3 and 4, in

effect as per art. 1(2); superseded as per E-note above.

E10

Previous affecting provision: functions under ss. 55, 63(1)-(4)

transferred and references to Department of and Minister for Energy construed as

Department of and Minister for Finance (17.12.1988) by

Wildlife (Transfer of

Departmental Administration and Ministerial Functions) Order 1988

(S.I. No.

353 of 1988), arts. 3 and 4, subject to transitional provisions in arts. 5-9;

superseded as per E-note above.

E11

Previous affecting

provision: application of Act restricted (21.07.1986) by

European Communities

(Wildlife Act, 1976) (Amendment) Regulations 1986

(S.I. No. 254 of 1986),

reg. 3(1) and schs. 1, 2, in effect as per reg. 1(2), as amended (26.04.1997) by

European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997

(S.I. No. 152 of 1997), reg. 2, in effect as per reg. 1(2); revoked (23.11.2023)

by

European Communities (Birds Declarations) Regulations 2023

(S.I. No. 576

of 2023), reg. 9.

E12

Previous affecting provision: power to transfer fishery or fishing

rights, acquired by or vested in the Minister under collectively cited

Forestry

Acts 1946 to 1988

, prescribed (18.03.1980) by

Fisheries Act 1980

(1/1980), s. 42(2)(a), commenced on enactment, and as substituted (20.12.1999) by

Fisheries (Amendment) Act 1999

(35/1999), s. 19, S.I. No. 419 of 1999;

repealed (1.06.2010) by

Inland Fisheries Act 2010

(10/2010), s. 4 and sch.

1, commenced on enactment. The Act does not define “the Minister” but

this appears to refer to the Minister for Fisheries and Forestry as the

ministerial title then was.

E13

Previous affecting provision: functions transferred and references to

Department of Energy and Minister for Energy(other than any function in relation

to the Forestry Acts, 1946 to 1976) construed as Department of and Minister for

Finance (30.06.1987) by

Wildlife (Transfer of Departmental Administration and

Ministerial Functions) Order 1987

(S.I. No. 156 of 1987), arts. 3 and 4, in

effect as per art. 1(2), subject to transitional provisions in arts. 5-9;

superseded as per E-note above.

E14

Previous affecting provision: functions under Act transferred and

references to Department of and Minister for the Marine construed as Department of

and Minister for Energy (31.03.1987) by

Forestry and Wildlife (Transfer of

Departmental Administration and Ministerial Functions) Order 1987

(S.I. No.

96 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in arts.

5-9; superseded as per E-note above.

E15

Previous affecting provision: functions under Act transferred and

references to Department of and Minister for the Public Service construed as

Department of and Minister for Finance (19.03.1987) by

Public Service (Transfer

of Departmental Administration and Ministerial Functions) Order 1987

(S.I.

No. 81 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in

arts. 5-9; superseded as per E-note above.

E16

Previous affecting provision: references to Department of and Minister

for Lands under Act construed as Department of and Minister for Fisheries

(9.02.1977) by

Lands (Alteration of Name of Department and Title of Minister)

Order 1977

(S.I. No. 29 of 1977); superseded as per E-note above.

E17

Previous affecting provision: functions under Act relating to fisheries

transferred and references to Department of and Minister for Agriculture and

Fisheries under Act construed as Department of and Minister for Lands (8.02.1977)

by

Fisheries (Transfer of Departmental Administration and Ministerial

Functions) Order 1977

(S.I. No. 30 of 1977), arts. 3, 4(5), subject to

transitional provisions in arts. 5-8; superseded as per E-note above.

PART I

Preliminary and General

Section

1.

Short title, commencement and collective citation.

2.

Definitions.

3.

Service of notices, etc.

4.

Expenses.

5.

Application of moneys received by Minister.

6.

Gifts.

7.

Reports.

(Repealed)

8.

Regulations and orders.

9.

Licences.

10.

Repeals.

PART II

Wildlife Conservation and Protection

Chapter I

General

11.

Functions of Minister in relation to wildlife.

12.

Obligations generally of Ministers of State and certain other authorities and bodies

in relation to nature reserves and refuges.

13.

Wildlife Advisory

Council.

(Repealed)

14.

Establishment of boards to provide or administer certain services.

Chapter II

Reserves and Refuges

15.

Nature reserves on lands owned by the Minister or by the State.

16.

Nature reserves on land other than land to which section 15 applies.

17.

Refuges for fauna.

18.

Agreement as to user and management of land.

Chapter III

Protection of wild birds, protected animals and flora

19.

Protection of wild birds.

20.

Protection of fauna (other than protected wild birds).

21.

Protection of flora.

22.

Enforcement of protection of wild birds.

23.

Enforcement of protection of wild animals (other than wild birds).

23A.

Prohibition on deer hunting with dogs.

24.

Open seasons for certain protected wild birds.

25.

Open seasons for certain wild mammals.

26.

Licences to hunt otters or deer and to hunt or course hares.

27.

Temporary suspension of open seasons.

Chapter IV

Restrictions to protect wildlife

28.

General restriction as regards hunting or killing with firearms certain exempted wild

mammals and certain protected wild birds.

29.

Licences to hunt with firearms.

30.

Hunting restricted on or over foreshore belonging to State and certain land so belonging.

31.

Sale, purchase and possession of certain perching birds prohibited.

32.

Ringing and marking, and possession of cannon-nets, etc. restricted.

33.

Restriction on use of certain firearms etc.

34.

Certain use of traps, snares etc. prohibited.

35.

Certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted.

36.

Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.

37.

Hunting by night restricted.

38.

Use of lamps, mirrors etc. in hunting prohibited.

39.

Burning of vegetation near woods or certain other land restricted.

40.

Destruction of vegetation on uncultivated land restricted.

Chapter V

Miscellaneous

41.

Falconry etc.

42.

Damage by wild birds etc.

43.

Land drainage schemes.

44.

Unlawful hunting or entry on land and other miscellaneous matters.

PART III

Regulation and control of wildlife dealing and the transport, import and export of

wildlife

45.

Sale, purchase and possession of fauna restricted.

46.

Regulation and control of wildlife dealing.

47.

Prohibition on wildlife dealing without wildlife dealer's licence.

48.

Wildlife dealer’s licence.

49.

Revocation of wildlife dealer’s licence.

50.

Minister may publish list of wildlife dealers or notice of revocation.

51.

Transport of packages etc. containing certain fauna.

52.

Import of fauna and flora.

53.

Export of fauna and flora.

53A.

Regulation of trade in wild flora and fauna and CITES Regulations.

53B.

Simplified procedures for export or re-export of dead specimens of species listed

in Annexes B and C to Council Regulation.

54.

Saver in relation to Customs Acts.

PART IV

Land and Waters

55.

Land purchase orders.

56.

Management etc. of certain land acquired, held or used by the Minister.

57.

State ownership of certain inland waters.

58.

Right to hunt on or over territorial seas of State vested in State.

59.

Regulations permitting and regulating public access to certain land.

60.

Creation of rights of way.

(Repealed)

61.

Extinguishment of easements.

(Repealed)

PART V

Amendment of Enactments.

62.

Amendment of section 3 of Firearms Act, 1925.

63.

Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946

.

64.

Amendment of First Schedule to State Property Act, 1954.

65.

Amendment of Firearms Act, 1964.

66.

Amendment of section 69 of Registration of Title Act, 1964.

67.

Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

PART VI

Miscellaneous

68.

Inspection of land.

(Repealed)

69.

Attempts etc. and miscellaneous other offences.

70.

Prosecution of offences.

71.

Onus of proof.

72.

Powers of Garda Síochána and authorised persons.

73.

Search warrants.

74.

Penalties.

74A.

Fixed payment notice.

75.

Power of court to revoke certain certificates and licences and to impose certain disqualifications.

76.

Forfeiture.

77.

Appeal against seizures.

78.

Disposal of things seized.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Provisions which may be Included in an Order under Section 14

THIRD SCHEDULE

Species of Wild Birds Excluded (subject to Section 22 (2)) from Sections 19 and 22

FOURTH SCHEDULE

Fauna Referred to in Section 22 (6) or 23 (8)

PART I

Species of Protected Wild Birds Referred to in Section 22 (6)

PART II

Species of Protected Wild Animals Referred to in Section 23 (8)

FIFTH SCHEDULE

Animals Referred to in Section 23