(LRC Revised)

Number 38 of 2000

WILDLIFE (AMENDMENT) ACT 2000

REVISED

Updated to 1 June 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 (Amendment) Act 2000

. 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

Research and Innovation Act 2024

(15/2024),

enacted 4 June 2024, and all statutory instruments up to and including the

Social

Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s

Benefit and Carer’s Allowance – Earnings Disregard) Regulations 2024

(S.I. No.

275 of 2024), made 31 May 2024, were considered in the preparation of this Revised

Act.

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

38

of

2000

WILDLIFE (AMENDMENT) ACT

2000

REVISED

Updated to 1 June 2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation and construction.

2.

Commencement.

3.

Interpretation.

4.

Saver for orders, etc.

5.

Repeals.

PART II

Amendment of Part I of Principal Act and of Functions of Minister

6.

Amendment of section 2 (definitions) of Principal Act.

7.

Amendment of section 8 (regulations and orders) of Principal Act.

8.

Licences.

9.

Amendment of section 11 (functions of Minister in relation to wildlife) of Principal

Act.

PART III

Land and Waters

Chapter I

Acquisition of Land and

Rights

10.

Arbitrator.

11.

Acquisition of land and rights by agreement.

12.

Creation of rights of way.

13.

Extinguishment of easements.

14.

Amendment of section 55 (land purchase orders) of Principal Act.

Chapter II

Natural Heritage Areas

15.

Interpretation

(Chapter II)

.

16.

Intention to designate natural heritage areas.

17.

Decision not to make natural heritage area order.

18.

Natural heritage area order.

18A.

Review of bog habitats.

19.

Restriction on carrying out certain works.

19A.

Environmental impact assessment of certain proposals relating to peat extraction.

19B.

Procedure in regard to submission of EIS.

19C.

Minister to have regard to certain matters.

19D.

Consultation with other Member States of European Communities.

19E.

Public notice of Minister's decision.

20.

Prohibition of works on lands in natural heritage areas.

21.

Restoration of land in natural heritage area.

22.

Compensation.

23.

Registration of natural heritage area order as burden on land.

24.

Provisions relating to section 12 (obligations in relation to nature reserves and

refuges) of Principal Act.

Chapter III

Nature Reserves and

Refuges

25.

Erection of notices.

26.

Amendment of section 15 (nature reserves on lands owned by the Minister or by the

State) of Principal Act.

27.

Amendment of section 16 (nature reserves on land other than land to which section

15 applies) of Principal Act.

28.

Amendment of section 17 (refuges for fauna) of Principal Act.

PART IV

Wildlife Conservation and Protection

Chapter I

Protection of Flora, Wild Birds

and Wild Animals

29.

Amendment of section 21 (protection of flora) of Principal Act.

30.

Amendment of section 22 (enforcement of protection of wild birds) of Principal Act.

31.

Amendment of section 23 (enforcement of protection of wild animals (other than wild

birds) of Principal Act.

32.

Exclusion of certain wild animals.

33.

Amendment of section 24 (open seasons for certain protected wild birds) of Principal

Act.

34.

Amendment of section 25 (open seasons for certain wild mammals) of Principal Act.

35.

Amendment of section 26 (licences to hunt otters or deer and to hunt or course hares)

of Principal Act.

Chapter II

Restrictions to protect

wildlife

36.

Regulation of commercial shoot operators.

37.

Amendment of section 28 (general restriction as regards hunting or killing with firearms

certain exempted wild mammals and certain protected wild birds) of Principal Act.

38.

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

39.

Amendment of section 31 (sale, purchase and possession of certain perching birds prohibited)

of Principal Act.

40.

Amendment of section 32 (ringing and marking, and possession of cannon-nets, etc.

restricted) of Principal Act.

41.

Amendment of section 33 (restriction on use of certain firearms etc.) of Principal

Act.

42.

Amendment of section 34 (certain use of traps, snares etc. prohibited) of Principal

Act.

43.

Amendment of section 35 (certain use of scarecrows, decoys, birdcalls and calls of

wild mammals restricted) of Principal Act.

44.

Amendment of section 36 (use of mechanically-propelled vehicles, vessels and aircraft

in hunting prohibited) of Principal Act.

45.

Use of lamps, mirrors etc. in hunting prohibited.

46.

Amendment of section 40 (destruction of vegetation on uncultivated land restricted)

of Principal Act.

Chapter III

Miscellaneous

47.

Amendment of section 41 (falconry etc.) of Principal Act.

48.

Amendment of section 42 (damage by wild birds etc.) of Principal Act.

49.

Amendment of section 43 (land drainage schemes) of Principal Act.

50.

Amendment of section 44 (unlawful hunting or entry on land and other miscellaneous

matters) of Principal Act.

PART V

Regulation and Control of Wildlife Dealing

51.

Amendment of section 45 (sale, purchase and possession of fauna restricted) of Principal

Act.

52.

Amendment of section 46 (regulation and control of wildlife dealing) of Principal

Act.

53.

Wildlife dealer's licence.

54.

Amendment of section 49 (revocation of wildlife dealer's licence) of Principal Act.

55.

Amendment of section 51 (transport of packages etc. containing certain fauna) of Principal

Act.

56.

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

57.

Amendment of section 53 (export of fauna and flora) of Principal Act.

58.

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

59.

Saver in interest of public health and safety.

PART VA

Biodiversity

59A.

Definitions.

59B.

Biodiversity.

59C.

Publication of plan, programme or strategy, National Biodiversity Action Plan and

guidelines.

59D.

Consultation.

59E.

Notice.

59F.

Report by public bodies.

59G.

Direction.

59H.

Public body.

PART VI

Miscellaneous

60.

Amendment of section 56 (management etc. of certain land acquired, held or used by

the Minister) of Principal Act.

61.

Amendment of section 58 (right to hunt on or over territorial seas of State vested

in State) of Principal Act.

62.

Amendment of section 59 (regulations permitting and regulating public access to certain

land) of Principal Act.

63.

Amendment of section 69 (attempts etc. and miscellaneous other offences) of Principal

Act.

64.

Amendment of section 70 (prosecution of offences) of Principal Act.

65.

Amendment of section 72 (powers of Garda Síochána and authorised persons) of Principal Act.

66.

Inspection of land.

67.

Amendment of section 73 (search warrants) of Principal Act.

68.

Amendment of

section 74 (penalties) of Principal Act.

(

Repealed

)

69.

Amendment of section 76 (forfeiture) of Principal Act.

70.

Amendment of section 77 (appeal against seizures) of Principal Act.

71.

Amendment of section 78 (disposal of things seized) of Principal Act.

PART VII

Miscellaneous Amendment of Enactments

72.

Amendment

of Forestry Act 1946.

73.

Amendment

of Registration of Title Act 1964.

74.

Amendment

of State Property Act 1954.

75.

Amendment

of European Communities (Natural Habitats) Regulations 1997.

Acts Referred to

Arterial Drainage Act 1945

1945, No. 3

Arterial Drainage Acts 1945 and 1995

Firearms Acts 1925 to 2000

Fisheries Acts 1959 to 1999

Forestry Act 1946

1946, No. 13

Forestry Act 1956

1956, No. 6

Lands Clauses Consolidation Act 1845

8 & 9 Vict. c.18

Ministers and Secretaries (Amendment) Act 1939

1939, No. 36

Planning and Development Act 2000

2000, No. 30

Protection of Animals (Amendment) Act 1965

1965, No. 10

Registration of Title Act 1964

1964, No. 16

Road Traffic Act 1961

1961, No. 24

State Property Act 1954

1954, No. 25

Wildlife Act 1976

1976, No. 39

Number

38

of

2000

WILDLIFE (AMENDMENT) ACT

2000

REVISED

Updated to 1 June 2024

AN ACT TO AMEND AND EXTEND THE

WILDLIFE ACT 1976, AND TO PROVIDE FOR CONNECTED MATTERS.

[18

th December

, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 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.

...

Functions of Príomh

Chomhairleoir

23.

(1) All 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 Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

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

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) 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.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy 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 any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

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

including a reference to the deputy 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

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 38 of 2000

Wildlife (Amendment) Act 2000

The whole Act, other than Part VA.

...

...

...

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 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.

...

Functions of Príomh

Chomhairleoir

23.

(1) All 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 Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

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

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) 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.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy 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 any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

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

including a reference to the deputy 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

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 38 of 2000

Wildlife (Amendment) Act 2000

The whole Act, other than Part VA.

...

...

...