Chapter IV

Restrictions to protect wildlife

28. —(1) A person shall not with firearms hunt or kill on any land an exempted wild mammal or a protected wild bird of a species specified in an order under section 24 of this Act which is for the time being in force unless—

(a) the exempted wild mammal or the protected wild bird is hunted or killed pursuant to and in accordance with a licence granted under this Act, or deemed to have been granted under section 29 of this Act, and

(b) the person is in relation to the land a qualified person for the purposes of this section.

(2) A person shall in relation to land be qualified for the purposes of this section if he is at least sixteen years of age and—

(a) is entitled to sporting rights over the land, or

(b) is the guest, invitee, servant or agent, or possesses the written authority of a person who is entitled to sporting rights over the land, or

(c) is a member of a body of persons which is entitled to sporting rights over the land or which has such authority, or

(d) is a person who is of a class or description which the Minister by regulations declares to be a qualified class or description for the purposes of this section.

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

29. —(1) Subject to section 75 (1) of this Act, the Minister may, if he thinks fit, grant to a person ordinarily resident in the State, who when making the application makes a declaration in a form approved of for the purposes of this section by the Minister, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, exempted wild mammals (other than hares).

(2) Subject to section 75 (1) of this Act, the Minister may, if he thinks fit, grant to a person ordinarily resident outside the State, who when making application for the licence makes a declaration referred to in subsection (1) of this section, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, exempted wild mammals and protected wild birds to which an order under section 24 of this Act for the time being applies.

(3) In determining an application for a licence or renewal under subsection (1), subsection (2) or subsection (6) of this section, the Minister shall have regard to the conservation requirements of the species of protected wild birds or exempted wild mammals concerned and to the suitability of the applicant having regard to those requirements or to the purposes of this Act.

(4) A licence granted or renewed by the Minister under this section shall remain in force for a period beginning on the day on which the licence is granted or renewed and ending on the next following 31st day of July and subject to its terms the licence shall operate to authorise the holder of the licence, for so long as the licence is in force, to hunt and kill with firearms any fauna to which the licence relates pursuant to and in accordance with such orders (if any) made under section 24 or 25 of this Act as are for the time being in force.

(5) Where a person applies to a Superintendent of the Garda Síochána for the grant under section 3 of the Firearms Act, 1925 , of a firearm certificate or the renewal under section 9 of the Firearms Act, 1964 , of such a certificate and when making the application for such certificate or renewal the person makes a declaration referred to in subsection (1) of this section, the certificate shall, if it is endorsed in the manner described in subsection (8) of this section, for the purposes of sections 22 (4) and 23 (5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75 (1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates—

(a) to hunt and kill pursuant to any order under section 24 of this Act which for the time being is in force any protected wild bird,

(b) to hunt and kill pursuant to and in accordance with any order under section 25 of this Act which is so in force any hare.

(6) A licence granted by the Minister under this section (other than a licence deemed pursuant to subsection (5) of this section to have been so granted) may, if the Minister thinks fit, be renewed by him on the application of the holder of the licence who when making the application makes a declaration referred to in subsection (1) of this section.

(7) A person aggrieved by a refusal by the Minister to grant a licence under subsection (1) or (2) of this section or to renew a licence under subsection (6) of this section may appeal to a Justice of the District Court against the refusal, and in determining the appeal the Justice may—

(a) confirm the refusal, or

(b) allow the appeal, inform the Minister of his decision and direct the Minister as soon as may be to grant to the applicant or renew, as may be appropriate, a licence under this section.

(8) Where a firearm certificate is granted to a person described in subsection (5) of this section, there shall be endorsed on the certificate the following:

“This certificate, for so long as it is in force, authorises the person to whom it is granted, with the firearm to which it relates—

(a) to hunt and kill pursuant to any order under section 24 of the Wildlife Act, 1976, which is for the time being in force any protected wild bird within the meaning of that Act,

(b) to hunt and kill pursuant to and in accordance with any order under section 25 of the said Act which is so in force any hare.”.

(9) Where any convention, protocol or other agreement between the State and any other country or territory provides for the reciprocal recognition of licences granted or deemed to have been granted under this section and other licences, permits, permissions or authorisations granted or issued in that country or territory, the Minister may by regulations declare and provide that any such other licence, permit, permission or authorisation which is for the time being in force shall be deemed to be, and shall have the same legal effect as a licence under this section.

(10) The holder of a licence granted or renewed under this section or of a firearm certificate endorsed in the manner described in subsection (8) of this section shall, if the Minister so requires either by a notice in writing sent to the holder or by a notice published for the purposes of this subsection in at least one daily newspaper published in the State, give to the Minister the following information, namely, a statement of the number of species of protected wild birds and the number and species of protected wild animals shot and taken by the holder during such period as the Minister specifies in the notice and either, as may be so specified, in any place in the State or in any place in a part of the State which is so specified.

(11) A person who fails to comply with a requirement of the Minister under subsection (10) of this section shall be guilty of an offence.

(12) Nothing in this section shall be construed as affecting anything contained in the Firearms Acts, 1925 to 1971.

30. —(1) It shall not be lawful for a person, without the permission of the Minister, to hunt fauna on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake.

(2) Any person who contravenes subsection (1) of this section shall commit a trespass and may, if the Minister thinks fit, be sued by the Minister for trespass in any court of competent jurisdiction.

(3) Nothing in this section shall operate to prejudice any legal proceedings which may be instituted apart from this section.

31. —(1) It shall be an offence for any person to sell, purchase or have in his possession a live perching bird to which this section applies other than a close-ringed specimen bred in captivity.

(2) This section applies to any live perching bird (order Passeriformes) of a species which occurs in a wild state in the State, Northern Ireland, Great Britain, the Channel Islands or the Isle of Man and which is not a species specified in the Third Schedule to this Act.

(3) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that—

(a) he lawfully acquired the relevant perching bird before the commencement of this section, or

(b) he lawfully acquired such bird from a person who so acquired it before such commencement.

(4) In this section “close-ringed specimen” means a specimen of live perching bird (order Passeriformes) fitted with a continuous metal band or ring which has been slipped over its foot and on to its leg while a fledgling.

32. —(1) It shall be an offence for a person, otherwise than pursuant to and in accordance with a licence granted by the Minister for the purposes of this subsection, to attach any band, ring, tag or other marking device to any wild animal or wild bird or to take by net, trap or by any other means any such animal or bird for the purposes of attaching to it any band, ring, tag or other marking device.

(2) Subsection (1) of this section shall not apply to the close ringing of artificially-reared wild birds.

(3) It shall be an offence for a person to import or have in his possession a cannon-net, mist-net, rocket-net or similar appliance for taking or trapping unless he is the holder of a licence granted by the Minister for the purposes of subsection (1) of this section.

(4) A licence granted for the purposes of subsection (1) of this section may, as the Minister thinks fit, apply to wild animals and wild birds (other than artificially-reared wild birds) generally or to such species of such animals and birds as are specified in the licence.

(5) A licence granted for the purposes of subsection (1) of this section may be expressed, and if so expressed shall operate, to authorise the doing of, within an area or areas specified in the licence, and only within such area or areas, the things permitted to be done by the licence.

(6) A person shall not be convicted under this section and under section 22 , 23 or 34 of this Act in respect of the same act.

33. —(1) It shall be an offence for a person to kill or injure—

(a) with a repeating or automatic shotgun (other than a repeating or automatic shotgun which is adapted or modified so as to render it incapable of carrying more than three shotgun cartridges), with an airgun, air-rifle, gas-rifle, pistol or revolver, or with any firearm fitted with a silencer device, any wild bird,

(b) with a rifle, any protected wild bird.

(2) It shall be an offence for a person to kill or injure any wild bird or wild mammal with a spring gun, or with tracer shot or with a floating container containing an explosive substance.

(3) It shall be an offence for a person to kill or injure with a shotgun a protected wild animal other than a hare.

(4) Subject to the foregoing subsections of this section, the Minister may make regulations specifying the type and calibre of firearms and ammunition which may be used to hunt wild birds and wild mammals and providing that firearms and ammunition of any other type and calibre shall not be used to hunt such birds or mammals.

(5) In this section “rifle” includes both a gas-rifle and an air-rifle.

34. —(1) Notwithstanding anything contained in this Act apart from this section but subject to section 42, a person shall not—

(a) hunt any wild bird or wild mammal by means of a trap, snare, net, line, hook, arrow, dart, spear or similar device, instrument or missile, or birdlime or any substance of a like nature, or any poisonous, poisoned or stupefying bait, or

(b) affix, place or set—

(i) any trap, snare or net for killing or taking a wild bird or a wild mammal, or

(ii) any line, hook or other device or instrument, calculated or likely to cause death or bodily injury to any wild bird or wild mammal coming in contact with it,

on any tree, pole, cairn or other structure in, or in the vicinity of, any place frequented by wild birds or by wild mammals, or

(c) lay any poisonous or poisoned substance or stupefying bait, being a substance or bait which is calculated or is likely to injure, or facilitate the capture of, a wild bird or a wild mammal, in, or in the vicinity of, any place mentioned in paragraph (b) of this subsection, or on any tree, pole, cairn or other structure in or in the vicinity of such place.

(2) Subsection (1) of this section shall not apply to or render unlawful—

(a) the affixing, placing or setting of a trap, snare or net which for the time being stands approved for the purposes of this section by virtue of regulations under this section,

(b) the taking or killing by means of any such trap, snare or net of any wild bird which is not a protected wild bird or any wild mammal which is not a protected wild animal,

and nothing in the said subsection (1) shall make unlawful anything which is duly done pursuant to a statute (other than this Act) or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(3) Subsection (1) of this section shall not apply to any of the following if done pursuant to and in accordance with a licence granted in that behalf by the Minister:

(a) the capture alive, on land specified in the licence by means of a trap, snare or net of any species of wild bird specified in the licence, for the purpose of propagating or of improving the quality of such species,

(b) the capture alive by means of nets of hares by or on behalf, or at the request, of a coursing club affiliated to the Irish Coursing Club,

(c) the capture alive by means of nets or other devices of hawks or falcons for the purpose of lawful falconry within the State,

(d) the capture alive of wild birds or wild mammals, for research or other scientific or educational purposes or for removal to a new habitat, or to a place specified in the licence.

(4) The Minister may by regulations declare a trap, snare or net which is of a particular type, class or description specified in the regulations—

(a) to be approved of for the purposes of this section and may, if he thinks fit, regulate its use as regards wild birds or wild mammals,

(b) to be a trap, snare or net to which subsection (6) of this section applies.

(5) Any person who contravenes subsection (1) of this section shall be guilty of an offence.

(6) Any person who imports, other than pursuant to and in accordance with a licence granted by the Minister in that behalf, or who in the course of his trade or business sells a trap, snare or net which pursuant to subsection (4) of this section is for the time being declared by the Minister to be a trap, snare or net to which this subsection applies shall be guilty of an offence.

(7) A person shall not be convicted under this section and under section 22 or section 23 of this Act or section 8 of the Protection of Animals Act, 1911, in respect of the same act.

35. —(1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not—

(a) use as a scarecrow any live wild bird which is tethered, or

(b) use as a decoy for the purpose of hunting any wild bird a live wild bird which is tethered or secured by braces or other similar appliances or which is confined in a cage or pen or which is blind, maimed or injured, or

(c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than wild duck and wild geese, or

(d) use an electrical or other instrument or appliance (including recording apparatus) emitting or imitating birdcalls or the calls of wild mammals for the purpose of hunting a protected wild bird or a protected wild animal which is a mammal.

(2) Subsection (1) of this section shall not apply to the use of a whistle or similar instrument or appliance imitating, or emitting calls similar to, the calls of plover, wild duck or wild geese, which is operated (whether wholly or partly) manually or orally, for the purpose of hunting any of those wild birds.

(3) Notwithstanding the foregoing provisions of this section, the Minister may by order prohibit throughout the State or in any particular area thereof—

(a) the use for hunting wild duck or wild geese of any stuffed or artificial decoy of a particular class or description specified in the order, or

(b) the use of any orally or manually operated whistle or other instrument or appliance (not being recording apparatus) which imitates, or emits calls similar to, the calls of wild duck or wild geese or emits recorded such calls.

(4) Notwithstanding the foregoing provisions of this section, a decoy, or an instrument or appliance, including electrical or other recording apparatus emitting or imitating birdcalls (including distress calls), intended for the purpose of repelling, scaring or capturing a protected wild bird, may be used, pursuant to and in accordance with a licence granted in that behalf by the Minister, for scientific research or for another purpose approved of by the Minister.

(5) The Minister may grant to a person a licence to use as a decoy a live wild bird which is of a species specified in the Third Schedule to this Act and which is confined in a cage or pen and every licence granted pursuant to this subsection shall have attached thereto the following conditions, namely—

(a) the bird shall be so used only for hunting birds of the same species, and

(b) the bird while being so used shall be regularly provided by the holder of the licence, or by someone on his behalf, with ample food and water and shall, when caged, only be kept in a cage which is of sufficient dimensions to enable it to move and exercise freely.

(6) A person who—

(a) otherwise than pursuant to and in accordance with a licence granted by the Minister under subsection (4) or (5) of this section does anything prohibited by subsection (1) of this section,

(b) contravenes an order made by the Minister under this section,

shall be guilty of an offence.

36. —(1) Notwithstanding anything contained in this Act apart from this section but subject to section 42, a person shall not hunt or disturb for the purpose of hunting—

(a) any protected wild animal by means of a mechanically-propelled vehicle, vessel or aircraft, whether it is being so propelled or is stationary,

(b) any protected wild bird by means of such a vehicle, vessel or aircraft while it is being so propelled.

(2) Notwithstanding subsection (1) of this section, a mechanically-propelled vehicle, vessel or aircraft may be used to capture or kill, pursuant to and in accordance with a licence granted in that behalf by the Minister and for such educational, scientific or other purposes as are specified in the licence, protected wild birds or protected wild animals of a species so specified.

(3) Subsection (1) of this section shall not make unlawful anything which section 3 (3) of the Whale Fisheries Act, 1937 , permits to be done.

(4) Subject to subsections (2) and (3) of this section, a person who contravenes subsection (1) of this section shall be guilty of an offence.

37. —(1) Notwithstanding anything contained in this Act apart from this section but subject to section 42, a person shall not hunt—

(a) a woodcock at any time between sunset and sunrise,

(b) any other protected wild bird, other than a wild duck or a wild goose, or any protected wild animal at any time during any period beginning one hour after sunset and ending one hour before sunrise.

(2) Subsection (1) of this section shall not apply to—

(a) hunting protected wild birds pursuant to and in accordance with a licence granted by the Minister under section 22 (9) of this Act for a purpose mentioned in paragraph (a) or (d) of that section, or

(b) hunting protected wild animals pursuant to and in accordance with a licence granted by the Minister under section 23 (6) of this Act.

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

38. —Any person who uses any lamp, light, torch, mirror or other artificial light-reflecting or dazzling device or appliance in hunting any protected wild bird or protected wild animal, otherwise than while either—

(a) attaching thereto any band, ring, tag or other marking device, or

(b) hunting for educational or scientific purposes,

pursuant to and in accordance with a licence granted under this Act by the Minister, shall be guilty of an offence.

39. —(1) A person shall not burn any vegetation growing within one mile of—

(a) a wood which is not the property of such person, or

(b) land to which an establishment order, a recognition order, a designation order or an agreement under section 18 of this Act relates,

unless such person has, not less than seven days or more than thirty-five days before burning such vegetation, given notice of his intention to do so in writing to both the sergeant in charge of a Garda Síochána station in the Garda Síochána district in which the wood or land is situate and to—

(i) in the case of a wood, the occupier of the wood,

(ii) in the case of land to which an establishment order, a recognition order or an agreement under the said section 18 relates, the Minister together with, in case the Minister is not the owner of the land, the occupier,

(iii) in the case of land to which a designation order relates, the Minister.

(2) Where notice is given under subsection (1) of this section, the Minister or any other person to whom the notice is given may within three days after receiving the notice serve a counter-notice on the person by whom such notice was given objecting to the proposed burning on the ground that it is liable to cause damage to the wood or land concerned.

(3) A person shall not—

(a) light a fire, or

(b) do any other act,

which causes, or is likely to cause, the burning of vegetation which is growing within one mile either of a wood which is not the property of such person or of land mentioned in paragraph (b) of subsection (1) of this section.

(4) Any person who burns vegetation, lights a fire or does any other act in contravention of this section shall be guilty of an offence.

(5) Where a person—

(a) burns any vegetation either in contravention of subsection (1) of this section or after giving the notice required by this section and receiving a counter-notice under this section,

(b) lights a fire or does any other act in contravention of subsection (3) of this section,

any injury occasioned by such burning, lighting or doing to,

(c) in case the contravention is a contravention of the said subsection (1), any wood or land in respect of which a notice ought to have been or was served under this section, or

(d) in case the contravention is a contravention of the said subsection (3), any wood which is not the property of such person or any land mentioned in paragraph (b) of the said subsection (1),

shall be deemed to have been caused by the negligent act of that person, and damages to the extent of that injury shall be recoverable accordingly in any court of competent jurisdiction from that person by the owner of such wood or land, as the case may be.

(6) In this section “wood” includes a plantation.

40. —(1) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 15th day of April and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated or in course of cultivation for agriculture or forestry.

(2) Subsection (1) of this section shall not apply in relation to—

(a) the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;

(b) the cutting or grubbing of isolated bushes or clumps of gorse, furze or whin or the mowing of isolated growths of fern in the ordinary course of agriculture;

(c) the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out by a Minister of State or a body established or regulated by or under a statute;

(d) the destroying of any noxious weed to which the Noxious Weeds Act, 1936 , applies;

(e) the clearance of vegetation in the development or preparation of sites on which any building or other structure is intended to be provided;

(f) the removal or destruction of vegetation required by a notice served by the Minister under section 62 (1) of the Act of 1946 to be removed or destroyed;

but this subsection shall not operate to exclude from subsection (1) of this section anything done by burning.