1976 Wildlife Act 1976 Sections 5, 8, 9 and 76(5); Second Schedule, Paragraphs 11 and 12
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Number 39 of 1976 WILDLIFE ACT 1976 REVISED Updated to 24 June 2021 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 Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), enacted 21 June 2021, and all statutory instruments up to and including the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), made 24 June 2021, 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 [email protected]. Number 39 of 1976 WILDLIFE ACT 1976 REVISED Updated to 24 June 2021 Introduction This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed. Related legislation Wildlife Acts 1976 to 2021: this Act is one of a group of Acts included in this collective citation (Planning and Development, Heritage and Broadcasting (Amendment) Act 2021, s. 1(3)). The Acts in the group are: • Wildlife Act 1976 (39/1976) • Wildlife (Amendment) Act 2000 (38/2000) • Wildlife (Amendment) Act 2010 (19/2010) • Wildlife (Amendment) Act 2012 (29/2012) • Heritage Act 2018 (15/2018), Part 3 (ss. 6-10) • Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2 Chapter 3 (ss. 12, 13) Forestry Acts 1946 to 2009: this Act is one of a group of Acts included in this collective citation (Forestry (Amendment) Act 2009, s. 2(2)). The Acts in the group are: • Forestry Act 1946 (13/1946) (Repealed) • Forestry Act 1956 (6/1956) (Repealed) • Wildlife Act 1976 (39/1976), ss. 55 and 63 • Forestry Act 1988 (26/1988) • Forestry (Amendment) Act 2009 (40/2009) This Act is also to be collectively construed with a number of pieces of related legislation. Included in this group are: • European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005) • European Communities (Birds and Natural Habitats) (Restrictions of the Use of Poison Bait) Regulations 2010 (S.I. 481 of 2010) • European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477 of 2011) • European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. 499 of 2013) i • European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015) Legislation previously collectively construed with this Act but no longer in force include: • European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), other than part IV • Firearms (Temporary Provisions) Act 1998 (32/1998) • European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010) Annotations This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. An explanation of how to read annotations is available at www.lawreform.ie/annotations Material not updated in this revision Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available. Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available. A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at www.irishstatutebook.ie. Acts which affect or previously affected this revision • Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021) • Heritage Act 2018 (15/2018) • Forestry Act 2014 (31/2014) • Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013) • Wildlife (Amendment) Act 2012 (29/2012) • Environment (Miscellaneous Provisions) Act 2011 (20/2011) • Ministers and Secretaries (Amendment) Act 2011 (10/2011) • Wildlife (Amendment) Act 2010 (19/2010) • Inland Fisheries Act 2010 (10/2010) • Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009) • Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2009) • Courts and Court Officers Act 2002 (15/2002) • Wildlife (Amendment) Act 2000 (38/2000) • Firearms (Firearm Certificates For Non-Residents) Act 2000 (20/2000) • Finance Act 1999 (2/1999) • Firearms (Temporary Provisions) Act 1998 (32/1998) • Heritage Act 1995 (4/1995) • Postal and Telecommunications Services Act 1983 (24/1983) All Acts up to and including Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), enacted 21 June 2021, were considered in the preparation of this revision. Statutory instruments which affect or previously affected this revision • Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021) ii • Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020) • European Communities (Cites Simplified Procedures) Regulations 2019 (S.I. No. 411 of 2019) • Nature Reserve (Newcastle Lough) Recognition Order 2018 (S.I. No. 602 of 2018) • Flora (Protection) Order 2015 (S.I. No. 356 of 2015) • European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015) • European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. No. 499 of 2013) • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012) • Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2012 (S.I. No. 398 of 2012) • European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) • Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011) • Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) (Amendment) Regulations 2011 (S.I. No. 377 of 2011) • Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011) • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2011 (S.I. No. 39 of 2011) • Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010) • Wildlife Act 1976 (Temporary Suspension of Open Season) (No.2) (Amendment) Order 2010 (S.I. No. 598 of 2010) • Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) Order 2010 (S.I. No. 582 of 2010) • European Communities (Birds and Natural Habitats)(Restrictions on use of Poisoned Bait) Regulations 2010 (S.I. No. 481 of 2010) • European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010) • Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010) • Wildlife Act 1976 (Temporary Suspension of Open Season) Order 2010 (S.I. No. 2 of 2010) • Wildlife (Wild Mammals) (Open Seasons) (Amendment) (No. 2) Order 2008 (S.I. No. 346 of 2008) • Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2008 (S.I. No. 27 of 2008) • Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005) • European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005) • Nature Reserve (Fenor Bog) Recognition Order 2004 (S.I. No. 86 of 2004) • Wildlife Act 1976 (Approved Traps, Snares and Nets) Regulations 2003 (S.I. No. 620 of 2003) • Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002) • Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) Regulations 2001 (S.I. No. 375 of 2001) • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2000 (S.I. No. 280 of 2000) • Nature Reserve (Clochar na gCon) Establishment Order 1999 (S.I. No. 310 of 1999) • Flora (Protection) Order 1999 (S.I. No. 94 of 1999) • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998) • Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998) • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997) • European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997 (S.I. No. 152 of 1997) • European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997) • Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1996 (S.I. No. 220 of 1996) iii • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1996 (S.I. No. 219 of 1996) • Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1995 (S.I. No. 304 of 1995) • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1995 (S.I. No. 249 of 1995) • Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1995 (S.I. No. 61 of 1995) • Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1994 (S.I. No. 443 of 1994) • Nature Reserve (Cummeragh River Bog) Establishment Order 1994 (S.I. No. 116 of 1994) • Nature Reserve (Knocksink Wood) Establishment Order 1994 (S.I. No. 58 of 1994) • Nature Reserve (Kilcolman Bog) Recognition Order 1993 (S.I. No. 315 of 1993) • Nature Reserve (Kilcolman Bog) Establishment Order 1993 (S.I. No. 314 of 1993) • Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1993 (S.I. No. 225 of 1993) • Nature Reserve (Scragh Bog) Establishment Order 1992 (S.I.