No. 16/1930:

WILD BIRDS PROTECTION ACT, 1930

ARRANGEMENT OF SECTIONS

1 Definition of terms.

2 The close time for wild birds.

3 Special permissions to take or kill wild birds.

4 Prohibition of the use of live decoy birds, bird-lime, &c.

5 Traps on poles, trees or cairns.

6 Prohibition of keeping birds in confined cages.

7 Prohibition of taking or destroying eggs.

8 Prohibition of export of wild birds.

9 Court may order forfeiture.

10 Publication of orders.

11 Orders to be laid before each House of the Oireachtas.

12 Expenses.

13 Repeals.

14 Short title.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE PROTECTION OF WILD BIRDS.

[10th June, 1930.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "the Minister" means the Minister for Justice;

the expression "wild birds" means and includes all wild birds, other than game birds within the meaning of the Game Preservation Act, 1930 .

2.—(1) It shall not he lawful for any person during the period between the 1st day of March and the 31st day of July, both days inclusive (in this Act referred to as the close time) in any year—

( a ) knowingly and wilfully to shoot or attempt to shoot any wild bird, or

( b ) to use any boat for the purpose of shooting or causing to be shot any wild bird, or

( c ) to use any trap, snare, net, or any other instrument for the purpose of taking alive or killing or attempting to take alive or kill any wild bird, or

( d ) except during the first fifteen days of the close time, to sell or expose or offer for sale or have in his possession or control any wild bird recently taken alive or killed.

(2) The Minister may by order made on the application of the council of a county or a county borough extend or vary in such county or county borough the close time in respect of all wild birds or any particular kinds or kind of wild birds and may by any subsequent order made on the like application amend or revoke any such first-mentioned order, and whenever any such first-mentioned order is made this section shall, while such order remains in force, be construed and have effect in the county or county borough and in respect of the wild birds to which such order relates as if the close time as extended or varied by such order were mentioned in the first sub-section of this section in lieu of the close time actually mentioned therein.

(3) The Minister may by order made on the application of the council of a county or a county borough prohibit, for special reasons stated in such application, the killing or taking in such county or county borough or any particular parts or part thereof of all wild birds or any particular kinds or kind of wild birds during any particular period or periods (other than and in addition to the close time) of every year and may by any subsequent order made on the like application amend or revoke any such first-mentioned order, and whenever any such first-mentioned order is made this section shall, while such order remains in force, be construed and have effect in the county, county borough, or other area and in respect of the wild birds to which such order relates as if the period or periods mentioned in such order were mentioned in the first sub-section of this section as part of or an addition or additions to the close time actually mentioned therein.

(4) Every person who shall do any act or thing in contravention of-this section shall (unless such act or thing is for the time being permitted by an order under this Act) be guilty of an offence under this section and on summary conviction thereof shall, if and so far as the offence was committed in respect of any of the wild birds mentioned in the First Schedule to this Act, be liable to a penalty not exceeding one pound for every such wild bird in respect of which the offence was committed and, if and so far as the offence was committed in respect of wild birds not mentioned in the First Schedule to this Act, be liable in the case of a first offence to be reprimanded and discharged on payment of costs and in the ease of a second or any subsequent offence to a penalty not exceeding ten shillings for every such wild bird in respect of which the offence was committed.

(5) The Minister may by order made on the application of the council of a county or a county borough declare that this section shall apply within such county or county borough or any particular part or parts thereof in respect of any particular kind of wild bird not mentioned in the First Schedule to this Act as if that kind of wild bird were mentioned in that Schedule, and on the making of any such order this section shall be construed and have effect in accordance with the terms of such order.

(6) This section shall not apply to the owner or occupier of any land or any person authorised by him taking alive or killing on such land any wild birds not mentioned in the First Schedule to this Act.

(7) It shall be a good defence to a charge of selling or exposing or offering for sale or having possession or control in contravention of this section of a wild bird recently killed to prove either—

( a ) that such wild bird was killed in Saorstát Eireann and that the killing thereof was lawful at the time at which and by the person by whom it was done, or

( b ) that such wild bird was killed outside Saorstát Eireann, and where this defence is made the fact that the wild bird was imported after death into Saorstát Eireann shall be evidence until the contrary is proved that it was killed outside Saorstát Eireann.

3.—(1) The Minister may by order made on the application of the council of a county or a county borough permit, for special reasons stated in such application, the taking alive or the killing or both the taking alive and the killing in such county or county borough or any particular part or parts thereof of any particular kind of wild birds in every year or any particular years or year during the whole or any particular part of the period which is by virtue of this Act or an order made under this Act the close time for that kind of wild birds in such county or county borough or such particular part or parts thereof, and may by any subsequent order made on the like application revoke or amend any such first-mentioned order.

(2) The Minister may by order made on the application of the Minister for Lands and Fisheries permit, for the purpose of protecting fisheries, the taking alive or the killing or both the taking alive and the killing in any particular fishery district or any particular part or parts thereof any particular kind of wild birds in every year or any particular years or year during the whole or any particular part of the period which is by virtue of this Act or an order made under this Act the close time for that kind of wild birds in such fishery district or such particular part or parts thereof and may by any subsequent order made on the like application revoke or amend any such first-mentioned order.

4.—Every person who shall do any of the following things, that is to say:—

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

( b ) use as a decoy any live bird which is so tethered or is so secured by means of braces or other similar appliances as to cause suffering, or which is blind, maimed or injured, or

( c ) use bird-lime or any substance of a like nature for the purpose of taking or capturing alive or attempting to take or capture alive any wild bird, or

( d ) take or attempt to take any wild bird by means of a hook or other similar instrument,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds or at the discretion of the Court to be imprisoned for any term not exceeding fourteen days.

5.—Every person who, on any pole, tree, or cairn of earth or stones, shall affix, place or set any spring-trap, gin, or other similar instrument calculated to cause injury to any wild bird coming in contact therewith and every person who shall knowingly permit or suffer or cause any such spring-trap, gin, or other instrument to be so affixed, placed or set shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding forty shillings and, in the case of a second or subsequent offence, to a penalty not exceeding five pounds.

6.—(1) Any person who shall keep or confine a bird in any cage or other receptacle which shall not measure sufficient in height, length, and breadth to permit such bird freely to stretch its wings and exercise itself shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

(2) This section shall not apply to poultry within the meaning of the Poultry Act, 1911, or to any bird kept or contained in a cage or other receptacle—

( a ) while being conveyed by land or water, or

( b ) while being shown for the purpose of public exhibition or competition, if the time during which it is so kept or confined for the purpose of being so shown does not in the whole exceed seventy-two hours.

7.—(1) The Minister may by order made on the application of the council of a county or a county borough prohibit, for reasons stated in such application, the taking or destroying either generally or in any particular years or year in such county or county borough or any particular parts or part thereof of the eggs of any wild bird whatsoever or any particular kinds or kind of wild bird, and the Minister may by any subsequent order made on the like application revoke or amend any such first-mentioned order.

(2) Every order made under the Wild Birds Protection Act, 1894, and in force immediately before the passing of this Act, shall, notwithstanding the repeal of that Act by this Act, continue in force and be capable of amendment or revocation in like manner in all respects as if it had been made under this section.

(3) Every person who shall take or destroy or incite any other person to take or destroy any egg in contravention of an order made under or continued by this section and for the time being in force shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding one pound for every such egg so taken or destroyed.

8.—Every person who shall export, or attempt to export, or cause to be exported or attempted to be exported, from Saorstát Eireann for the purpose of sale any live wild bird of any of the kinds of wild birds specified in the Second Schedule to this Act shall be guilty of an offence under this section, and shall be liable on summary conviction thereof, in the case of a first offence to a penalty not exceeding ten shillings for each bird in respect of which the offence was committed and, in the case of a second or subsequent offence to a penalty not exceeding two pounds for each bird in respect of which the offence was committed or alternatively or in addition to such last mentioned penalty to be imprisoned for any term not exceeding fourteen days.

9.—When any person is convicted of an offence under this Act the court may, in addition to any penalty that may be imposed, order any trap, net, snare, or decoy bird or any wild bird or any wild bird's egg in respect of which the offence was committed to be forfeited and disposed of as the court may direct.

10.—(1) Every order made by the Minister under this Act shall be published in the Iris Oifigiúil and a copy of the Iris Oifigiúil containing any such order shall be evidence of the same having been made and of the contents thereof.

(2) Every council of a county or county borough in which or in any part of which any order made under or continued by this Act (other than an order made on the application of the Minister for Lands and Fisheries) is for the time being in force shall, in every year, give public notice of such order during the three weeks preceding the commencement of the period of the year during which such order operates.

(3) Every public notice required by this section to be given shall be given—

( a ) in the case of a notice, relating to an order applying to the whole of the county or county borough, by advertising such order in two newspapers circulating in such county or county borough and published in Saorstát Eireann;

( b ) in the case of a notice relating to an order applying to part only of the county or county borough, by advertising such order in two newspapers circulating in or near such part of such county or county borough and published in Saorstát Eireann and fixing notices of such order in conspicuous places in or near such part;

( c ) in every case, in such other manner as the council shall think expedient or the Minister shall direct with a view to making the order known to the public.

(4) The Minister for Lands and Fisheries may give or cause to be given such (if any) public notice of any order made under this Act upon his application as he may think fit.

11.—Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

12.—(1) Any expenses incurred by the Minister or by the Minister for Lands and Fisheries in carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) Any expenses incurred by the council of a county borough in carrying this Act into effect shall be raised by means of the poor-rate and, in the case of a county, as a county-at-large charge.

13.—(1) The Acts mentioned in the Third Schedule to this Act are hereby repealed.

(2) Every order made under any Act repealed by this Act and in force immediately before the passing of this Act shall, if and so far as it extends, restricts, or adds to a provision of any such repealed Act and could be made by the Minister under this Act in respect of the corresponding provision of this Act, continue in force and have effect and be capable of being amended or revoked in like manner in all respects as if it had been made by the Minister under this Act in respect of the said corresponding provision of this Act.

14.—This Act may be cited as the Wild Birds Protection Act, 1930 .

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

Wild Birds Protection Act, 1880 (43 & 44 Vic., c. 35).

Wild Birds Protection Act, 1881 (44 & 45 Vic., c. 51).

Wild Birds Protection Act, 1894 (57 & 58 Vic., c. 24).

Wild Birds Protection Act, 1902 (2 Edw. VII., c. 6).

Wild Birds Protection Act, 1904 (4 Edw. VII., c. 4).

Wild Birds Protection Act, 1908 (8 Edw. VII., c. 11).