Wild Birds Protection Act, 1930
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The close time for wild birds. |
2.—(1) It shall not be 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 case 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. |