Wildlife Act, 1976

• Permanent Page URL

Regulations permitting and regulating public access to certain land.

59.—(1) Subject to subsections (3), (4) and (7) of this section, the Minister may make regulations permitting the public generally or any particular class or section of the public or the members of any body of persons which is of a particular class or description or the members of a particular body of persons, to have access to and use in accordance with the regulations—

(a) foreshore which is the property of the State,

(b) land (in this section subsequently referred to as a refuge) to which a designation order applies,

(c) any land (including land covered by inland waters) to which an establishment order applies and which is land owned by the State but in which the Minister has not a joint or several interest (which land is so referred to as a State land nature reserve),

(d) land other than foreshore mentioned in paragraph (a) of this subsection, which forms the seabed under part of the territorial seas of the State and to which an establishment order applies (which land is so referred to as a seabed nature reserve).

(2) Regulations under this section may apply to all foreshore which is the property of the State, every refuge, State land nature reserve and seabed nature reserve, or to any such foreshore or any refuge, State land nature reserve or seabed nature reserve which is of a particular class or description, or to particular such foreshore or a particular refuge, State land nature reserve or seabed nature reserve.

(3) Regulations under this section which apply to foreshore shall regulate access to or use of such foreshore to such extent as the Minister considers necessary for the conservation of wildlife and such regulations shall be made by him only after consultation with the Minister for Transport and Power, and in addition to the foregoing, where the regulations relate to foreshore other than foreshore which is held by the Minister, they shall be made only after consultation with—

(a) in case such foreshore is held by the Commissioners, the Commissioners,

(b) in any other case, the Minister of State by whom the foreshore is held.

(4) Regulations under this section which apply to a refuge shall regulate access to or use of the refuge to such extent as is necessary to enable the relevant designation order to have full effect.

(5) (a) Subject to subsection (7) of this section and paragraph (b) of this subsection, the Minister may by regulations permit and regulate access to and use by the public generally of land to which either a recognition order applies or an agreement under section 18 of this Act relates.

(b) Regulations shall be made by the Minister under this subsection only on the request and with the agreement of—

(i) in case the regulations relate to land to which a recognition order applies, the owner of such land,

(ii) in case the regulations relate to land to which an agreement under the said section 18 relates, all the parties to the agreement (other than the Minister, where the Minister is such a party).

(6) Subject to subsection (7) of this section, the Minister may, at the request and with the agreement of a board established pursuant to section 14 of this Act, by regulations permit and regulate the access to and use by the public generally of any land held by that board.

(7) Regulations made—

(a) under subsection (5) or subsection (6) of this section,

(b) under subsection (1) of this section which regulate access to foreshore or to a refuge (not being a refuge held by the Minister) to which, immediately before the commencement of this section, the public generally had access,

shall be made by the Minister only after consultation with any planning authority any part of whose area the relevant foreshore adjoins or within whose area the relevant land, or any part thereof, is situate.

(8) (a) Regulations under this section which have effect in relation to land held by the State shall, if the State ceases to hold the land to which they apply, thereupon cease to have effect in relation to the land.

(b) Regulations under this section which have effect in relation to land to which a designation order or a recognition order, as the case may be, for the time being applies shall, if the order is revoked, thereupon cease to have effect in relation to the land.

(c) Regulations made pursuant to subsection (6) of this section shall cease to have effect if and when the board at whose request they were made is dissolved or if it otherwise ceases to hold the land in respect of which the regulations were made.

(9) Where the Minister makes regulations under this section, he shall, as soon as may be after such making, cause a copy of the regulations to be sent to the Board and to any planning authority—

(a) in case the regulations affect foreshore, any part of whose area that foreshore adjoins,

(b) in any other case, within whose area the refuge or other land concerned, or any part thereof, is situate.

(10) Where the Minister decides to permit, whether by means of bye-laws, rules, regulations or otherwise, the public generally to have access, subject to specified conditions, for educational or leisure purposes to land held by the Minister, he shall, as soon as may be, give to the Board and to any planning authority in whose area the land or any part thereof, is situate particulars of his decision and in case the Minister varies or revokes such a decision he shall likewise inform the Board and such planning authority of the variation or revocation.

(11) In case the Minister permits, subject to specified conditions and whether by means of bye-laws, rules, regulations or otherwise, access for educational or leisure purposes to land held by him, any person who fails to comply, whether by act or omission, with any such condition shall be guilty of an offence.