European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986.

JurisdictionIreland
CitationIR SI 254/1986
Year1986

S.I. No. 254 of 1986.

EUROPEAN COMMUNITIES (WILDLIFE ACT, 1976) (AMENDMENT) REGULATIONS, 1986.

I, LIAM KAVANAGH, Minister for Tourism, Fisheries and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 79/409/EEC of 2nd April, 19791, hereby make the following Regulations:

1O.J. No. L103/1,25.4.79.

1. (1) These Regulations may be cited as the European Communities ( Wildlife Act, 1976 ) (Amendment) Regulations, 1986.

(2) These Regulations shall come into operation on the 21st day of July, 1986.

2. (1) In these Regulations—

"authorised person" means a person who is appointed under Regulation 5 of these Regulations to be an authorised person for the purposes of these Regulations;

"the Directive" means Council Directive of 2nd April, 1979 No. 79/409/EEC1;

1O.J. No. L130/1, 25.4.79.

"the Minister" means the Minister for Tourism, Fisheries and Forestry.

(2) A word or expression that is used in these Regulations and is also used in the Directive shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Directive.

3. (1) Notwithstanding the provisions of the Wildlife Act, 1976 (No. 39 of 1976).

(a) where the Minister is of the opinion that a species referred to in the First Schedule to these Regulations—

(i) is a threat to public health or safety,

(ii) is likely to cause serious damage to corps, livestock, fisheries or forestry,

(iii) is likely to cause damage to flora and fauna,

he may declare that for the purpose of preventing disease or injury the said species may be captured or killed in any part of the State or throughout the State by any of the means, arrangements or methods set out in the Second Schedule to these Regulations, during such period or periods specified in the declaration and by the person or persons or class of person or persons specified in the declaration,

( b ) where the Minister is of the opinion that a species of wild bird is a threat to air safety he may declare that the said species may be captured or killed in any part of the State or throughout the State by any of the means, arrangements or methods set out in the Second Schedule to these Regulations during such period or periods specified in the declaration and by the person or persons or class of person or persons specified in the declaration.

4. Where the means of...

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