PART V.

Miscellaneous.

58. —(1) Where the Minister is satisfied that trees or tree plants, growing on any land (in this subsection referred to as the planted land), are being, or are likely to be, damaged by rabbits or vermin present on any land (in this subsection referred to as the infested land) in the vicinity of the planted land,—

(a) the Minister may serve on the occupier (if any) of the infested land a notice in writing stating—

(i) that trees or tree plants growing on the planted land are being, or are likely to be, damaged by rabbits or vermin present on the infested land, and

(ii) that, within three months after such service, either—

(A) such rabbits or vermin should be effectively destroyed, or

(B) effective steps should otherwise be taken for the prevention of such damage;

(b) if—

(i) the infested land is unoccupied, or

(ii) the infested land being occupied and a notice under paragraph (a) of this subsection having been served on the occupier thereof, the occupier does not, within three months after such service, either effectively destroy the rabbits or vermin present thereon or otherwise take steps, which are in the opinion of the Minister feasible and effective, for the prevention of damage by the rabbits or vermin to trees or tree plants growing on the planted land,

the Minister may authorise in writing any person to enter on the infested land and kill and take the rabbits or vermin thereon during any specified period, not exceeding twelve months.

(2) Any person entering on land under an authority given by the Minister under this section shall, if so required by the occupier (if any), produce his authority, and, if any person obstructs any person so authorised in the due exercise of his powers or duties under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3) Each of the following shall be vermin for the purposes of this section—

(a) deer,

(b) wild animals (other than hares) likely to damage trees or plants.

59. —(1) Notwithstanding anything contained in the Game Preservation Act, 1930 (No. 11 of 1930), it shall be lawful for the Minister and the servants and agents of the Minister to take and destroy hares by any reasonable means at any time on any day on any land held by the Minister for the purposes of this Act.

(2) In this section the word “hares” includes leverets.

60. —(1) Where the Minister is satisfied that any trees or tree plants, growing on any land (in this subsection referred to as the planted land), are being, or are likely to be, damaged by hares present on any land (in this subsection referred to as the infested land), which is either the planted land or land adjoining the planted land, the following provisions shall have effect:—

(a) the Minister may make an order (in this section referred to as a hares (suspension of restrictions on destruction) order) permitting a specified person, who is either the owner or occupier of the infested land, and also, if the Minister thinks proper, any one or more servants or agents (to be specified by name in the order) of that person to take and destroy hares on the infested land during any specified period, not exceeding six months,

(b) the order shall operate to render it lawful, notwithstanding anything contained in the Game Preservation Act, 1930 (No. 11 of 1930), for the said person and such (if any) of his servants or agents as are so specified by name to take and destroy hares on the infested land by any reasonable means at any time on any day falling within the said specified period.

(2) Where—

(a) the Minister is satisfied that trees or tree plants, growing on any land (in this subsection referred to as the planted land), are being, or are likely to be, damaged by hares present on any other land (in this subsection referred to as the infested land) adjoining the planted land, and

(b) either—

(i) the infested land is unoccupied and either the owner thereof is not resident in the State or his address is unknown and not readily ascertainable, or

(ii) a hares (suspension of restrictions on destruction) order having been made, the period specified therein has expired and the persons authorised thereby in that behalf have failed, during the said period, to take steps to take and destroy hares on the infested land which are in the opinion of the Minister satisfactory,

the following provisions shall have effect:—

(I) the Minister may by order authorise any person or persons (each of whom is in this subsection referred to as an authorised person) named in the order to take and destroy hares on the infested land during any specified period, not exceeding twelve months,

(II) the order shall operate to render it lawful for each authorised person, at any time on any day within the said specified period,—

(A) to enter on the infested land, and

(B) notwithstanding anything contained in the Game Preservation Act, 1930 , to take and destroy by any reasonable means hares thereon,

(III) if an authorised person enters on the infested land in exercise of the powers conferred by the order, he shall, if so required by the occupier (if any), produce the order,

(IV) any person who obstructs or interferes with an authorised person exercising the powers conferred by the order, shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3) In this section the word “hares” includes leverets.

61. —(1) It shall not be lawful for any person to burn any vegetation growing within one mile of a wood which is not the property of such person unless such person has, not less than seven days before commencing to burn such vegetation, given notice in writing of his intention to burn such vegetation to the owner of such wood and to the sergeant in charge of the Gárda Síochána station nearest to such wood.

(2) If any person burns any vegetation in contravention of this section, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Whenever a notice has been served on the owner of a wood under subsection (1) of this section, such owner may within three days after receiving such notice serve a counter-notice on the person by whom such notice was given objecting to the proposed burning on the ground that it is liable to cause damage to such wood.

(4) If any person burns any vegetation either in contravention of this section or after serving the notice required by this section and receiving a counter-notice under this section, all injury occasioned by such burning to any wood in respect of which a notice ought to have been or was served under this section shall be deemed to have been caused by the negligent act of that person and damages to the extent of such injury shall be recoverable accordingly from that person by the owner of such wood.

62. —(1) Where the Minister is satisfied that a wood is liable to be damaged by fire originating on uncultivated land adjoining such wood, by reason of the presence thereon of vegetation,—

(a) the Minister may serve on the occupier (if any) of the said land a notice in writing stating that such vegetation constitutes a potential danger to the said wood and should be removed or sufficiently destroyed within thirty days after such service;

(b) if—

(i) the said land is unoccupied, or

(ii) the said land being occupied and a notice under paragraph (a) of this subsection having been served on the occupier thereof, the occupier does not comply therewith,

the Minister may authorise in writing any person to enter on the said land and remove or destroy any vegetation growing on the part of the said land lying within a distance of one hundred and fifty feet from the boundary of the said wood during any specified period, not exceeding three months.

(2) Any person may, notwithstanding the provisions of section 28 of the Game Preservation Act, 1930 (No. 11 of 1930), remove or destroy vegetation growing on any land which lies within a distance of one hundred and fifty feet of any wood without obtaining the permission in writing of the Superintendent of the Gárda Síochána for the district, if such removal or destruction is done pursuant to a notice relating to such land served under subsection (1) of this section or in accordance with an authority in that behalf given under the said subsection.

(3) Any person entering on land under an authority given by the Minister under this section shall, if so required by the occupier (if any), produce his authority, and, if any person obstructs any person so authorised in the due exercise of his powers or duties under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

63. —(1) The Minister may, whenever and so often as he thinks fit, serve on any person (being the proprietor of any sawmill or factory in which timber is sawn or converted from the round or rough state) a notice requiring that person to furnish to the Minister, within twenty-eight days after the service of such notice, a return containing such particulars, in relation to the source of supply, volume and variety of timber so sawn or converted during a specified period at such sawmill or factory, as may be specified in the notice.

(2) The Minister may, whenever and so often as he thinks fit, serve on any person (who is an exporter of timber in the round or rough state) a notice requiring that person to furnish to the Minister, within twenty-eight days after the service of such notice a return containing such particulars in relation to the source of supply, volume and variety of such timber exported by him during a specified period, as may be specified in the notice.

(3) A notice under this section may require any return to be made thereunder to be in a form specified in the notice.

(4) If any person upon whom a notice is served under this section fails or refuses to comply with the notice, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(5) Where—

(a) a person is convicted of an offence under subsection (4) of this section by reason of his failure or neglect to do the things specified in a notice served on him under this section within the time specified in the notice, and

(b) the said things remain, after the date of such conviction, undone by him,

such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day, after the date of such first-mentioned conviction, on which the said things remain undone by him, and such offence shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

64. —If any person—

(a) makes, in any felling notice under this Act or in any application for a limited felling licence or a utilisation (exempted trees) order or a general felling licence, within the meaning of Part IV of this Act, any statement which is false or misleading in a material respect, or

(b) in making any return to the Minister under this Act, furnishes any information which is false or misleading in a material respect,

that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

65. —All powers, which immediately before the operative date were exercised or capable of being exercised by the Minister under the Destructive Insects and Pests Acts, 1877 to 1929, are hereby transferred to the Minister for Agriculture.