District Court Rules

ORDER 89

WILDLIFE

Definitions

1. In this Order—

‘the Act’ means the Wildlife Act, 1976, (No 39 of 1976);

‘the Minister’ means the Minister for Arts, Culture and the Gaeltacht.

Venue for appeal under section 29(7)

2. (1) An appeal pursuant to section 29(7) of the Act against the refusal by the Minister to grant or renew a licence to hunt with firearms may be made at any sitting of the court for the court area in which the appellant ordinarily resides or, where the appellant is ordinarily resident outside the State, temporarily resides.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.1, Schedule C) signed by the appellant or solicitor for the appellant.

Service and lodgment of notice

(3) Such notice shall be served upon the Minister by registered prepaid post at least 14 days before the date of hearing of the appeal and a copy thereof, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of such hearing.

Order of court

(4) The order of the court hearing such appeal shall be in accordance with Form 89.2, Schedule C.

(5) Where the court allows the appeal the Clerk shall, as soon as may be, send to the Minister a copy of the order of the court.

Venue for application for certificate

3. (1) An application for the grant of a certificate authorising the issue of a licence or renewal of a licence to carry on business as a wildlife dealer pursuant to section 48 of the Act may be made at any sitting of the court for the court area in which the premises for which the certificate is sought are situate.

Form of notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 89.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

(3) Such notice shall be served upon the Minister by registered prepaid post at least 14 days before the date of hearing of the application and a copy thereof, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of such hearing.

Order of court

(4) Where the application is granted the certificate shall be in accordance with Form 89.4, Schedule C.

Venue for application to amend licence

4. (1) An application for the amendment of a wildlife dealer’s licence pursuant to section 48(7) of the Act may be made at any sitting of the court for the court area in which the certificate authorising the issue of a licence was granted.

Form of notice

(2) Such application shall be preceded by the completion of a notice in the appropriate form (Form 89.5, Schedule C) which shall be lodged with the Clerk at least two days before the date of hearing of the application.

Revocation of licence

5. Where pursuant to section 49(1) of the Act the court revokes a wildlife dealer’s licence the Clerk shall, as soon as may be, send to the Minister a copy of the order of the court.

6. Where, pursuant to section 75 of the Act, the court revokes a firearm certificate or a licence to hunt with firearms and imposes a disqualification, the Clerk shall, as soon as may be, send to the Minister a copy of the order of the court.

Venue for appeal under section 77

7. (1) An appeal pursuant to section 77 of the Act against seizure and detention under the Act may be made at any sitting of the court for the court area in which such seizure and detention was made.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.6, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon every person directly affected by the appeal, in accordance with the provisions of section 3 of the Act, at least seven days or, where service is effected by registered prepaid post, at least 14 days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of the said hearing.

Order of court

(5) The order of the court hearing such appeal shall be in accordance with Form 89.7 or 89.8, Schedule C as the case may be.

Venue for appeal under section 78(5)

8. (1) An appeal pursuant to section 78(5) of the Act against a direction under section 78(3) of the Act may be made at any sitting of the court for the court district in which the Peace Commissioner by whom the direction was given acts.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.9, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the person on whose application the direction was given and upon the Peace Commissioner who gave the direction. It shall be served in accordance with the provisions of section 3 of the Act not later than four days after the giving of such direction, and a copy of the notice, together with a statutory declaration as to service thereof, shall then be lodged with the Clerk.

Order of court

(4) The order of the court on hearing such appeal shall be in accordance with Form 89.10 or 89.11, Schedule C, as the case may be.

Application to prohibit entry on land — venue for

9. (1) An application pursuant to section 68(5) of the Act for an order prohibiting an authorised officer from entering on land may be made at any sitting of the court for the court district wherein the land is situate.

Application — notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 89.12, Schedule C upon the respondent (the authorised officer) in accordance with the provisions of s 3 of the Act. Service shall be effected at least seven days or, where the notice is being served by registered prepaid post, at least 14 days before the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof, shall then be lodged with the Clerk at least two days before the said date for hearing.

Application — order of the court

(3) The order of the court on hearing the application shall be in the Form 89.13, Schedule C.

Application for search warrant — venue for

10. (1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 73 of the Act may be made at any sitting of the court for the court district wherein the premises or other land in respect of which the warrant is sought is situate.

Application for search warrant — by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 89.14, Schedule C, of the member of the Garda Síochána or the authorised person seeking the warrant.

Application for search warrant — form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 89.15 or 89.16, Schedule C, as appropriate.

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