No. 13/1969:

CURRAGH OF KILDARE ACT, 1969

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Restriction on having animals on Curragh.

3 Provisions in relation to sheep kept on Curragh.

4 Provisions in relation to prosecutions for contravention of Act.

5 Provisions in relation to Maor and Fomhaor.

6 Offences.

7 Revocations.

8 Expenses of Minister.

9 Short title.

AN ACT TO AMEND AND EXTEND THE CURRAGH OF KILDARE ACT, 1961 .

[27th May, 1969]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

"the Act of 1961" means the Curragh of Kildare Act 1961 , No. 35.;

"the Lands" means the Blue Lands and the Green Lands of the Curragh (which expressions have the same meaning as in the Act of 1961);

"the Minister" means the Minister for Defence;

"the official brand" means the brand standing designated for the time being under Bye-law 5 of the Curragh Bye-laws, 1964.

(2) References in this Act to the Maor are references to the person employed by the Minister to carry out duties in relation to the management of the Curragh and the rights of common of pasture affecting the Curragh and upon whom powers and duties in relation to sheep on the Curragh are conferred or imposed by Bye-law 5 of the Curragh Bye-laws, 1964, and references in this Act to a Fomhaor are references to any person employed by the Minister to assist the Maor in the exercise of his powers and carrying out of his duties.

(3) References in this Act to the Curragh Bye-laws, 1964, shall include references to any bye-laws made after the passing of this Act amending, replacing or repealing the said Curragh Bye-laws, 1964.

2.—(1) A person shall not—

( a ) unless authorised by the Maor to do so, bring sheep onto the Lands or have sheep on the Lands, or

( b ) save under and in accordance with the Curragh of Kildare Act, 1870, and the Act of 1961 and unless authorised by the Maor to do so, keep or graze sheep on the Lands.

(2) A person shall not—

( a ) unless authorised by the Maor to do so, bring an animal other than sheep onto the Lands or have an animal other than sheep on the Lands, or

( b ) keep or graze an animal other than sheep on the Lands.

3.—(1) Sheep shall not be kept or grazed on the Lands unless they are branded with the official brand and a brand used by the owner of the sheep.

(2) As soon as may be after a sheep kept or grazed on the Lands has been sheared it shall be brought to the Maor for branding with the official brand and the owner of the sheep shall brand it with a brand used by him.

(3) A person shall not use a brand for branding sheep kept or grazed on the Curragh if, in the opinion of the Maor, the brand is similar to the official brand.

(4) At least three days before bringing sheep onto the Lands for the purpose of keeping or grazing them there, the owner of the sheep shall give notice of his intention to do so to the Maor and he shall give a description in writing of the brand used by him on the sheep to the Maor and, if at any time he proposes to use another brand on the sheep, at least three days before he commences to use the other brand, he shall give a description in writing of the brand to the Maor.

(5) At least three days before removing from the Lands sheep kept there in accordance with the Curragh of Kildare Act, 1870, and the Act of 1961, the owner of the sheep shall give notice of his intention to do so to the Maor.

(6) ( a ) The Maor may at any time request the owner of any sheep kept or grazed on the Lands to collect the sheep and allow the Maor to count them and inspect their brands.

( b ) A person shall comply with a request of the Maor under this subsection.

(7) For the purposes of this Act, a lamb shall on the 1st day of September next after the date of its birth be deemed to be a sheep.

4.—(1) In a prosecution of a person for contravention, in relation to an animal, of a provision of this Act, if it is proved that the animal was found on the Lands and it is proved (either by virtue of subsection (2) of this section or otherwise) that the person was its owner at the time of the finding, it shall be presumed, until the contrary is proved—

( a ) if the animal was not a sheep, that the person brought the animal onto the Lands or had the animal on the Lands without being authorised by the Maor to do so or that the person kept or grazed the animal on the Lands,

( b ) if the animal was a sheep, that the person brought the animal onto the Lands or had the animal on the Lands without being authorised by the Maor to do so or that the person, otherwise than under and in accordance with the Curragh of Kildare Act, 1870, and the Act of 1961 and without being authorised by the Maor to do so, kept or grazed the animal on the Lands, or

( c ) if the animal was a sheep and it is proved that it was not at the time it was so found branded in accordance with the provisions of this Act, that the person kept or grazed it on the Lands without its being branded as aforesaid,

as may be appropriate having regard to the particular provision of this Act alleged to have been contravened by the person.

(2) In a prosecution of a person for contravention of a provision of this Act in relation to an animal which was found on the Lands and upon which there was, at the time it was so found, a brand (other than the official brand), if it is proved that the person was the user or reputed user of the brand, it shall be presumed, until the contrary is proved, that the person was the owner of the animal at that time.

5.—(1) The Minister shall have, and be deemed always to have had, power to appoint from time to time a person to be the Maor or a Fomhaor upon and subject to such terms and conditions of employment (including remuneration) as may be determined from time to time by the Minister with the consent of the Minister for Finance.

(2) The powers and duties of the Maor under this Act and under the Curragh Bye-laws, 1964, may be exercised in his absence or under his authority by a Fomhaor.

(3) References in the Curragh Bye-laws, 1964, to the Head Bailiff shall be construed as references to the Maor and references in those bye-laws to an Under Bailiff shall be construed as references to a Fomhaor.

6.—A person who contravenes a provision of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds and, in the case of a continuing offence, to a fine not exceeding twenty pounds for each day or part of a day during which the offence is continued and not exceeding one hundred pounds in all.

7.—Bye-laws 4 and 5 (excluding the second and third sentences of paragraph (iv) and paragraphs (v), (x), (xii), (xiii) and (xiv)) and Bye-law 15 of the Curragh Bye-laws, , are hereby revoked.

8.—The expenses incurred by the Minister in the administration of this Act shall to such extent as may be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.

9.—This Act may be cited as the Curragh of Kildare Act, 1969 .