S.I. No. 274/1987:

FLORA (PROTECTION) ORDER 1987.

FLORA (PROTECTION) ORDER 1987.

I, RAY MACSHARRY, Minister for Finance, considering that each of the species of flora specified in the Schedule to the following Order should be protected, hereby, in exercise of the powers conferred on me by section 21 of the Wildlife Act, 1976 (No. 39 of 1976), and the Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 156 of 1987 ), order as follows:

1. This Order may be cited as the Flora (Protection) Order, 1987.

2. (1) Each of the species of flora specified in column (1) of the Schedule to this Order is hereby declared to be protected throughout the State.

(2) The common name of each of the species of flora specified in the said column (1) is set out in column (2) of the said Schedule opposite the mention of the species.

(3) In case a species of flora specified in the said column (1) is partly comprised of flora which are not flora within the meaning of the Wildlife Act, 1976 (No. 39 of 1976), this Article shall be construed and have effect in relation to that species as if, "in so far as it is comprised of flora within the meaning of the Wildlife Act, 1976 ," were inserted before "is hereby declared" in paragraph (1) of this Article.

3. The Flora (Protection) Order, 1980 ( S.I. No. 338 of 1980 ), is hereby revoked.

SCHEDULE

GIVEN under my Official Seal this 20th day of October 1987.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

This Order declares certain species of flora to be protected throughout the State.

In effect this means that, except under licence from the Minister for Finance, it is an offence for a person to cut, pick, uproof or otherwise take, purchase, sell or be in possession of any plant whether whole or part, of a species mentioned in the Order, or wilfully to alter, damage, destroy or interfere with the habitat of such a species.

Article 2 (3) of the Order has the effect of excluding from the operation of the Order any plants of the named species which are cultivated as vegetables e.g. asparagus.