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31 1932

BOURN VINCENT MEMORIAL PARK ACT, 1932

PART III.

Maintenance of the Park.

Date of taking possession of the Park and commencement of this Part of this Act.

10. —The Minister shall enter into possession and occupation of the Park on the 31st day of December, 1932, and as on and from that date shall be responsible for the management and control of the Park, and accordingly this Part of this Act shall come into operation on the said 31st day of December, 1932.

Vesting of control of the Park in the Commissioners.

11. —The management and control of the Park shall be vested in the Commissioners, but such management and control and all other duties and powers imposed on or vested in the Commissioners in relation to the Park by this Part of this Act or otherwise shall be performed and exercised by the Commissioners, subject to and in accordance with the general directions of the Minister.

Maintenance and management of the Park.

12. —(1) The Commissioners shall maintain and manage the Park as a national park for the general purpose of the recreation and enjoyment of the public and shall for that purpose have full power, subject to the sanction (either general or particular) of the Minister, to execute all such works and do all such things as shall in their opinion be necessary for the proper maintenance and management of the Park or be necessary for or contribute towards affording to the public the facilities and benefits to be derived from the Park.

(2) In addition and without prejudice to the general powers conferred on the Commissioners by the preceding sub-section of this section, it shall be lawful for the Commissioners, with the sanction (either general or particular) of the Minister, to reserve any portion of the Park or any building in the Park for any particular purpose, whether State or public or private, to let any part of the Park or any building in the Park or any right over or in respect of any part of the Park to any person, and to charge tolls for the admission of persons, vehicles, vessels, and animals to the Park or any building therein or any part of the Park or of any such building.

Employment of officers and servants.

13. —(1) The Commissioners may from time to time appoint such and so many officers, park constables, gamekeepers, waterbailiffs, workmen, and servants as the Commissioners shall, with the approval of the Minister, think necessary for the proper execution of the duties and exercise of the powers imposed or conferred on them in relation to the Park by this Act or otherwise.

(2) The Commissioners, when making appointments under this section, shall give preference to persons who were, before the commencement of this Part of this Act, employed on the Muckross Estate by the owners thereof and shall, so far as may be practicable, appoint under this section every person who was so employed immediately before such commencement to a position not less favourable in remuneration and conditions of service to those enjoyed by similar employees in the service of the State.

(3) Every person appointed by the Commissioners under this section shall, subject to the foregoing provisions of this section, be so appointed upon and subject to such terms and conditions and at such remuneration as the Commissioners shall, with the sanction of the Minister, determine.

Power of the Commissioners to make bye-laws.

14. —(1) The Commissioners may, subject to the approval of the Minister, make bye-laws for regulating and controlling the use and enjoyment of the Park by the public, and generally for the maintenance, management, and preservation of the Park as a national park.

(2) Every person who shall do any act (whether of commission or omission) which is a breach or in contravention of a bye-law made under this section 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) Copies of all bye-laws made under this section and for the time being in force shall be posted in the Park in such conspicuous manner and places as the Commissioners may deem best calculated to give notice thereof to the persons using the Park.

(4) Every bye-law made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within twenty-one days on which that House has sat next after such bye-law was laid before it, pass a resolution annulling such bye-law, such bye-law shall be annulled accordingly, but without prejudice to the validity of anything previously done under such bye-law.

Removal and arrest of offenders in the Park.

15. —(1) If any person in the Park and within the view of a park constable does any act which is an offence under any bye-law made under this Act, or is in contravention of any such bye-law, such park constable, if in uniform, may do both or either of the following things, that is to say:—

(a) demand from such person his name and address, or

(b) order such person to leave the Park.

(2) If any such person as aforesaid refuses to give his name or refuses to give his address to a park constable upon demand by such park constable as aforesaid, or gives a name or address which is known to or reasonably suspected by the park constable to be false or fictitious, the park constable may without warrant arrest and take into his custody such person.

(3) If any such person as aforesaid, on being so required as aforesaid, refuses or fails to leave the Park, any park constable may either remove such person from the Park by force or may without warrant arrest and take into custody such person.

(4) Whenever a park constable arrests any person under this section he shall forthwith bring and deliver such person into the custody of a member of the Gárda Síochána to be dealt with according to law.

(5) Every person who, on being required by a park constable acting under this section, to give his name and address, refuses to give his name or refuses to give his address, or gives a false or fictitious name or address, or who on being ordered by a park constable acting under this section to leave the Park, refuses or fails to leave the Park, or having left or been removed from the Park returns thereto on the same day, shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(6) A member of the Gárda Síochána on duty in the Park shall have and may exercise the powers conferred on park constables by this section.

Obstruction of and assaults on Park constables.

16. —Every person who shall obstruct or impede any park constable in the lawful execution of any of his duties or powers as such park constable under this Act or any bye-law made thereunder and every person who shall assault a park constable while engaged in the lawful execution of any such duties or powers shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

Employment of police in the Park.

17. —It shall be lawful for members of the Gárda Síochána to be employed on police duties in the Park.