Protection of Birds and Wild Rabbits Regulations, 1980

L.N. 68 of 1980

CODE OF POLlCE LAWS (CAP. 13)

Protection of Birds and Wild Rabbits Regulations, 1980

IN exercise of the powers conferrerl by section 195 of the Code of

Police Laws, the Prime Minister has made the following regulations:-

l. These regulations may be cited as the Protection of Birds and

Wild Rabbits Regulations, 1980.

dwar il-Proteujoni la' l-Agħsafar u ta' Fniek Selvaġġ.

12. Snipes

ColLared Dove

l.

Spanish Sparrow

13. Curlews

')

Star1ing

14. Dotterel

3. Stock Dove

15.

4. Egrets

Stone Cur1ew

! 6.

Golden Plover

5. Thrush (except Blue Rock Thrush)

17. Herons

6. Turtle Dove

18. Lapwing

7. 1 9.

Woodcock

Nightjar

8.

20. Wood Pigeon

9. Quail

21. Wild Duck

Rails, crakes, coots

10. Skylark

11. SECOND SCHEDULE

9. Serin

I. Chaffinch

10. Siskin

Golden Plover

2. Skylark

J l.

Goldfinch

3. Spanish Sparrow

12.

4. Greenfinch

Starling

13.

5. Hawfinch

14. Thrush (except Blue Rock Tħrush)

Linnet

6. Turt1e Dove

15. Ortolan Bunting

�

f.

8. Quail

In these regulations -

"Commissioner" means the Commissioner of Police;

"to take" inc1udes to trap but does not inc1ude to sħoot at;

"c1ose season" means -

(a) in respect of birds, any time between the 22nd day

of May and the 31 st day of August of any year; and

(b) in respect of wild rabbits, any time between the 1st

day of J anuary and the 31 st day of May of any year.

1. Within 200 metres of the Addolorata Cemetery and within 50 metres of any

other cemetery in Malta and Gozo

Within 200 metres of Kennedy Grove at Salina

2.

3. Marsa Sp o rt s Gro u n d

San Anton Gardens and all other public gardens In Malta and Gozo

4.

5. Portes-des-Bombes area

6. Manoel Island

7. 500 metres of the pool at Għadira,

Within

Mellieħa Bay.

Within 500 metres of the Radio Transmitting Station at Xrobb l-Għaġin

8. Within 200 me tr es of the Luqa Airport, and within 50 metres of the approach

9. Iights indicating the runways

10. Within one ki10metre of Comino Island

11. Within one kilometre of Fi1fla Island

Within 200 metres of Buskett Gardens and Verdala Palace.

12. With in 50 metres from the edge of Ta' ċenċ Cliffs, Gozo

13.

14. Ta' Qali Complex,

i n c1 u d ing the area former1y

used as aerodrome and its

adjacent land

15. Within 50 metres of the radio

stations operated by the Department of Civil

A viation at -

(a)

Bengħajsa, limits of Birzebbugia

Din gli Hei g hts, limits of Din g li

(b)

Tas-Silg Fortress, limits of Delimc:.ra

(c)

Wied Rini, limits of Rabat

(d)

Non-directiona1 Beacon, Fort St Rocco, Iimits of Rinella

(e)

VOR Station, It-Tafal, limits of Kercem, Gozo.

(f)

IpJ;I1Ibblibl m1d.Dipartimenc

l-laformazz,joQj

l'"bli.1uil by the D.par(m�1II 01 INfOl'WC/1.tion

la'

-

Il·U.C.S.

StamP«lia laj·Gnm

Slampat

I'rinttd al

the

c.a.s.

Goumm6nt

Pri"'tinr Pre ..

-

-

-

.Prezz 4c

-

No person shall shoot at or attempt to shoot at, take or attempt

licence.

to take, by any means whatsoever, any game unless licensed by the

Police and subject to compliance with any conditions specified in the

licence and with the provisions of these regulations.

No person shall -

Sa 200 metru miċ-ċimiterju ta' l-Addolorata u sa 50 metru minn kull ċimiterju

ieħor f' M a l t a u f'Għawdex.

Sa 200 metru mill-Kennedy Grove fis-Salini.

2.

3. Il-Ground ta' l-Isports tal-Marsa.

Il-Ġonna ta' Sant'Anton u l-ġonna pubbliċi l-oħra kollha f'Malta u G ħa wd e x.

4.

5. L-inħawi ta' Portes-des-Bombes.

6. Manoel Island.

7. Sa 500 metru mill-Għadira, fil-Bajja tal-Mellieħa.

8. Sa 500 metru mill-Istazzjoni tat-Trasmissjoni tar-Radju fi Xrobb il-Għaġin.

Sa 200 metru mill-A j ruport ta' Ħal Luqa, u sa 50 metru mid-dwal li juru t-triq

9. għar-runways.

10. Sa kilometru mill-Gżira ta' Kemmuna.

11. Sa kilometru mill-Gżira ta' Filfla.

12. Sa 200 metru mill-Ġonna tal-Buskett u l-Palazz ta' Verdala.

13. Sa 50 metru mit-tarf ta' l-Għoljiet ta' ċenċ, Għawdex.

Il-Kumpless ta' Qali, magħduda l-inħawi fe j n qabel kien użat bħala a j ru po rt u l-art

li tmiss miegħu.

Sa 50 metru mill-istazzjonijiet tar-radju mħaddma mid-Dipartiment ta' l-Avjazzjoni

15. ċivili

(a)

f'Bengħajsa, fil-limiti ta' Birżebbuġa;

(b)

fl - G ħo ljiet ta' Ħad-Dingli, fil-limiti ta' Ħad-Dingli;

fil-Fortizza tas-Silġ, fil-limiti ta' Delimara;

(ċ)

(d)

f'Wied Rini, fil-limiti tar-Rabat;

Non-directional beacon, Forti San Rokku, limiti tar-Rinella;

(e)

fl-Istazzjon tal-VOR, It-Tafal, fil-limiti ta' Kerċem. Għawdex.

(0

(a) during the c10se season shoot at or attempt to shoot at,

take or attempt to take any bird;

(b) outside the c10se season shoot at or attempt to shoot at

any bird other than a bird included in the First Schedule to these

regulations;

(c)

outside the close season take or attempt to take any bird

other than a bird included in the Second Schedule to these regula­

tions.

No person in search for or in pursuit of game sħall discharge

any gun or other firearm while afloat within three kilometres from any

foreshore, or while within 200 metres of any inhabited area or 50 metres

of any street or road which is or may be used by any motor vehicle,

other than a country lane or minor road which is intended principally

for use as access to fields.

No person shall, while in or on any motor vehicle, shoot at or

go in pursuit of any bird.

No person shall carry a firearm unless he carries also the

relative licence.

No person shall, at any time, keep or carry a firearm which

is loaded or out of its case unless he is at a place where shooting for

game is al1owed.

( 1) No person shall take or attempt to take any bird unless he

is in possession of the relative police licence.

(2)

The taking of birds shall be carried out only by means of

a c1ap-net, f1ap wire cage trap, a laid out net, or a vertical net, known as

"xibka wieqfa għall-imlieveż".

No person shall shoot at, attempt to shoot at, take or disturb

any birds' nest or its young.

No person shall keep in captivity any bird other than a bird Birds in

captivity.

included in the Second Schedule to these regulations unless he proves

that such bird was lawfully imported or was bred in captivity.

Cruel practices.

(I)

No person shall resort to crue1 practices in taking birds

or in attempting to take birds.

(2) For the purposes of paragraph

(1) of this regulation,

"cruel practices" sha11 include -

(a) the use of poisonous or stupefying bait, hooks, birdlime.

or any like substance;

any electrical device or any gas;

(b)

netting, known as

"ranja" and mist-nests;

(c)

(d)

net-cage trap; and

(e)

decoy live birds which are blind.

(3) No person sha11 sel1, offer or expose for sale or keep any

device as is referred to in paragraph (2) of this regulation.

No person shall, between one hour after sunset of one day Taking of birds

and one hour before sunrise of the next following day. take, or attempt by mist-net.

to take, a ny bird by the use of artificial lights or mist-net.

A licence gra n ted u n d e r section 188 of the Code of Police Type of licence.

Laws shall be either in rcspect of shooting at birds or in respect of shoot­

ing at wild rabbits.

Where any person is, at any time, found to be in any field Presumption to

or in any part of the opcn country in possesison of a loaded firearm, in

circumstances which give rise to suspicion that he is not in pursuit of

wild rabbits, he shall, unless the contrary is proved, be presumed to be

in pursuit of birds.

No person shall

Protection of

-

(a) keep Of confine any bird whatsoever in any cage or otheT captive birds.

receptacle which is less than 250 mm in height, 250 mm in length

and ·150 mm in breadth, and which. considerillg the size of the biTd,

is not sufficient to permit the bird to stretch its wings freely

Provided that this sub-paragraph shall not apply to pou1try nor

to the keeping 01' confining of any bird -

of

w hil e that bird is in the course

conveyance

(i)

whether by land, air or water; or

(li) whi1e that bird is being shown for the purpose of

any public exhibition or competition for a period not exceed­

ing seventy-two hours; or

(iii) whiie that bird is undergoing treatment by a vete­

rinary surgeon or otheT veterinary practitioner;

(b) promote, permit, assist or take part in any event whatso­

ever in the course of which captive birds are liberated for the

purpose of being shot at on their release.

No taxidermist sha11 stuff or mount any bird other than a bird

inc1uded in the First and Second Schedu1es to these regulations.

t8. A taxidermy licence whose holder is c o n v i c t ed of any cruel

practice to birds, shaB not be renewed.

Ebda liċenza ta' tassidermija ma tiġi mġedda jekk id-detentur

tal-liċenza jkun instab ħati ta' xi għemil kiefer fuq l-agħsafar.

(1) No pcrson, other than a licensed ringer, shaB take any

bird for the purpose of ringing or marking it.

(2) Any li ce n s e d ringer who takes a b i r d for the pu r p ose of

ringing Of marking it shaH release such bi r d immediately a f t e r it h as

been ringed or marked.

(3) Any licensed ringer who takes a bird for the purpose of

ringing or marking it, or of examining any ring or mark thereon, may

use -

any f o r m of artificia l light;

(a)

(b) any rocket propelled or cannon net for taking birds on

the ground; or

(c)

any type of net.

No person may use on any bi r d any ring other than a ring

approved by the Commissioner.

The places and areas specified in the Third Schedule to

(1)

these r e g ul at i o ns are bird sanctuaries.

(2) No person sha11 2.t any time, by any means whatsoever,

kill, injure, take or attempt to kill, injure or take, any bird within the

boundaries of any bird sanctuary.

(3) lt sha11 not be lawflll for any person to have in his pos­

session or control any firearm, ammunition, trap-net or any other device

for taking birds, within the boundaries of any bird sanctuary.

The Commissioner may order the owner, tenant or other

(1)

places. person in possession

of the land on which any hiding p l ac e intended to

be used for shooting or taking of birds has been constructed or built, to

demolish, with in such time as the Commissioner may determine, any

such hiding place if it has been so constructed or built within any place

or area specified in the Third Schedule to these regulations.

(2) If any such owner, tenant or possessor fails to comply

with any such order, the Commissioner may de m o lis h the hiding place

at the expense of the said owner, tenant or possessor, as the case may

be.

Nothing in these regulations sha11 make clay pigeon shooting

organised by shooting c l ubs regi::;tered with the Commissioner and held

on the enclosure of any such club unlawful. The expression "enclosure"

shaH inclu·de any plot of land so enclosed as to prevent danger to life

and property, and conspicuously markcd as a danger area.

The Commissioner may, for any scientific or other similar

purpose, give authority to shoot at or to take any bird or authorise the

performance of any act which would otherwise be unlawful under these

r e gul a ti o n s

.

No person shaH, cluring the close season fo r wild rabbits,

shoot at or take, or attempt to shoot at or take, any wild rabbit, Of for

such purpose use any dog, ferret 01' net.

Where any person is at any time, found to be in any field or Presumption to

in any other part of the open country in possession of a 10aded firearm, pursuing wild

in circumstanccs which give rise to suspicion that be is not in pursuit of rabbits.

birds, he shall, unless the contrary is proved, be presumed to be in

pursuit of wild rabbits.

No person shall -

Prohibited shots.

(2.) shoot with, or use any cartridge loaded with shot of any

size abo'!e 3.2 mm in diameter, or

(b) use any repcater gu n or other firearm which has rnore

than four cartridges in the magazine at any one time.

Any police officer may stop and search any person whom he Enfcrcement.

reasonab1y suspects of having contravened or of being about to con-

travene any of the provisions of these regulations, as also any vehicle

bein g used by such person, and he may arrest such person if the latter

fails to identify hi:::nse1f, and may aIsa seize and detain for the purposes

of investigating the suspectcd offence any bird, firearin, missi1e or

'Jther thing capab1e of killing or injuring bi rd s Of wild rabbits, which

may be in such person's possession of control.

The

Protection

of

Birds

Regulations,

are

hereby

1937. Revokes G.N. 7

revoked.

of 1937.

SCHE DUL ES