The Protection or Birds and Wild Rabbit

LN . 23.0£ 1m

ENVIRONMEI''T PROTECTION ACT, 199'1

(ACT NO. V OF 199 1)

The Protection or Birds and Wild Rabbit

(Amendment) Regulations, 1997

IN exercise of the powers conferred by sections 6, 32, 33 and 48

of the Environment Protection Act,I99I. the Minister ofForeign Affairs

and the Environment. with the conc urrence o f the Prime Minister, has

made the following regulations: -

I , These regulations may be cited as the Protection of Birds and CkoI .....

Wild Rabbit (A mendmen t) Regulations. 1997, and shall be read and

cOllstmed as one with the Protection o f Birds and Wild Rab bit

Regulations, 1993 hereinafte r referred to as ',he principal regulations", Wt. l460f 199) .

For regulation 2 of the principal regulations there shall be Sobotil ....

su bstituted the foJlowin g:-

2. In these regulations, unless the contellt otherwise

requlres: -

"Act" means the Environment Protection Act, 1991

"bird" and "birds" means any bird dec lared protected

by the Birds and Wild Rabbi t (Declaration of Protec ted

Species and Na rure Reserves) Regulations, 1993;

"captive bred" means a bird which is close ringed ar.d

which has been hatched and bred from parental stock in a

human controlled environment;

"close ringed" means a full-circle ring without any cut

or intenuplion therein and which can nat tle placed on a bird's

foot other than when such bird is of a very tender age , such

ring being approved by the Director;

"closed season" means:-

(a)

in respect of the shooting of birds not at sea

(0 any time between the 1st february and

the 24th March of any year; and

(ii) any time between the 23rd May and the

3 1st August of an y year; and

(iii) outside the period mentioned in the

foregoing subparagraphs (i) and (ii) and savi ng the

provisions of regulation 15 of these regu lations,

every Sunday and public holiday after one o'clock

in the afternoon ( I p .m.);

(b)

in respect of the tak ing of birds not 31 sea

(i) at any time between the 1st f ebruary to

the last day o f f ebruary of any year; and

(ii) at any time between the 23rd May and

the 31st August of any year;

(c) in respect o f the taking and shooti ng of birds

at sea. any time between the 1st March and the 30th

September of any year;

(d)

in respect of the taking and shooting of wild

rabbit

(i) between the 1st Jan uary and the 31st May

of any year; and

(ii) outside the period mentioned in the

foregoing subparagraph (i) and saving the

provisions of regulation 15 of these regu lations,

every Sunday and public holiday after one o'clock

in the afternoon (1 p.m.);

"Commi!;Sioner" means the Commissioner of Police;

"Department" means the Environment Protection

Department under the direction of the Director as stated in

this regulation;

"Director" means the Director for the Protection of the

Environment being such official as is delegated in tenos of

paragraph (b) of section 3 of the Act to be responsible for the

pmtection of the envimnment , IInll who is delegated to the

control, direction and administration of the Environment

Protection Depanment, and includes any official in his

Department who acts on his behalf, and for the purposes of

each regulation made by vinue of this Act. the tenn "Director

responsible for the environment" or any other similar tenn ,

and the tenn "Officer responsible for the protection of the

environment" in the Act, shall be deemed to have the same

meaning as Director iii these regulations;

"inhabited area" means any area in which there is an

aggregation of houses inhabited or capable of being inhabited

by more than one hundred persons;

"lead shot" means lead, steel orland any other material

of whatever make and size contained in a canridge, other

than gun powder;

"Mini ster" means the minister responsible for the

environment;

"nature reserves" for the purpose of these regulations

are those areas listed in the Schedule to the Biros and Wild

Rabbit (Declaration of Protected Species and Nature Reserves)

Regulations, 1993;

"sh()()(" and "shooting" means to sh()()( or shooting using

a fireann or any OIher weapon;

Hshooting at sea" means the shooting of birds from sea-

craft;

"taking at sea" means the taking of birds from sea-craft;

' 'to take" includes to trap, but does not include to shoot

at by means of a firearm or any other weapon ," ,

For paragraph (I) of regulation 9 of the princi pal regUlations,

there shall be substituted the following:-

No person shal\

"( I)

(a) during the closed season for the shooting of birds

not at sea, shoot or attempt to shoot at any bird, or carry

ammunition or a firearm outside ils case;

(b) outside the closed season for the shooting of birds

not at sea, shoot or attempt 10 shoot at any bird not included

in Schedule I to these regulat ions;

(c)

during the closed season forthe taking of birds not

at sell, lllke or allernpt 10 take any bird

(d) outside the closed season for the talc ing of birds

nOl at sea, take or attempt to take any bird not included in

Schedules I and lito these regulations;

(e) during the closed season forlhe taking and shooting

of the wild rabbit, take or attempt totake, by any means, shoot

or attempt to shoot wild rabbit;

Provided that during the open season for the taking of

the wild rabbit, the Commissioner may issue a licence to an

applicant in possession of a fanner', !'egistr.J.tion card to shoot

wild rabbit on his own land, sohowever, that II person in

possession of II fanner's registration card may transfer to

another applicant his right to shoot wild rabbit on his land

du ri ng the closed season forthe taking and shooting

(f)

of birds at sea, shoot or attempt to shoot. take or attempt to

take,any bird,orcany, while al sea(otllcrthan while crossing

between Malta and Gozo by public transport) , any

ammunition or any firearm licensed for game shooting.".

In regulation II of the princi~~'

regulations. t n~.,.",.,.ph

(5) A

' - -~ -

ru

II of die iacipoI

thereof shall be deleted.

.., I ... :_

s. In paragraph ( I) of regulation 12 o f the principal regulations " _ .. pl";""

12 of,,,, pri""ipol

for the words "or was bred in captivity." there shall be substituted the .. plllion<_

words"or was bred in captivity or was registered with the Depanment

in tenns of paragraph (5) of regulation 17 of these regulations.

Whosoe\-eris in possession of any species of li ve protected birds shall

reponsuch possession to the Department within a period of one month

from Ihe publication of these regulations, so that such birds may be

released ....

" ..........

6, Regulation 17 of the principal regulations shall be amended 17 of IIit ,.w

as follows: -

.... 1Miono.

(a) for paragraph (I) thereof there shall be insened the

following: -

"(I) No person shall stuff or mount any bird or act as

a tax idennist, whether for commercial purposes or for a

personal purpose, or be in possession of tools, chemicals or

other equipment which is used or is normally used for

taxidenny, without a licence issued by the Commissioner.";

(b) immediately after paragraph (4) thereof, there shall be

insened the following: -

"(5)

Any person havi ng any stuffed bird o r birds whose

species is not indicated in Schedules I, U or III to these

reguialions,shall with in ~e year from the publication of these

regulations declare suc h bi rds to the Department and shall be

given permission by the Dc:panmcnl to keep such birds.

It shall not be lawful for any person to JXlssess any

(6)

slUrred bird or birds whose speci es is nOl indicated in

Schedules I, 11 o r III to these regu lations and which have not

been registered with the Dc:panment within the time prescribed

in paragraph (5) of regu lation 17 of these regulations.".

Ir-re go[llment 17 tar- regolamenti prinCipaJi ghandu jigi "~~

.·.........-17

emenda! kif gej:-

mi nOok il-parngrafu ( I) tieghu ghand u jidhol dan Ii

(a)

gej: _

"( I)

Ebda persuna rna tisla' tibba[zma jew timmonla

IIi gha~fur jew 11Ighmilha ta' blllzmatur, kcmm ghal skopijict

kummelijai i kemm ghal skopijiel personaii ,jew ikollha fil-

pussess taghha ghoddll . kimika jew apparat iehor Ii jintuza

jew Ii so[tu jintuia gliall-ibbalzmar, min ghajr il-lieenza tal·

Kummissarju."; u

(b)

minnufi h warn I-paragrafu (4) lieghu. ghandujidhol dan

Ii gej:-

"(5)

Kull min ghandu xi g!'lasfur j ew ghasafar

ibbalzmati Ii I. ispeei taghhom rna tidhirx fJ-islcedi I, n jew

lII.lijinsabu rna' dawn ir-regoJamc:nti, gl'l.andu fi imien SCna

mill-PlbbJibujoni ta' dawn ir-regolamenti jiddikjarhom lid-

Dipanimenl u jing.hata penness mill-istess Dipartimenl biex

iiommhom.

(6) Ebda persuDa rna j isla' jkollha xi ghasfur jew

ghasarar ibbalz.mati jekk l-ispoCi taghhom rna tidhinr. fI -lueda

I, II jew 0I11 j insabu rna' daWi ir-regolamenti u jekk dawn

ma j ltunux gew registrati mad -Oipanimcnt fi:i:· imien stipulat

fiI-paragrafu (5) w-regolamentl7 ta' dawn ir-regolamenti ....

Minflok it-ritlu Ii hemm fl-lskeda I Ii tinsab mar-regolamenti

For the ti tle to Schedule I to the principal regulations there

shall be substituted the folJowing:-

" Birds that may beshot and potenllaUy trapped on land".

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