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41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

24 Articles / Provisions · Malta
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Table of Provisions (24)

Statutory Text (24 Articles)

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Minister for Home Affairs

and the Environment

L.N. 41 of 2003

ENVIRONMENT PROTECTION ACT, 2001

(ACT NO. XX OF 2001)

Protection of Birds and Wild Rabbit (Amendment)

Regulations, 2003

BY virtue of the powers conferred by articles 6, 9, 10 (2) and 11 of

the Environment Protection Act, 2001, the Minister for Home Affairs

and the Environment has made the following regulations>–

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

(1) The title of these regulations is the Protection of Birds Citation and Entry

into Force.

and Wild Rabbit (Amendment) Regulations, 2003 and they shall be

read and construed as one with the Protection of Birds and Wild Rabbit L.N. 146 of 1993.

Regulations, 1993, hereinafter referred to as “the principal regulations”.

(2) These regulations shall come into force on such date

the Minister responsible for the Environment may by notice in the

Gazette appoint and different dates may be so appointed for different

provisions and different purposes of these regulations.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 2 of the principal regulations shall be amended as Amends

regulation 2 of

follows>-

the principal

regulations.

(a) in the definition of “Act” for the words “1991” there

shall be substituted the words “2001”<

(b) for the definition of “bird” and “birds” there shall be

substituted the following>-

“ “bird” and “birds” means any bird or birds which

occurs, or has occurred, in the wild in Malta”<

(c) immediately after the definition of “bird” and “birds”

there shall be added the following new definition>-

“bird sanctuaries” means the areas listed in Schedule V

to these regulations<”<

(d) immediately after the definition “captive bred” there

shall be added the following new definition>-

“ “carnet de chasse” means a permit in the form shown

in Schedule IV to these regulations, which permit also includes

an annual census of birds hunted and, or taken from the wild<”<

(e)

in the definition of “closed season” –

(i) in the English text of paragraph (a) thereof, for the

word “shooting” there shall be substituted the word “hunting”<

(ii) in paragraph (a) subparagraph (i) and (ii) thereof

for the words “any time between” wherever they occur, there

shall be substituted the words “any day between and

including”<

(iii) for paragraph (b) thereof, there shall be substituted

the following>-

“(b) in respect of the taking of the birds listed in

this paragraph>-

(i) Quail and Turtle Dove at any day between

and including the 23 rd May and the 31 st August and at

any day between and including the 1 st February and the

24 th March of any year<

(ii) Song Thrush and Golden Plover at any day

between and including the 1 st February and 31 st August

of any year<

(iii) Finches at any day between and including

11 April and 30 th September of any year<”<

th

(iv) in paragraph (c) thereof, the words “taking

and” shall be deleted, and in the English text of

paragraphs (c) and (d) thereof, for the word “shooting”

there shall be substituted the word “hunting”<

(f) in the definition of “Commissioner” immediately after

the words “the Commissioner of Police” there shall be added the

words “or his representative<”<

(g) the definition “Department” shall be deleted<

(h) for the definition of “Director” there shall be substituted

the following new definition>

“ “Director” means the Director of the Environment

Protection Directorate within the Malta Environment and

Planning Authority or his representative<”<

(i) immediately after the definition of “Director” there shall

be added the following new definitions>-

“ “finches” means birds belonging to the following

species > Fringilla coelebs (chaffinch), Serinus serinus (serin),

Carduelis chloris (greenfinch), Carduelis carduelis

(goldfinch), Carduelis cannabina (linnet), Carduelis spinus

(siskin), Coccothraustes coccothraustes (hawfinch)<

“hunt” and “hunting” means to hunt or use a fire-arm or

any other weapon for hunting, and “hunting at sea” means

hunting from sea-craft<”<

(j) immediately after the definition of “lead shot” there shall

be included the following new definition>-

“ “licence” includes permit<”<

(k) immediately after the definition of “Minister” there shall

be inserted the following new definitions>-

“ “Ornis Committee” means the Committee established

under regulation 2A of these regulations<

“Organisation representing persons knowledgeable in,

or working for, the protection of avifauna” means any

organisation that has more than two thousand (2000) paid-up

members, a statute, a committee which is elected at least once

biennially, and which has its accounts verified and certified

by a qualified auditor and approved by a general meeting of

the organisation<

“Organisation representing persons licensed to hunt

and, or take” means an organisation that has more than three

thousand (3000) paid-up members, a statute, a committee

which is elected at least once biennially, and which has its

accounts verified and certified by a qualified auditor and

approved by the general meeting of the organisation<

“Section” means the Avifauna Section under the control

of the Director<”<

(l) the definitions “shoot” and “shooting” in the English

text only, and the definitions “shooting at sea”, and “taking at

sea” shall be deleted<

(m) for the definition “to take” there shall be substituted

the following>-

“ “to take” and “taking” means to take from the wild,

using any methods of trapping.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Immediately after regulation 2 of the principal regulations there

shall be added the following new regulations>-

2A. (1) There shall be a committee to be known as

the Ornis Committee.

(2) The Ornis Committee shall be composed of not

less than seven members and not more than nine members

who shall be appointed, by the Minister for a term of two

years, as follows>-

(a)

a Chairman<

(b) the Director, or his representative<

(c) two members to be nominated by an organisation

representing persons licensed to hunt and, or, to take<

(d) two members to be nominated by an organisation

which represents persons knowledgeable in, or working for,

the protection of avifauna<

(e) a person who is knowledgeable in, and specialised

in, avifauna, who shall be nominated by the Director.

Provided that where there is more than one organisation

as is referred to in either sub-paragraph (c) or (d) of this

paragraph, then there shall be three members appointed in

terms of each of sub- paragraph (c) and (d), in which case the

three members appointed under the sub-paragraph where there

is more than one organisation will be appointed as follows>

Two members nominated by the organisation having the

most members and one member nominated by the organisation

having the next higher number of members.

(3) (a) the Committee shall be properly constituted

and may function notwithstanding any failure to nominate

any or all of the members mentioned in sub-paragraphs (c)

and (d) of paragraph (2).

(b) The members referred to in sub-paragraphs (a),

(c) and (d) of paragraph (2) hereof, shall each have one vote.

The other members of the Committee shall have no vote.

(c) The Director shall appoint a person to act as

Secretary of the Committee.

(4) The quorum of the Ornis Committee shall consist

of the Chairman and not less than half the number of the other

members who have a vote, provided that where any members

representing the organisations referred to in sub paragraphs

(c) and (d) of paragraph (2) are not nominated, the Chairman

shall act on his own, after consulting both the Director and

the person mentioned in sub-paragraphs (b) and (e) of

paragraph (2) hereof.

(5) Subject to the provisions of paragraph (4) hereof,

the chairman shall have an original vote and, where the votes

are equally divided, a second or casting vote.

(6) The functions of the Ornis Committee shall be to -

(a) establish the policies and conditions in relation to

the issuing of new licences for the hunting or taking of birds,

and of wild rabbit<

(b) decide on the policies and conditions on the

confirmation of licences to take, as necessary<

(c) carry out studies and, or assessments relating to

the status of the birds mentioned in Schedules I, II and III to

these regulations, which studies or assessments are to be

carried out annually<

(d) carry out studies, by the 31 st December, 2007

relating to the taking of finches and their keeping in captivity<

(e) decide on policies and conditions on the issuing of

new licences to take after the 31 st December, 2007<

(f) decide, where necessary, on quotas and numbers,

for the hunting and taking of certain species of birds, on the

basis of data contained in the carnets de chasse and other

studies<

(g) recommend to the Minister changes to the lists of

species of Schedules I, II and III to these regulations<

(h) establish policies relating to the enforcement of

these regulations<

(i) prepare reports related to any matter arising from

these regulations<

(j) establish policies relating to hunting and taking of

birds occurring in any area or areas, for health, safety, security

or other similar reasons<

(k) authorise the sale, exchange or trade in birds which

are protected under these regulations<

(1) approve plans for the management of reserves for

the hunting and taking of birds<

(m) establish policies relating to awareness

programmes associated with any matter concerning these

regulations<

(n) recommend to the Minister a list of birds which

shall require special protection.

(7) The Ornis Committee may, upon consensus,

delegate to the Director, any of such functions as are referred

to in paragraph (6) of this regulation.

(8) The Ornis Committee shall inform the Minister

about its deliberations and decisions and shall transmit to him

a copy of the minutes of its meetings.

2B. ( 1 ) There shall be a unit within the Malta

Environment and Planning Authority, to be styled the

Avifauna Section, which shall be charged with implementing

the decisions of the Ornis Committee.

(2) The Section shall act under the day to day control

and direction of the Director.

(3) The Director shall be responsible for the issuing of

licences under these regulations, so however that -

(a) the Commissioner of Police may, on grounds of

public policy and, or, of law and order, inform the Section

that an individual should not be issued with such licence< and

(b) no new licences to take shall be issued before the

st

31 December, 2007.

(4) The Director may not renew a licence unless and

until the permit of the previous year is handed over to the

Ornis Committee within ten working days from when the

organisation receives the permit concerned.

(5) The decisions of the Ornis Committee shall, without

prejudice to sub-paragraph (a) of paragraph (3) hereof and

of any other law, be binding on the Director and any other

person entrusted with the implementation of these regulations.

(6) Without prejudice to the provisions of sub

paragraphs (a) and (b) of paragraph (3) hereof, whosoever

feels aggrieved by the decision of the Director not to issue a

particular licence, may appeal to the Ornis Committee within

fifteen working days from the date when such decision is

communicated to the applicant.

(7) Such appeal shall be lodged with the Secretary of

the Committee in writing, who shall acknowledge such receipt

of the appeal in writing.

(8) In determining such appeal, the Ornis Committee

may regulate its own procedure and shall give an opportunity

to both the Director and the appellant to present their views

orally or in writing. For the purpose of such appeals the

Director shall not sit on the Ornis Committee. The decisions

of the Ornis Committee shall be final and conclusive.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 3 of the principal regulations shall be amended as Amends

regulation 3 of

follows>-

the principal

regulations.

(a)

paragraph (1) shall be substituted as follows>

“(1) The wild rabbit (oryctolagus cuniculus) and all

species of birds naturally occurring in the wild state in Malta

are protected>

Provided that the hunting and taking of wild rabbit and the birds

belonging to the species listed in Schedules I, II and III to these

regulations shall be in accordance with the provisions of these

regulations.”<

(b)

paragraph (2) shall be renumbered as paragraph (3)

thereof<

(c) immediately after paragraph (1), there shall be added

the following new paragraph (2)>-

“(2) (a) No person may hunt or attempt to hunt, take

or attempt to take, any birds which are protected under these

regulations, otherwise than in accordance with these

regulations and with the conditions of any licence granted

thereunder.

(b) In the case of birds, taking shall be carried out

without the intention to kill and shall not be carried out at sea

or involve hunting.”<

(d) immediately after paragraph (3) thereof, as renumbered

thereof, there shall be added the following new paragraph >-

“(4) Without prejudice to the provisions of any other

law no person shall hunt or attempt to hunt, take or attempt to

take by any means any birds referred to in Schedules I, II and

III to these regulations, and the wild rabbit, unless such person

is in possession of a valid licence as applicable, issued by the

Director, and such person satisfies all the conditions specified

in the licence and in any other law.

(5) Any person who applies for a licence may be asked

to sit for a practical examination to determine his knowledge

on the use and safe-carrying of fire-arms and his ability to

identify birds and his knowledge of regulations for the

protection of fauna.

(6) The Director shall ensure that before a licence is

granted or renewed under these regulations, the applicant shall

have complied with the conditions listed in Schedule VI to

these regulations.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

For regulation 4 to the principal regulations there shall be Substitutes

regulation 4 of

substituted the following>-

the principal

regulations.

“4. (1) No person may practise any activity for which

a licence is required under these regulations unless he has

effected the relative payments stipulated under these

regulations, and the relative licences have been issued in his

favour, in accordance with the conditions stipulated under

Schedule VI to these regulations.

(2) A permit cannot be renewed unless the person

licensed to hunt and, or to take, hands over the permit for the

previous year to the organization of which he is a member.

(3) The organisation shall within ten working days

from when the organisation receives such permit for the

previous year, hand over the permit to the Ornis Committee.”.

(4) No person can renew his licence to hunt and, or

take birds unless he faithfully lists in the appropriate part of

the carnet de chasse, the birds that he has hunted and or taken

each week, by Monday of the week following the week in

which the birds are hunted or taken.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

For regulation 7 of the principal regulations there shall be Substitutes

regulation 7 of

substituted the following>-

the principal

regulations.

“7. No person shall>

(a) carry a fire arm, in search for or pursuit , or hunt

or attempt to hunt any bird or wild rabbit, or

(b) take or attempt to take any bird,

unless he is carrying with him his identity card or any other

recognised means of identification and the proper licence for the

activity issued to him under these regulations or any other law>

Provided that where any such person is not carrying such

documents with him, he shall be freed of any liability arising from such

omission if within two days he produces to the police such documents

at the place indicated to him by them.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 9 of the principal regulations shall be amended as

follows>-

(a)

in paragraph (1) thereof -

(i) in the English text of sub-paragraphs (a) and (b)

thereof, for the words “shooting” and “shoot” wherever they

occur there shall be substituted the words “hunting” and “hunt”

respectively<

(ii) in sub-paragraph (c) thereof, the words “not at sea”

shall be deleted<

(iii) in sub-paragraph (d) thereof, the words “not at sea”

shall be deleted and, for the words “Schedules I and II” there

shall be substituted the words “Schedule II or III”<

(iv) in the English text of sub-paragraph (e) thereof

and in the proviso thereto, for the words “shooting” and

“shoot” wherever they occur there shall be substituted the

words “hunting” and “hunt” respectively, and in the same

proviso for the words “the Commissioner may issue a licence

to” there shall be substituted the words “a licence may be

issued to”<

(v) in sub-paragraph (f) thereof, for the words “for the

taking and shooting of birds at sea, shoot or attempt to shoot,

take or attempt to take, any bird, or carry,” there shall be

substituted the words “for the hunting of birds at sea, carry,”

and in the English text for the words “for game shooting”

there shall be substituted the words “for game hunting”<

(b) the provisions of paragraph (2) thereof shall be

renumbered in continuation with and added to paragraph (1) as

follows>-

(i) the provisions of the introductory paragraph of

paragraph (2) as deleted shall be re-numbered as sub-

paragraph (g) of paragraph (1), and for the words “taking and

shooting” therein, there shall be substituted the words

“hunting”<

(ii) the provisions of sub-paragraph (a) of paragraph

(2) as deleted shall be re-numbered as item (i) of sub-

paragraph (g) of paragraph (1), and in the English text for the

word “shoot” wherever this occurs there shall be substituted

the word “hunt” and the words “take or attempt to take, at

sea,” shall be deleted<

(iii) immediately after the provisions of item (i) of

sub-paragraph (g) as both re-numbered of paragraph (1), there

shall be inserted the following new item>-

“(ii) hunt or attempt to hunt at sea -

(aa) within, or less than, three kilometres from

the coastline, from a boat or any sea-craft, or

(bb) beyond three kilometres from the coast from

a boat or sea-craft which is being driven at more than 18

kilometres per hour<”<

(iv) the provisions of sub-paragraphs (c) to (g) of

paragraph (2) as deleted shall be respectively re-

numbered as items (iii) to (vii) of new sub-paragraph

(g) of paragraph (1), and –

(A) in the English text for the words “shooting”

and “shoot” wherever these occur there shall be

substituted the words “hunting” and “hunt” respectively<

(B) for the words “sub-paragraph (e)” in item

(vii) as renumbered there shall be substituted the words

“item (v)”<

(c) the provisions of paragraph (3) thereof shall be

renumbered in continuation with and added to paragraph (1) as

sub-paragraph (h) thereof, and in the English text for the word

“shoot” therein there shall be substituted the word “hunt”<

(d) the provisions of paragraphs (4) and (5) thereof shall be

renumbered as new paragraph (2) thereof as follows>-

(i) paragraph (4) shall be re-numbered as sub-

paragraph (a) to new paragraph (2) thereof, and in the first

proviso thereto for the words “this distance shall not” there

shall be substituted the words “this distance of 50 metres shall

not”< and

(ii) paragraph (5) shall be re-numbered as sub-

paragraph (b) to new paragraph (2) thereof, and in the English

text only for the word “shooting” therein there shall be

substituted the word “hunting”< and

(e)

paragraphs (6) and (7) thereof shall be deleted.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 10 of the principal regulations shall be amended

as follows>-

(a) the whole regulation shall be renumbered as paragraph

(1) thereof, and for the words “Commissioner and subject to” there

shall be substituted the words “ Director, subject to”< and

(b) immediately after paragraph (1) thereof as renumbered

there shall be added the following new paragraphs>-

“(2) Unless the Commissioner and, or the Director has

valid reasons to the contrary whosoever is included in the

register of persons who had a licence for the taking of birds

valid up to to the end of July 2002, shall have his licence for

the taking of birds renewed after such date.

(3) Every person who obtains a permit for the hunting

and the taking of birds under these regulations shall participate

in a census or any other study organised by the Ornis

Committee to answer to any question as part of the same

census or study.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 11 of the principal regulations shall be amended

as follows>-

(a)

paragraphs (1) and (2) thereof shall be deleted<

(b) paragraphs (3) and (4) thereof shall be renumbered as

paragraphs (1) and (2) thereof respectively< and

(c) immediately after paragraph (2) thereof as renumbered,

there shall be added the following new paragraph>-

“(3) The nets referred to in paragraphs(1) and (2) of

this regulation shall be operated solely by human intervention

without the use of electrical, electronic, or mechanical means,

and the largest size of each such net shall not in any case

exceed 13. 75 metres by 2. 75 metres, (45 feet by 9 feet).”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 12 of the principal regulations shall be amended Amends

regulation 12 of

as follows>-

the principal

regulations.

(a) in paragraph (1) thereof for the words “with the

Department” there shall be substituted the words “with the

Director” and for the words “paragraph (5) of regulation 17 of

these regulations. Whosoever is in possession of any species of

live protected birds shall report such possession to the department

within a period of one month from the publication of these

regulations, so that such birds may be released.”, shall be substituted

by the words “paragraph (6) of regulation 17 of these regulations.”.

(b) for paragraph (4) thereof, there shall be substituted the

following>-

“(4) No person shall, without authority from the

Director, given upon the recommendation of the Ornis

Committee, sell, offer for sale, exchange or otherwise in any

manner deal with, any bird which is protected under these

regulations.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 13 of the principal regulations shall be amended Amends

regulation 13 of

as follows>-

the principal

regulations.

(a)

in paragraph (1) thereof –

(i) in the English text for the word “shoot”, wherever

it occurs, there shall be substituted the word “hunt”< and

(ii) in paragraph (c) thereof, for the words “paragraphs

(2), (3), (4) of regulation 11 and in paragraph (1) of regulation

18” there shall be substituted the words “paragraph (1) and

(2) of regulation 11 and in paragraph (1) of regulation 18”<

(b) in paragraph (2) thereof, for the words “by subparagraphs

(c), (d), (e) and (f) of paragraph (1)” there shall be substituted the

words “by paragraph (1)”< and

(c)

paragraph (3) thereof shall be deleted.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

In regulations 14 and 15 of the principal regulations in the Amends

English text for the word “shoot” wherever it occurs there shall be regulations

15 of the principal

substituted the word “hunt”.

regulations.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 17 of the principal regulations shall be amended

as follows>-

(a) in paragraph (1) thereof, instead of the word

“Commissioner” there shall be substituted the words “ Director”<

(b) paragraph (5) thereof shall be deleted<

(c) paragraph (6) thereof shall be renumbered as paragraph

(5), and for the words “the Department within the time prescribed

in paragraph (5) of regulation 17 of these regulations” therein there

shall be substituted the words “the Section within the time

prescribed in paragraph (6) hereof”< and

(d) immediately after paragraph (5) as renumbered, there

shall be added the following new paragraphs>-

“(6) Any person who has in his possession any stuffed

bird or birds that were not registered before such date as the

Minister may prescribe, shall register an application with the

Director so that the Director may issue an official certificate

listing the stuffed birds in such person’s possession, and no

action shall be taken under these regulations or under any

other law, against persons who apply before such date.

(7) The application mentioned in paragraph (6) of this

regulation shall list the stuffed birds in such a way that the

Director may issue an official certificate listing the stuffed

birds in the applicant’s possession.

(8) The certificate shall only be issued after the

confirmation of the number and the identification by the

Director of the species of stuffed birds which are in the

applicant’s possession.

(9) No person may falsify any identification device

made by the Director, relating to any stuffed bird, for the

purposes of this regulation.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

In paragraph (2) of regulation 18 of the principal regulations,

in the English text only for the word “shooting” there shall be substituted

the word “hunting”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

In regulation 19 of the principal regulations, in the English Amends

regulation 19 of

text only for the word “shoot” there shall be substituted the word “hunt”. the principal

regulations.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 20 of the principal regulations shall be amended Amends

regulation 20 of

as follows>-

the principal

regulations.

(a) in paragraph paragraph (1) thereof, instead of the word

“Commissioner” there shall be substituted the word “ Director”<

(b) in paragraphs (3), (6) and (7) thereof, for the word

“Minister” where it occurs there shall be substituted the word

“Director”<

(c) in paragraph (4) thereof, for the words “in a nature

reserve” there shall be substituted the words “in a bird sanctuary”<

(d) paragraph (9) thereof shall be amended as follows>-

(i) sub-paragraph (a) thereof shall be deleted<

(ii) sub-paragraphs (b), (c) and (d) thereof shall be

renumbered as paragraphs (a), (b) and (c) respectively<

(iii)

in sub-paragraph (c) as renumbered, for the

words “shooting or trapping licence” there shall be substituted

the words “licence to hunt and, or, to take”.

(e) immediately after sub paragraph (9), a new paragraph (10)

shall be added as follows>

“Nothwithstanding subparagraph (b) of paragraph (1)

of Regulation 13, any person who holds a licence of a

birdringer, may make use of pre-recorded bird calls, when

practising bird ringing.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 21 of the principal regulations shall be amended Amends

regulation 21 of

as follows>-

the principal

regulations.

(a)

in the English text only for the word “shoot” wherever

it occurs there shall be substituted the word “hunt” and for the

words “nature reserve ” wherever it occurs there shall be substituted

the words “bird sanctuary”< and

(b) in the proviso thereto, for the words “any shooter or

trapper who,” there shall be substituted the words “any person

licensed to hunt or to take, who,” and for the words “nature reserve”

there shall be substituted the words “bird sanctuary”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 22 of the principal regulations shall be amended

as follows>-

(a) instead of the word “Commissioner” wherever it occurs

there shall be substituted the word “ Director”< and instead of the

words “nature reserve” there shall be substituted the words “bird

sanctuary”.

(b) in paragraph (2) thereof, for the words “in paragraph

(4)” there shall be substituted the words “in sub-paragraph (a) of

paragraph paragraph (2)”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

In regulation 24 of the principal regulations for the words

“shoot at” in the English text there shall be substituted the words “hunt”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Regulation 25 of the principal regulations shall be amended

as follows>-

(a)

in paragraph (2) thereof –

(i) for the words “against these regulations” there shall

be substituted the words “against regulation 9 (1) (g) (ii) (aa),

regulation 14 or regulation 21(1) of these regulations”<

(ii) in paragraph (a) thereof, for the words “but not

exceeding five hundred liri (Lm500)” there shall be substituted

the words “but not exceeding one thousand liri (Lm1,000)

and the confiscation of the corpus delicti. The Court may

also order the suspension of the licence or permit for a period

of not less than one year<”<

(iii) in paragraph (b) thereof, for the words “but not

exceeding one thousand liri (Lm1,000)” there shall be

substituted the words “but not exceeding two thousand liri

(Lm2,000)”, and immediately after the words “fine and

imprisonment” there shall be added the words, “as well as

the confiscation of the corpus delicti. The Court may also

order the suspension of the licence or permit for a period of

not less than one year but not exceeding three years.”<

(b) paragraph (3) thereof shall be substituted by the

following>

“(3) Any person who commits an offence against any

other regulation not mentioned in paragraph (2) of this

regulation, shall be liable>

(a) on a first conviction, to a fine (multa) of not

less than fifty liri (Lm50) but not exceeding five hundred

liri (Lm500)<

(b) on a second or subsequent conviction, to a fine

(multa) of not less than one hundred liri (Lm100) but

not exceeding one thousand liri (Lm1,000). The Court

may also order the confiscation of the corpus delicti and,

or the suspension of the licence or permit for a period of

not less than one year but not exceeding three years>

Provided that any person who commits an offence against any other

regulation not mentioned in paragraph (2) of this regulation, which

offence involves any bird included in the list referred to in sub-paragraph

(n) of paragraph (6) of regulation 2B, shall be liable to a punishment

according to paragraph (2) of this Regulation.”.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

For Schedules I, II, III and IV of the principal regulations Substitutes

there shall be substituted Schedules I to VI contained in the Schedule to Schedules

IV to the Principal

these regulations.

Regulations.

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

Until such time as paragraph (3) of regulation 2B shall come Transitory

into force, the Commissioner of Police shall be responsible for issuing provision.

and renewing licences under these regulations and to implement the

decisions of the Ornis Committee in that regard and any reference in

these regulations to the powers and duties of the Director in connection

with the issue and renewal of licences under these regulations shall rest

in the Commissioner of Police.

Repeals G.N. 31

The following regulations are being repealed>-

Malta Government Gazette — Legal Notice 2003 41 — 41 tal-2003 - Regolamenti tal-2003 li jemendaw ir-Regolamenti dwar il-Ħarsien ta’ l-Għasafar u tal-Fenek Selvaġġ

of 1911 and

L.N. 144 and 145

of 1993.

(a) Regulations of 1911 for Preventing the Destruction of

Birds, published by Government Notice 31 of 1911<

(b) Birds and Wild Rabbit (Declaration of Protected Species

and Nature Reserves) Regulations, 1993, published by Legal Notice

144 of 1993<

(c) Hunting Licences Regulations, 1993, published by Legal

Notice 145 of 1993.

SCHEDULE IV

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