280 tal-2007 - Regolamenti tal-2007 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar Selvaġġi (Emenda Nru. 2)

L.N. 280 of 2007

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Conservation of Wild Birds (Amendment) (No. 2)

Regulations, 2007

BY VIRTUE of the powers conferred by articles 9 and 10 of the

Environment Protection Act, the Minister for Rural Affairs and the

Environment has made the following regulations>-

The title of these regulations is the Conservation of Wild Birds

(Amendment) (No. 2) Regulations, 2007 and they shall be read and

construed as one with the Conservation of Wild Birds Regulations, 2006,

hereinafter referred to as “the principal regulations.”

Immediately after the definition of “closed season” in

regulation 2 of the principal regulations, there shall be inserted the

following definition>

“ “import or export” means import and export from and to

countries outside the customs territory of the European

Community<”

Sub-regulation (1) of regulation 4 of the principal regulations

shall be amended as follows>-

(a) in paragraph (e) thereof, immediately after the words

“with these regulations” there shall be inserted the words “unless

such bird has been declared and registered with the Competent

Authority by the 31st May 2003 and such person has been given

the permits, or certificates by the Competent Authority to keep

such bird”< and

(b) immediately after paragraph (e) thereof there shall be

inserted a new sub-paragraph (f)>-

“(f) keep any bird, whether alive or dead, or part of any

bird not mentioned in Schedule II or Schedule III to these

regulations, unless such bird was taken in another Member

State where it may be lawfully hunted or captured under the

terms of Council Directive 79#409#EEC on the Conservation

of Wild Birds and under the legislation of that other Member

State and such bird has been brought into Malta after the 1st

May, 2004>

Provided that such person shall retain in his possession

and for such time as he remains in possession of the specimen

as provided for in paragraphs (e) and (f) of this sub-regulation

all permits, certificates and any other documents that prove to

the satisfaction of the Competent Authority that such specimen

was not obtained in contravention of these regulations.”.

Regulation 6 of the principal regulations shall be amended as Amends regulation

6 of the principal

follows>-

regulations.

(a) in the first proviso to sub-regulation (1) thereto,

immediately after the words “Schedule III(a) to these regulations”

there shall be inserted the words “or as provided for in paragraph

(f) of subregulation (1) of regulation 4 hereof,”

(b) sub-regulation (3) thereof, shall be renumbered as sub-

regulation (4)< and

(c) immediately after sub-regulation (2) of regulation there

shall be inserted a new sub-regulation (3)>-

“(3) Whosoever is in possession of any bird, whether

alive or dead, or part of any bird, pursuant to sub-regulation

(1) hereof shall retain in his possession and for such time as

he remains in possession of the specimen, as applicable, all

permits, certificates and any other documents that prove to

the satisfaction of the Competent Authority that such specimen

were not obtained in contravention of these regulations.”.

In the second proviso to sub-regulation (1) of regulation 8 of Amends regulation

8 of the principal

the principal regulations for the words “13.75 meters by 2.75 meters regulations.

(45 feet by 9 feet)” there shall be substituted the words “37.81 square

meters (405 square feet)”.

In the proviso to paragraph (t) of sub-regulation (6) of Amends regulation

10 of the principal

regulation 10 of the principal regulations, the word “legal” shall be regulations.

In the Maltese text of sub-regulation (1) of regulation 19 of Amends regulation

19 of the principal

the principal regulations, for the words “sag[tejn qabel in]ul ix-xemx” regulations.

there shall be substituted the words “sag[tejn wara n]ul ix-xemx”.

Amends Schedule II

In Schedule II Part A of the principal regulations, immediately

before the order “GALLIFORMES” there shall be inserted the following

principal regulations

order>-

“ANSERIFORMES

Anatidae

Anser fabalis

Anser anser

Anas penelope

Anas strepera

Anas crecca

Anas platyrhynchos

Anas acuta

Anas querquedula

Anas clypeata

Aythya ferina

Aythya fuligula

Mergus serrator”.