39 tal-2007 - Regolamenti tal-2007 li jemendaw ir-Regolamenti dwar il- Konservazzjoni tal-Għasafar Selvaġġi

ENVIRONMENT PROTECTION ACT

(CAP. 435)

CODE OF POLICE LAWS

(CAP. 10)

Conservation of Wild Birds (Amendment) Regulations, 2007

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

Environment Protection Act, and article 214 of the Code of Police

Laws, the Minister for Rural Affairs and the Environment has made

the following regulations:-

The title of these regulations is the Conservation of Wild Citation.

Birds (Amendment) Regulations, 2007 and they shall be read and L.N. 79 of 2006.

construed as one with the Conservation of Wild Birds Regulations,

2006, hereinafter referred to as "the principal regulations."

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

the principal

regulations.

(a)

for the definition "carnet de chasse" there shall be

substituted the following

" "carnet de chasse" means a permit issued in

accordance with the criteria shown in Schedule IV, which

permit also includes an annual census of birds hunted and,

or taken from the wild in accordance with the provisions of

these regulations;";

(b)

for the definition "close ringed" there shall be

substituted the following

" "closed ring" means a full-circle ring without any

cut or interruption therein and which cannot be placed on a

bird’s foot other than when such bird is of a very tender

age, such ring being approved by the Director;";

(c)

for the definition "finches" there shall be

substituted the following

" "fringillidae" means birds belonging to the

following species

Fringilla coelebs (chaffinch), Serinus serinus

(serin), Carduelis chloris (greenfinch), Carduelis

carduelis (goldfinch), Carduelis cannabina (linnet),

(siskin),

Carduelis

spinus

Coccothraustes

coccothraustes (hawfinch);";

(d)

for the definition "lead shot" there shall be

substituted the following definition

" "lead shot" means projectiles made from lead,

bismuth, tungsten or steel, or any other alloy or material,

of whatever make and size, contained in a cartridge,

excluding the gun powder and wad;"; and

(e)

for the definition "open season" there shall be

substituted the following definition

" "open season" means, in respect of hunting and

taking of birds, those periods as established by the

Minister pursuant to regulation (10)6 during which hunting

and taking shall be allowed;".

Regulation 3 of the principal regulations shall be amended

(a)

in the Maltese version of subregulations (1) and

(2)(b) and (d) thereof for the words "abitat tag]hom" there shall

be substituted the words "ambjent naturali tag]hom"; and

(b)

in subregulation (5) thereof for the word

"demarcating" there shall be substituted the word "delineating".

Regulation 4 of the principal regulations shall be amended

(a)

the present regulation shall be renumbered as

subregulation (1) thereof; and

(b)

immediately after subregulation (1) as renumbered

there shall be added the following new subregulation:-

"(2) Whosoever intends to transfer or otherwise

dispose of any bird referred to in subregulation (1)(e) shall

do so upon request being made to the Director who shall,

in his discretion, authorize in writing such alienation or

disposal.".

Immediately after subregulation (2) of regulation 5 of the

principal regulations there shall be added the following new

No person shall

(a) hunt on land any bird other than those listed

in Part A of Schedule II; or

(b) hunt at sea any bird other than those listed in

Part B of Schedule II.".

In paragraph (c) of subregulation (1) of regulation 7 of the Amends

principal regulations, the word "including" shall be substituted with regulation

the principal

the word "comprising".

regulations.

Regulation 10 of the principal regulations shall be Amends

regulation 10 of

amended as follows:-

the principal

regulations.

(a)

in the Maltese text of subregulation (3) thereof -

(i)

paragraph (c) shall be substituted by the

following

"(`) L-organizazzjonijiet

imsemmija

fil-

paragrafi (d) u (e) g]andu jkollhom vot kull

wie]ed;";

(ii) paragraph (d) shall be substituted by the

following:-

"(d) Il-membri l-o]ra tal-Kumitat m’g]andu

jkollhom ebda vot;";

(iii) paragraph (e) shall be substituted by the

following:-

"(e) Il-Ministru g]andu ja]tar persuna biex

ta[ixxi b]ala Segretarju tal-Kumitat.";

(b)

in subregulation (6) thereof –

(i) in paragraphs (a) and (b) thereof the word

"six" shall be substituted with the word "four";

(ii) in the present proviso to the whole

subregulation, after the word "Provided" there shall be

added the word "further", and immediately before the

present proviso there shall be added the following new

proviso:-

"Provided that the Director may, as necessary,

make a reference to the Ornis Committee in relation

to its functions listed in the paragraphs hereof for its

consideration. The Ornis Committee shall conclude

its deliberations on such reference and make

recommendations to the Director or the Minister as

required within twenty-one days of the referral to the

Committee by the Director.".

In subregulation (1) of regulation 14 of the principal

regulations, for the word "game" there shall be substituted the word

"birds".

In regulation 15 of the principal regulations for the words

"pursuit of game" there shall be substituted the words "pursuit of

birds".

Regulation 16 of the principal regulations shall be

amended as follows

(a)

in paragraph (a), the words ", in search for or

pursuit," shall be deleted;

(b)

in paragraph (b), the words "as permitted in

accordance with these regulations" shall be deleted; and

(c)

in the Maltese version of paragraph (b) thereof, the

words "kemm-il darba ma jkollhiex fuqha l-karta ta' l-identità

tag]ha jew xi mezz ie]or rikonoxxut ta' identifikazzjoni u l-

li`enza adatta g]al dik l-attività ma]ru[a lilu ta]t dawn ir-

regolamenti jew ta]t xi li[i o]ra:" are to be removed from the

said paragraph (b) and placed as a separate paragraph

immediately after the said paragraph (b).

Regulation 18 of the principal regulations shall be

amended as follows

(a)

in paragraph (e) of subregulation (1) thereof, for

the words "game hunting", there shall be substituted "taking

birds";

(b)

in subparagraph (i) of paragraph (f) of

subregulation (1) thereof for the words "Schedule II", there shall

be substituted the words "Part B of Schedule II";

(c)

in subparagraph (vi) of paragraph (f) of

subregulation (1) thereof for the words "Schedule II" there shall

be substituted the words "Part B of Schedule II "; and

(d)

in paragraph (a) of subregulation (2) thereof,

immediately after the words "inhabited area" there shall be

added the words "or any of the beaches listed in Schedule VII,".

In the Maltese text of subregulation (1) of regulation 19 of Amends

the principal regulations, for the words "persuna," there shall be regulation

the principal

substituted the word "persuna" and for the words "qabel inżul" there regulations.

shall be substituted the words "wara nżul".

In regulation 22 of the principal regulations, for the words Amends

regulation 22 of

"than 3.2mm" there shall be substituted the words "than 3.3mm".

the principal

regulations.

Regulation 27 of the principal regulations shall be Amends

regulation 27 of

amended as follows

the principal

regulations.

(a)

sub-paragraph (d) of subregulation (1) shall be

substituted by the following:-

"(d) who conspires or attempts, or aids, abets,

counsels or procures any other person to contravene the

provisions of these regulations or to fail to comply with

any such provisions (including any order lawfully given in

terms of any provision of these regulations) or to

contravene any restriction, prohibition or requirement

imposed by or under these regulations;";

(b)

immediately at the end of sub-paragraph (d) of

subregulation (1) there shall be added the words in a new

paragraph "shall be guilty of an offence against these

regulations.";

(c)

subregulation (2) shall be substituted by the

following:-

"(2) Any person who commits an offence against

regulations 4(b), 15, 18 (1)(f)(ii)(aa), and 24 shall be

liable

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

less than one hundred liri (Lm100) but not exceeding

two thousand liri (Lm2,000) and the confiscation of

the corpus delicti;

The Court shall also order the suspension of any

licence or permit, issued under these regulations and

under Part XV of the Code of Police Laws, for a

period of not less than one year but not exceeding

three years;

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

fine (multa) of not less than two hundred liri

(Lm200) but not exceeding four thousand liri

(Lm4,000) or to imprisonment for a term of not less

than two months but not exceeding two years, or to

both such fine and imprisonment and also the

confiscation of the corpus delicti.

The Court shall also order the permanent

revocation of any licence or permit, issued under

these regulations and under Part XV of the Code of

Police Laws

Provided that any person who commits an

offence against any other regulation not mentioned in

this subregulation, which offence involves any bird

included in Schedule I, or hunts or attempts to hunt,

takes or attempts to take birds in the beaches listed in

Schedule VII, shall be liable to a punishment

according the provisions of this subregulation."; and

(d)

subregulation (3) shall be substituted by the

following:-

"(3) Any person who commits an offence against

any other regulation not mentioned in subregulation (2)

and its proviso respectively, shall be liable

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

less than hundred Liri (Lm100) but not exceeding

one thousand liri (Lm1,000);

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

fine (multa) of not less than two hundred liri

(Lm200) but not exceeding two thousand liri

(Lm2,000) or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment as well as the confiscation of the

corpus delicti

Provided that the Court may also order the

suspension of the licence or permit issued under

these regulations and Part XV of the Code of Police

Laws for a period of not less than one year but not

exceeding three years

Provided further that any person who hunts or

attempts to hunt or takes or attempts to take birds

without a valid licence shall be liable to the

punishments contemplated under subregulation

(2)(b) and where such licence has been permanently

revoked in terms of subregulation (2)(b), upon

conviction, shall be liable to a fine (multa) of not less

that three thousand liri (Lm3,000) but not exceeding

six thousand liri (Lm6,000) and to imprisonment for

a term of not less than one year but not exceeding

two years.".

Regulation 29 of the principal regulations shall be Amends

regulation 29 of

amended as follows

the principal

regulations.

(a)

the first proviso shall be deleted; and

(b)

in the second proviso the word "further" shall be

For the words "SCHEDULE I" in Schedule I to the Amends

Schedule I to

principal regulations, there shall be substituted the following:-

the principal

regulations.

"SCHEDULE I

Bird Species subject of special conservation measures

concerning their habitat".

For Schedule II to the principal regulations there shall be Substitutes

Schedule II to

substituted the following:-

the principal

regulations.

"SCHEDULE II

PART A

Birds that may be hunted or taken on land

GALLIFORMES

Phasianidae

Coturnix coturnix

GRUIFORMES

Rallus aquaticus

Gallinula chloropus

Fulica atra

CHARADRIIFORMES

Charadriidae

Pluvialis apricaria

Pluvialis squatarola

Vanellus vanellus

Scolopacidae

Philomachus pugnax

Lymnocryptes minimus

Gallinago gallinago

Scolopax rusticola

COLUMBIFORMES

Columbidae

Columba palumbus

Streptopelia turtur

PASSERIFORMES

Aluadidae

Alauda arvensis

Turdidae

Turdus merula

Turdus pilaris

Turdus philomelos

Turdus iliacus

Turdus viscivorus

Sturnidae

Sturnus vulgaris.

PART B

Birds that may be hunted at sea

ANSERIFORMES

Anser fabalis

Anser anser

Anas penelope

Anas strepera

Anas crecca

Anas platyrhynchos

Anas acuta

Anas querquedula

Anas clypeata

Aythya ferina

Aythya fuligula

Mergus serrator".

Schedule III to the principal regulations shall be amended Amends

Schedule III to

the principal

regulations.

(a)

immediately after the words Schedule III(a) there

shall be added the following

"Bird Species for which the activities referred to in

regulation 6(1) are permitted"; and

(b)

immediately after the words Schedule III (b) there

shall be added the following: -

"Bird Species for which the activities referred to in

regulation 6(1) are to be regulated”.

For Schedule IV to the principal regulations there shall be Substitutes

Schedule IV to

substituted the following:-

the principal

regulations.

"SCHEDULE IV

Carnet de Chasse

1. The Carnet de Chasse is a document that shall be entitled Carnet

de Chasse and will be specifically indicating the year in which it

2. The Carnet de Chasse will be issued each year.

3. The Carnet de Chasse shall contain the list of all bird species that

may be hunted and, or taken.

4. The Carnet de Chasse shall contain the weeks and months, of

that year for which the Carnet de Chasse has been issued, within

which the persons licensed to hunt and, or to take birds have

hunted and, or taken the birds specified within the list of species

that may be hunted and, or taken.

5. The person licensed to hunt birds is to indicate, on the Carnet de

Chasse, the total amount of birds hunted and, or taken within

each week of every month in which hunting and, or taking is

allowed and also the total of birds hunted and, or taken for the

whole of that year.

6. Each person licensed to hunt and, or to take birds is to indicate on

the Carnet de Chasse whether he hunts from land or at sea.

7. Each person licensed to hunt and, or to take birds is also to

indicate appropriately in the eventuality that such person licensed

to hunt and, or to take birds has not hunted and, or taken any bird

throughout the specific year indicated on the Carnet de Chasse.

8. Each person licensed to hunt and, or to take birds is to note his

full name and surname, together with the address of his residence

and the identity card number on the same Carnet de Chasse for

reference purposes.".

For Schedule VII to the principal regulations there shall be

substituted the following:-

"SCHEDULE VII

Beaches protected under Regulation 18(2)(a)

1. All beaches and other swimming areas that fall within 200 metres

from any town or village, or other inhabited area, or within a

distance of 50 metres from main or arterial roads.

2. Without prejudice to the above, within the delineation of the

following beaches and up to 50 metres outwards from the

delineation lines as per site plans attached

Malta

a.

Armier bay, as per site plan attached hereto;

b.

Anchor bay, as per site plan attached hereto;

G]ajn Tuffie]a bay, as per site plan attached hereto;

Paradise bay, as per site plan attached hereto;

{nejna bay, as per site plan attached hereto;

Golden bay, as per site plan attached hereto.

Gozo

M[arr ix-Xini bay; as per site plan attached hereto;

Ramla l-}amra beach; as per site plan attached hereto;

San Blas bay, as per site plan attached hereto;

Xatt l-a]mar beach, as per site plan attached hereto;

Xlendi bay, as per site plan attached hereto.

”