255 tal-2013 - Regolamenti tal-2013 dwar il-Konservazzjoni tal-Għasafar Selvaġġi (Qafas sabiex Tiġi Permessa Deroga għall-Kontrolltal-Għasafar fl-Interess tas-Sigurtà tal-Ajru)

L.N. 255 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Framework for Allowing a

Derogation for the Control of Birds in the Interest

of Air-Safety) Regulations, 2013

BY VIRTUE of the powers conferred by articles 61, 66 and 84

of the Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change has

made the following regulations:-

(1)

The title of these regulations is the Conservation of Citation and

Wild Birds (Framework for Allowing a Derogation for the Control of purpse.

Birds in the Interest of Air-Safety) Regulations, 2013, and these

regulations shall be read and construed as one with the Conservation S.L. 504.71

of Wild Birds Regulations, which shall hereinafter be referred to as

the "Wild Birds Regulations".

(2) The purpose of these regulations is to establish a

framework for allowing a derogation for the control of birds in the

interest of air safety, in terms of regulation 9(1)(b) of the Wild Birds

Regulations.

Terms and expressions used in these regulations, unless the Interpretation

context otherwise requires, shall have the same meaning as given in

the Wild Birds Regulations.

For the purposes of the second proviso of regulation 10(6) Declaration of

of the Wild Birds Regulations and for the purposes of these control period.

regulations, the period for the control of birds in the interest of air

safety shall be a maximum of twelve calendar months of the year for

which the Minister may decide to allow the control of birds in the

interest of air safety by means of a Notice declaring a derogation

Provided that when allowing the control of birds in the

interest of air safety, the Minister shall determine that there is no

other satisfactory solution in terms of Article 9(1) of Directive 2009/

147/EC of the European Parliament and of the Council of 30

November 2009 on the conservation of wild birds, to adequately

disperse bird flocks from within the perimeter of the area indicated as

item (9) of Schedule V of the Wild Birds Regulations

Provided further that the Minister shall establish the

relevant bird species to be subject to control measures in the interest

of air safety.

(1)

The control of birds shall be prohibited except

within the perimeter of the area indicated as item (9) of Schedule V of

the Wild Birds Regulations, and by virtue of an Air Safety Bird

Control licence issued in accordance with these regulations.

(2) An Air Safety Bird Control licence shall only be issued in

the interest of air-safety.

(3) For the purposes of these regulations, the Air Safety Bird

Control licence shall be valid for a maximum of one year.

(1)

Every Air Safety Bird Control licence shall

(a)

indicate the period when the control of birds may

occur;

(b)

provide that the control of birds other than for the

species mentioned in the licence shall be prohibited;

(c)

require the licensee to carry on his person the Air

Safety Bird Control licence and any other necessary permits

whilst carrying out any bird control activity;

(d)

specify that bird control activities shall only take

place if the Director deems that the number of birds present on

the airport runway and, or on the aircraft movement areas poses

an air-safety hazard;

(e)

provide that methods of dispersal, such as the use

of distress calls, bio-acoustics or the firing of blanks shall be

implemented prior to resorting to the culling of birds, which

culling may only be authorised once all other practical non-

lethal means of bird control have been exhausted;

(f)

provide that only fire-arms having a magazine

capable of holding not more than two shots shall be allowed for

culling and that the cartridges to be used are to be loaded with

lead shots with a diameter of less than 3.3mm. Moreover, the

use of the banned methods listed in regulation 7 of the Wild

Birds Regulations shall also be prohibited;

(g)

require that the licensee holds a valid licence

issued under the terms of the Wild Birds Regulations;

(h)

require that prior to the carrying out of a bird

control operation, the licensee is to immediately inform the

Director of his intention by means of an e-mail to the address

indicated by the Director;

(i)

provide that the Air Safety Bird Control licence

and any other hunting licence or permit of the licensee shall not

be issued to anyone convicted of an offence against Wild Birds

Regulations and shall be immediately revoked and be without

any effect should it transpire at any point in time that the

licensee is, or has been, convicted of an offence against

regulation 27 of the Wild Birds Regulations;

(j)

require that culled birds are not to be left on site but

shall be collected and disposed of as indicated by the Director;

(k)

require that any ring recoveries shall be reported by

the licensee concerned to the Director as soon as possible; and

(l)

require the licensee to submit a report to the

Director on the activities undertaken within one month from the

expiry of the Air-Safety Bird Control licence.

(2) Should the Director find the licensee in breach of any of

the licence conditions, the licence may be immediately revoked.

(1)

The Police shall carry out on-the-spot checks to Police checks.

ensure that all the conditions of the Air-Safety Bird Control licence

and the provisions of the relevant regulations are being observed and

in particular shall

(a)

ensure that a person is in possession of an Air

Safety Bird Control licence whilst carrying out an activity

involving the control of birds in the interest of air safety;

(b)

ensure that only the species specified in the licence

have been, and are being, controlled.

(2) Should any police officer, in the course of a spot check in

accordance with this regulation, find sufficient cause for proceedings

to be taken against any person under these regulations or other

relevant regulations, that officer shall forthwith seize from the

possession of that person any firearm and ammunition, the Air Safety

Bird Control licence and any other licence or permit issued under

Wild Birds Regulations, and any bird found in possession of that

person in violation of these regulations or other applicable regulations

or in violation of the conditions of any licence or permit.

(3) In pursuance of their duties under sub-regulation (1), the

Police may be assisted by officials appointed by the Director for this

purpose.

Offences under these Regulations shall be liable to

penalties stipulated in article 27 of the Wild Birds Regulations.

The provisions and conditions laid down in these

regulations shall be without prejudice to the Wild Birds Regulations

to the extent that the latter are not inconsistent with these regulations

in which case, and to the extent of the inconsistency, these regulations

shall prevail.

€0.36