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341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

18 Articles / Provisions · Malta
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Table of Provisions (18)

Statutory Text (18 Articles)

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

L.N. 341 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Amendment) Regulations, 2013

BY VIRTUE of the powers conferred by article 61(1) and (2)

and article 62(1) and (2) of the Environment and Development

Planning Act, the Minister for Sustainable Development, the

Environment and Climate Change has made the following

regulations:-

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

The title of these regulations is the Conservation of Wild

Birds (Amendment) Regulations, 2013, and these regulations shall be

read and construed as one with the Conservation of Wild Birds

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

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

In the principal regulations, for the words "closed season",

wherever they occur, there shall be substituted the words "close

season".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Regulation 2 of the principal regulations shall be amended

as follows

(a)

in the definition "captive bred" for the words

"where the Director is satisfied", there shall be substituted the

words "where the Wild Birds Regulation Unit is satisfied";

(b)

in the definition "closed ring" for the words

"approved by the Director", there shall be substituted the words

"approved by the Wild Birds Regulation Unit";

(c)

the definition "the Director" shall be deleted;

(d)

for the definition "inhabited area" there shall be

substituted the following definition

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

an aggregation of houses that are inhabited or capable of

being inhabited by more than one hundred persons;";

(e)

in the definition "organization representing persons

knowledgeable in, or working for, the protection of avifauna",

for the words "which has an observer status within the European

Union Ornis Committee, that has more than two thousand paid-

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

once biennially", there shall be substituted the words "which has

an observer status within the European Union Ornis Committee,

and which is enrolled with the Commissioner of Voluntary

Organisations under the Voluntary Organisations Act, and that

has more than two thousand paid-up members, a statute, a

committee which is elected at least once every three years";

(f)

in the definition "organization representing persons

licensed to hunt and, or take", for the words "which has an

observer status within the European Union Ornis Committee,

that has more than three thousand paid-up members, a statute, a

committee which is elected at least once biennially", there shall

be substituted the words "which has an observer status within

the European Union Ornis Committee, and which is enrolled

with the Commissioner of Voluntary Organisations under the

Voluntary Organisations Act, and that has more than two

thousand paid-up members, a statute, a committee which is

elected at least once every three years";

(g)

the definition "Section" shall be deleted; and

(h)

immediately after the definition " "to take" and

"taking" " there shall be added the following new definition

" "Wild Birds Regulation Unit" shall mean the

Wild Birds Regulation Unit established within the Ministry

responsible for the environment.".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

In sub-regulation (2) of regulation 4 of the principal Amends

regulations, for the words "the Director who shall, in his discretion" regulation

the principal

there shall be substituted the words "the Wild Birds Regulation Unit regulations.

which shall, in its discretion".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

In sub-regulation (2) of regulation 8 of the principal Amends

regulations, for the words "by the Avifauna Section within the Malta regulation

the principal

Environment and Planning Authority" there shall be substituted the regulations.

words "by the Wild Birds Regulation Unit".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

In sub-regulation (4) of regulation 9 of the principal Amends

regulations, for the words "the Avifauna Section" there shall be regulation

the principal

substituted the words "the Wild Birds Regulation Unit".

regulations.

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Regulation 10 of the principal regulations shall be Amends

regulation 10 of

amended as follows

the principal

regulations.

(a)

paragraph (b) of sub-regulation (2) thereof shall be

substituted by the following

"(b) the Director, or his representative, of the

Environment Protection Directorate within the Malta

Environment and Planning Authority or his successor in

title;";

(b)

in sub-regulation (4) thereof, for the words "both

the Director and" there shall be substituted the words "with";

(c)

in the first proviso immediately following

paragraph (t) of sub-regulation (6) thereof, for the words "the

Director may, as necessary, make a reference to the Ornis

Committee in relation to its functions", there shall be substituted

the words "the Wild Birds Regulation Unit may, as necessary,

make a reference to the Ornis Committee in relation to its

functions"; and

(d)

in sub-regulation (7) thereof, for the words

"delegate to the Director", there shall be substituted the words

"delegate to the Wild Birds Regulation Unit"; and in the proviso

to the said sub-regulation (7) thereof, for the words "the

Director shall act", there shall be substituted the words "the

Wild Birds Regulation Unit shall act".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Regulation 11 of the principal regulations shall be

substituted by the following new regulation

" Wild Birds

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

(1)

The Wild Birds Regulation

Regulation Unit.

Unit shall be established by the Minister and

shall be charged with implementing the

decisions of the Ornis Committee. The Wild

Birds Regulation Unit shall also act as

Secretariat to the Committee established

under regulation 10 and shall assist this

Committee in the performance and in the

carrying out of its functions

Provided that in exercising any of

its functions under these regulations, the Wild

Birds Regulation Unit shall act in accordance

with the provisions of these regulations.

(2) The Wild Birds Regulation Unit

shall be responsible for the issuing of licences

under these regulations, so however that the

Commissioner may, on grounds of public

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

Wild Birds Regulation Unit that an individual

should not be issued with such licence.

(3) The Wild Birds Regulation Unit

may not renew a licence unless and until the

permit of the previous year is handed over to

the Wild Birds Regulation Unit and all

relevant payments, including any arrears and

payments of any administrative penalties

imposed, have been paid. Each permit shall be

handed over to the Unit within ten days from

the end of the previous season.

(4) Without prejudice to the provisions

of sub-regulation (3), whosoever feels

aggrieved by the decision of the Wild Birds

Regulation Unit 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.

(5) Such appeal shall be lodged with

the Secretary of the Committee in writing,

who shall acknowledge such receipt of the

appeal within fifteen days of its receipt in

writing.

(6) In determining such appeal, the

Ornis Committee may regulate its own

procedure and shall give an opportunity to

both the Wild Birds Regulation Unit and the

appellant to present their views orally or in

writing. The decisions of the Ornis

Committee shall be final and conclusive.

(7) The decision taken by the Ornis

Committee as provided for in sub-regulation

(6) shall, without prejudice to sub-regulation

(2) or of any other law, be binding on the Wild

Birds Regulation Unit and any other person

entrusted with the implementation of these

regulations.".

9. Regulation 12 of the principal regulations shall be Amends

regulation 12 of

amended as follows

the principal

regulations.

(a)

in sub-regulation (1) thereof for the words "the

Director", there shall be substituted the words "the Wild Birds

Regulation Unit";

(b)

in sub-regulation (3) thereof, for the words from

"Unless the Commissioner" to the words "renewed after such

date:", there shall be substituted the words "Unless the

Commissioner and, or the Wild Birds Regulation Unit has valid

reasons to the contrary, and subject to the provisions of

regulation 8, whosoever is included in the register of persons

who had a licence for the taking of birds valid up to the end of

July 2002, shall have his licence for the taking of birds renewed

after such date

(c)

in sub-regulation (4) thereof for the words "The

Director shall ensure", there shall be substituted the words "The

Wild Birds Regulation Unit shall ensure";

(d)

sub-regulation (5) thereof shall be amended as

follows

(i) in paragraph (a) thereof for the words "to the

organization of persons licensed to hunt and, or take birds

of which he is a member within one week", there shall be

substituted the words "to the Wild Birds Regulation Unit

within ten days"; and

(ii) in paragraph (b) thereof for the words "and

shall be valid for one year expiring on the last day of

February of the following year", there shall be substituted

the words "and shall be valid for the period prescribed in

Schedule IV";

(e)

sub-regulation (6) thereof shall be substituted by

the following

"(6) Every person who obtains a permit for the

hunting or the taking of birds under these regulations shall

accordingly fill in the carnet de chasse immediately upon

the hunting or taking of a bird. Moreover, such person shall

participate in the census or any other study organized by

the Ornis Committee and answer any question as part of

the same census or study.".

10. Regulation 13 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) No person shall hunt and, or take, birds unless

he has effected the relative payments stipulated under these

regulations, including any payments due as prescribed by

Schedule VIII and the relative licences have been issued in

his favour, in accordance with the conditions stipulated

under Schedule VI.";

(b)

sub-regulation (2) thereof shall be substituted by

the following new sub-regulation

"(2) Subject to the provisions of these regulations,

a licence to hunt and, or to take birds, cannot be renewed

unless the person licenced to hunt and, or to take birds, has

faithfully listed, in the appropriate part of the carnet de

chasse, the birds that he has hunted and, or taken on every

occasion and all the information that such person is

required to submit in his carnet de chasse in accordance

with Schedule IV.";

(c)

sub-regulation (3) thereof shall be substituted by

the following new sub-regulation

"(3) A permit shall not be issued or renewed

unless the person licensed to hunt and, or to take, has

handed over the permit of the previous year to the Wild

Birds Regulation Unit."; and

(d)

sub-regulation (4) thereof shall be deleted.

11. In the Maltese version of sub-regulation (1) of regulation Amends

14 of the principal regulations, immediately after the words "jew regulation

the principal

regulations.

reëint ieħor" there shall be added the words "li huwa ta’, jew".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Immediately after paragraph (b) of sub-regulation (2) of Amends

regulation 18 of the principal regulations, there shall be added the regulation

the principal

regulations.

following new paragraph

"(c)

No person shall take or attempt to take any bird

while within any of the beaches listed in Schedule VII.".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Regulation 21 of the principal regulations shall be Amends

regulation 21 of

amended as follows

the principal

regulations.

(a)

in the said regulation, for the words "the Director",

wherever they occur, there shall be substituted the words "the

Wild Birds Regulation Unit";

(b)

in sub-regulation (1) thereof, as amended by

paragraph (a) of this regulation, for the words "the Wild Birds

Regulation Unit.", there shall be substituted the words "the Wild

Birds Regulation Unit:", and immediately thereafter there shall

be added the following new proviso

"Provided that any licences issued by the Director

of the Environment Protection Directorate within the Malta

Environment and Planning Authority, or his successor in

title, shall remain valid until a new licence is issued by the

Wild Birds Regulation Unit.".

(c)

in sub-regulations (2) and (5) thereof, for the words

"Schedule III", there shall be substituted the words "Schedules

II and, or III";

(d)

in sub-regulation (5) thereof, for the words "the

Section", there shall be substituted the words "the Wild Birds

Regulation Unit";

(e)

in sub-regulation (6) thereof, for the words "with

the Director so that the Director may issue" there shall be

substituted the words "with the Wild Birds Regulation Unit so

that the Unit may issue"; and

(f)

in sub-regulation (7) thereof, for the words "that

the Director may issue" there shall be substituted the words

"that the Wild Birds Regulation Unit may issue".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Regulation 23 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (2) thereof, for the words "the

Director", wherever they occur, there shall be substituted the

words "the Wild Birds Regulation Unit"; and

(b)

in sub-regulation (3) thereof, for the words "the

Director, who shall" there shall be substituted the words "the

Wild Birds Regulation Unit, which shall".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Regulation 25 of the principal regulations shall be

amended as follows

(a)

the figure "(1)" shall be deleted; and

(b)

for the words "The Director may order" there shall

be substituted the words "The Wild Birds Regulation Unit may

order"; and for the words "the Director may determine", there

shall be substituted the words "the Wild Birds Regulation Unit

may determine".

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Regulation 27 of the principal regulations shall be

amended as follows

(a)

sub-regulation (2) thereof shall be amended as

follows

(i) for the words "against regulations 4(b), 15,

18(1)(f)(ii)(aa) and 24 shall be liable", there shall be

substituted the words "against regulations 4(b), 18(1)(a),

18(1)(c), 18(1)(e), 18(1)(f)(ii)(aa), 19 and 24 shall be

liable";

(ii) in paragraph (a) thereof, for the words "of not

less than two hundred and thirty-two euro and ninety-four

cents (€232.94) but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75)", there shall be substituted the words "of not

less than five hundred euro (€500) but not exceeding five

thousand euro (€5,000)"; and for the words "for a period of

not less than one year but not exceeding three years" there

shall be substituted the words "for a period of not less than

two years but not exceeding five years";

(iii) in paragraph (b) thereof, for the words "of not

less than four hundred and sixty-five euro and eighty-

seven cents (€465.87) but not exceeding nine thousand and

three hundred and seventeen euro and forty-nine cents

(€9,317.49)", there shall be substituted the words "of not

less than one thousand euro (€1,000) but not exceeding ten

thousand euro (€10,000)", and for the words "not less than

two months" there shall be substituted the words "not less

than six months";

(iv) in the proviso thereof for the words "Provided

that", there shall be substituted the words "Provided further

that"; and for the words "any bird included in Schedule I"

there shall be substituted the words "any bird included in

Schedule I or in Schedule IX"; and

(v) immediately before the proviso referred to in

sub-paragraph (iv) above, there shall be added the

following new proviso

"Provided that the Court may, in its

discretion, impose a Community Service

Order on the offender in terms of the

Probation Act:";

(b)

sub-regulation (3) thereof shall be amended as

follows

(i) in the Maltese version thereof, the words

"meta tinsab ħatja" shall be deleted;

(ii) in paragraph (a) thereof, for the words "of not

less than two hundred and thirty-two euro and ninety-four

cents (€232.94) but not exceeding two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37)", there shall be substituted the words "of not

less than five hundred euro (€500) but not exceeding two

thousand and five hundred euro (€2,500), and the

confiscation of the corpus delicti";

(iii) in paragraph (b) thereof, for the words "of not

less than four hundred and sixty-five euro and eighty-

seven cents (€465.87) but not exceeding four thousand and

six hundred and fifty-eight euro and seventy-five cents

(€4,658.75)", there shall be substituted the words "of not

less than one thousand euro (€1,000) but not exceeding

five thousand euro (€5000)";

(iv) for the first proviso thereof there shall be

substituted the following

"Provided further that the Court shall 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 two years

but not exceeding five years:";

(v) in the second proviso to sub-regulation (3)

thereof, for the words "of not less than six thousand and

nine hundred and eighty-eight euro and twelve cents

(€6,988.12) but not exceeding thirteen thousand and nine

hundred and seventy-six euro and twenty-four cents

(€13,976.24)", there shall be substituted the words "of not

less that seven thousand euro (€7,000) but not exceeding

fifteen thousand euro (€15,000)"; and

(vi) immediately before the proviso referred to in

sub-paragraph (iv) above, there shall be added the

following new proviso

"Provided that the Court may, in its

discretion, impose a Community Service

Order on the offender in terms of the

Probation Act:";

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

Immediately after regulation 27 of the principal Adds new

regulation to the

regulations, there shall be added the following new regulation

principal

regulations.

" Special

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

(1)

Notwithstanding anything

procedures.

contained in these regulations for the trial and

punishments of offences and subject to the

provisions of this regulation and of Schedule

VIII, where the Wild Birds Regulation Unit

and, or, the Executive Police believe that a

person has committed an offence against these

regulations as found in Schedule VIII, the

Executive Police shall confiscate the corpus

delicti in terms of the Schedule and shall

inform the Wild Birds Regulation Unit which

shall, within thirty days from such

information, give notice in writing to such

person describing the offence of which the

person is accused, indicating the steps to be

taken to remedy the offence and the

administrative penalty which he is required to

pay in respect of that offence

Provided that this regulation shall

be without prejudice to the powers granted to

the Executive Police under the Criminal

Code

Provided further that any person

served with the notice who feels aggrieved by

a decision of the Wild Birds Regulation Unit

under this sub-regulation, may appeal to the

Administrative Review Tribunal established

under the Adminitrative Justice Act for a

revocation or modification of such

administrative penalty, and the return of the

corpus delicti confiscated in terms of this

regulation.

(2) Where a notice under this

regulation has been given, the person named

in the notice may, within twenty-one days of

the service of the notice, accept responsibility

for the offence specified in the notice and

within the same period, remedy the offence

and pay, or undertake in writing to pay, the

penalty indicated in the notice

Provided that where the person to

whom notice is given under sub-regulation (1)

does not accept or, having accepted such

responsibility, fails to remedy the offence

within the time aforesaid, ordinary criminal

proceedings shall be taken against him in

accordance with regulation 27.

(3) The provisions of sub-regulations

(1) and (2) shall not apply in any case where

the offence listed in Schedule VIII is

accompanied by any offence which is not

listed in the same Schedule including where

the offence is committed in conjunction with

any other offence under these regulations,

with the exception of the administrative

offences listed in Schedule VIII, and in such

circumstances the provisions of regulation 27

shall automatically apply.

(4) Where a person holding a special

licence in terms of the Framework for

Allowing a Derogation Opening a Spring

Hunting Season for Tutledove and Quail

Regulations and, or, the Framework for

Allowing a Derogation Opening an Autum

Live-Capturing Season for Song Thrush and

Golden Plover Regulations has committed an

offence in terms of this regulation during the

period of a derogation, the special licence

obtained shall not be suspended

Provided that where such person is

charged or accused under regulation 27 in lieu

of this regulation, such special licence shall

be automatically suspended and, or

subsequently revoked, in terms of the

Framework for Allowing a Derogation

Opening a Spring Hunting Season for

Tutledove and Quail Regulations and, or, the

Framework for Allowing a Derogation

Opening an Autum Live-Capturing Season for

Song

Thrush

and

Golden

Plover

Regulations.".

18. In regulation 29 of the principal regulations for the words

"the Director", there shall be substituted the words "the Wild Birds

Regulation Unit".

19. Immediately after regulation 29 of the principal Adds new

regulation to the

regulations, there shall be added the following new regulation

principal

regulations.

" Other licences.

Malta Government Gazette — Legal Notice 2013 341 · Gazzetta tal-Gvern ta’ Malta Nru. 19,157 – 25.10.2013 — 341 tal-2013 - Regolamenti tal-2013 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar

The provisions and conditions laid

down in these regulations shall not exempt

any person from the requirement of obtaining

(a)

an Autumn live-capturing

licence for the capturing of relevant

species during a potential Autumn live-

capturing season; and, or

(b)

a Spring Hunting Licence

for the hunting of the relevant species

during a potential spring hunting season;

(c)

any other license as may be

required under these regulations.".

20. Schedule IV to the principal regulations shall be Substitutes

Schedule IV to

substituted by 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 indicate the year in which it

can be used.

2. The Carnet de Chasse shall be issued for each year

which, for the purposes of the carnet de chasse, starts after the

closure of the previous autumn open season and ends with the

closure of the autumn open season of that year, even if the

autumn open season closes in the first weeks of the following

year.

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

the bird species that may be hunted or taken.

4. The Carnet de Chasse shall provide for the

recording of dates and locations within which the persons

licenced to hunt and/or to take the birds specified within the list

of species that may be hunted and/or taken.

5. The person licensed to hunt and, or take birds shall

indicate on the Carnet de Chasse each bird that is hunted or

taken immediately upon a catch is made and also the total

amount and species of birds hunted and, or taken per occasion.

6. Each person licensed to hunt is to indicate on the

Carnet de Chasse whether he hunts from land and, or sea.

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

also to indicate appropriately in the eventuality that such person

licensed to hunt and, or take birds had 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 take birds is to

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

residence and a legally valid identification document number on

the Carnet de Chasse for reference purposes.

9. Each person who renews his trapping licence shall

indicate to the Commissioner of Police no more than two

trapping sites, by means of site plan(s) endorsed by the Police.

One copy of the site plan is to be kept by the Police and the

other copy is to be kept by the licensee.".

21. Schedule VI to the principal regulations shall be

substituted by the following

"SCHEDULE VI

Licence Conditions

1. No person can hunt, or take, any bird without a

valid hunting, or trapping licence and unless such person has -

(a) paid for and obtained the necessary hunting

licences required under Part XV of the Code of Police

Laws and, or paid for and obtained the necessary Police

licences to take birds;

(b) is a paid member of an organization

representing persons who are licensed to hunt and, or to

take.

2. In the case of hunting licenses, no person shall hunt

unless he holds a duly paid insurance policy against third party

risks to persons or damage to property.

3. No person will have his hunting or trapping licence

renewed unless he has handed over the permit of the previous

year to the Wild Birds Regulation Unit within ten days from

closure of the autumn season and has effected the relative

payments stipulated under these regulations, including any

payments due under regulation 27A, and the relative licences

have been issued in his favour.

4. The hunting and trapping licences issued under

these regulations shall include the following details

(a)

the species of birds that may be hunted or

taken;

(b) proof that the licensee is a member of an

organization representing persons licensed to hunt and, or

to take;

(c) in the case of hunting, proof indicating that

the applicable firearm licence and the relative insurance

cover have been paid;

(d) in the case of trapping, proof that the

necessary police licences to take birds have been paid for.".

22. Schedule VII to the principal regulations shall be amended Amends

Schedule VII to

the principal

regulations.

(a)

for the words "Beaches protected under regulation

18(2)(a)", there shall be substituted the words "Beaches

protected under regulation 18(2)(a) and (c)";

(b)

item 1 thereof shall be deleted; and

(c)

item 2 thereof shall be re-numbered as item 1, and

for the words "Without prejudice to the above, within the

delineation", there shall be substituted the words "The

delineation".

23. Immediately after Schedule VII to the principal Adds new

Schedule VIII to

regulations, there shall be added the following new schedule

the principal

regulations.

"SCHEDULE VIII

Regulation 27A

Administrative Fines

Offence

Penalty

Use of any electric or electronic

device, use of bird caller

€250

Provided that the Executive Police

shall confiscate the corpus delicti used

in the commission of the offence

Provided further that where the

offence consists in the use of gas, the

offence shall not be subject to an

administrative fine but shall be

punishable in terms of regulation 27

Provided further that where the

offence is carried out during any close

season or within any bird sanctuary

listed in Schedule V or beach listed in

Schedule VII, the offence shall not be

subject to an administrative fine but

shall be punishable in terms of

regulation 27.

7(1)(f)

Use of any kind of portable cage-trap,

whether with a net or not, which does

not exceed the length of 60cm on any

of its sides

€250

Provided that the Executive Police

shall confiscate the corpus delicti used

in the commission of the offence.

11(3) and

Failure to return completed licence to

€50 and

12(5)(a)

Wild Birds Regulation Unit within ten

€20 for

days from the closure of the Autumn

every

season.

week, or

part

thereof, of

failure, up

to a

maximum

of €300

12(6)

Failure to declare every bird hunted or

€50 per

taken

undeclared

bird up to

Provided that if the failure consists in

a

more than 5 undeclared birds the

maximum

offence shall not be subject to an

of €250

administrative fine but shall be

punishable in terms of regulation 27

Provided further that where the

undeclared bird(s) is not included in

Schedule II, the offence shall not be

subject to an administrative fine but

shall be punishable in terms of

regulation 27.

13(1)

Failure to pay / renew licence, unless

the license is handed in to the Wild

Birds Regulation Unit indefinitely.

€250

14(1)

Trespassing of private property, unless

such trespassing is an offence under

any other law.

€250

16(a) and

Hunting and, or taking without the

(b)

relevant

licence

/

identity

documentation and failure to produce

such documentation to the Police

within two days; however this fine

shall not apply in the absence of a

valid licence to hunt or to take, in

which case the offender shall be

charged and, or accused before the

Court

€250

Provided that this provision shall also

apply to hunting and, or taking, during

the period of a derogation.

18(2)(a)

Carrying a firearm, whether loaded or

not, that is not in its case while within

200 meteres from any town or village,

or other inhabited area

€250

Provided that where the carrying of a

firearm, whether loaded or not, that is

not in its case occurs within less than

150 meters from any town or village,

or other inhabited area or of any of the

beaches listed in Schedule VII, or

within a distance of 50 meters from

main or arterial roads the offence shall

not be subject to an administrative fine

but shall be punishable in terms of

regulation 27.

18(2)(b)

Magazine capable of more than two

shots

€250

".

24. Immediately after Schedule VIII to the principal Adds new

Schedule IX to

regulations, there shall be added the following new schedule

the principal

regulations.

"SCHEDULE IX

Regulation 27(2)

Non-Schedule I species subject to special protection

ANSERIFORMES

Anatidae

êinju Mutu

Mute Swan

Cygnus olor

FALCONIFORMES

Accipitridae

Sparvier

Eurasian Sparrowhawk

Accipiter nisus

Kuëëarda prima

Common Buzzard

Buteo buteo

Falconidae

Seqer tal-Ħannieqa

Eurasian Hobby

Falco subbuteo

Falco tinnunculus Spanjulett

Common Kestrel

PELECANIFORMES

Ardeidae

Russett GriŜ

Grey Heron

Ardea cinerea

STRIGIFORMES

Strigidae

Qattus

Long-eared Owl

Asio otus

Kokka

European Scops Owl

Otus scops

Tytonidae

Barbaāann

Barn Owl

Tyto alba

SULIFORMES

Sulidae

Sula

Northern Gannet".

Morus bassanus

€1.62

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