110 tal-2014 - Regolamenti tal-2014 li jemendaw ir-Regolamenti dwaril-Konservazzjoni ta’ Għasafar Selvaġġi

L.N. 110 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Amendment) Regulations, 2014

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

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

Birds (Amendment) Regulations, 2014, and these regulations shall be

read and construed as one with the Conservation of Wild Birds S.L. 504.71

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

Regulation 27 of the principal regulations shall be Amends

regulation 27 of

amended as follows

the principal

regulations.

(a)

in the second proviso to sub-regulation (2) thereof,

for the words "provisions of this subregulation." there shall be

substituted the words "provisions of this subregulation:", and

immediately thereafter there shall be added the following new

"Provided further that notwithstanding the

provisions of this subregulation, any person who hunts or

attempts to hunt or takes or attempt to take any of the birds

included in Schedule I or in Schedule IX, but not included

in Schedule II, shall be liable

(a) on a first conviction to a fine (multa) of

five thousand euro (€5,000) or to imprisonment for

one year, or to both such fine and imprisonment

and to the permanent revocation of any license or

permit granted under these regulations and the

confiscation of the corpus delicti;

(b) on a second or subsequent conviction to

a fine (multa) of ten thousand euro (€10,000) or to

imprisonment for two years, or to both such fine

and imprisonment and the confiscation of the

corpus delicti. This provision shall also apply to

persons who were previously convicted of an

offence involving hunting or taking, or attempting

to hunt and or take any birds listed in Schedule I or

Schedule IX, but not included in Schedule II, prior

to the entry into force of this paragraph; and, in the

case of such prior conviction where any permit or

license was previously not revoked, the Court shall

order the permanent revocation of any permit or

license issued under these regulations upon the

second conviction."; and

(b) the third proviso of subregulation (3) thereof shall

be substituted by the following

"Provided further that, without prejudice to the

provisions of the third proviso of subregulation (2), 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

the Courts shall also order that the convicted person shall

be disqualified from obtaining a licence under these

regulations and under Part XV of the Code of Police Laws

for life and where such licence has been permanently

revoked in terms of subregulation (2)(b) or the Court has

already ordered the disqualification from obtaining a

hunting licence for life, such person shall, upon conviction,

be liable to a fine (multa) of not less that seven thousand

euro (€7,000) but not exceeding fifteen thousand euro

(€15,000) and to imprisonment for a term of not less than

one year but not exceeding two years.".

€0.18