133 tal-2016 - Regolamenti tal-2016 li jemendaw ir-Regolamenti dwar il-Ħarsien tal-Fenek Selvaġġ

L.N. 133 of 2016

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Protection of Wild Rabbit (Amendment) Regulations, 2016

BY VIRTUE of the powers conferred by articles 61 and 62 of

the Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change has

made the following regulations:-

The title of these regulations is the Protection of Wild

Rabbit (Amendment) Regulations, 2016, and these regulations shall

be read and construed as one with the Protection of Wild Rabbit

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

In the principal regulations, for the words "carnet de

chasse" and for the word "license", wherever they occur, there shall

be substituted the words "general licence".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

the definition "carnet de chasse" shall be deleted;

(b) the definition "license" shall be substituted by the

following new definition

" "general licence" means a permit issued in

accordance with these regulations and which satisfies the

criteria listed in Schedule I and, or other conditions which

may be stipulated by the Wild Birds Regulation Unit from

time to time in accordance with these regulations;"; and

(c)

immediately after the definition " "to capture" or

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

" "to train" or "training" means the training of any

dog and, or, ferret of the necessary skills to capture wild

rabbit

Provided that this activity shall be exempt from the

provisions of these regulations where the training is

conducted without the use of any net, firearm, air rifle or

any ammunition, and without the intention to capture or

kill wild rabbit and that no such capture or killing of wild

rabbit occurs, and that during such training any dog shall

be on a leash at all times and any ferret shall be muzzled at

all times;".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a)

paragraph (d) of sub-regulation (6) thereof shall be

substituted by the following new paragraph

"(d) in the case of general licence renewal, has

paid the respective renewal fee to the Wild Birds

Regulation Unit for the applicable licence as found in

Schedule IV;";

(b) sub-regulation (7) thereof shall be substituted by the

following new sub-regulation

"(7) The Wild Birds Regulation Unit may issue

the following general licences in terms of these

regulations

(a)

the licence to shoot wild rabbit;

(b)

the licence to capture wild rabbit;";

(c) sub-regulation (8) thereof shall be substituted by the

following new sub-regulation

"(8) Subject to the provisions of sub-regulation

(6), an individual may apply and obtain any one or more of

the general licences referred to in sub-regulation (7)."; and

(d) immediately after the sub-regulation (8) thereof, as

substituted, there shall be added the following new sub-

regulations

"(9) Without prejudice to the provisions of these

regulations, the licence issued in accordance with these

regulations shall remain valid for a period of five years and

may be renewed for further periods of five years upon

payment of the licence fee stipulated in Schedule IV and if

the Wild Birds Regulation Unit is satisfied that the criteria

established in sub-regulation (6) are satisfied.

(10) A licensee in possession of a general licence

issued in terms of these regulations shall not be exempt

from obtaining any other licence which may be required

where his planned activity is regulated by any other

regulations or by any provision under these regulations.

(11) Any person licensed to shoot and, or, capture

wild rabbit under these regulations shall report to the Wild

Birds Regulation Unit through the game reporting system,

as may be prescribed, the following information

(a)

before leaving the hunting area, the

number of rabbits killed and the number of rabbits

captured;

(b)

the geographical location where the

rabbits were hunted or captured;

(c)

any other matter which may be

specified by the Wild Birds Regulation Unit from

time to time.".

Schedule I of the principal regulations shall be substituted

by the following new Schedule

"SCHEDULE I

General Licence Conditions

1. A general licence shall immediately cease to be

valid and the licensee may not hunt, or attempt to hunt, or take,

or attempt to take wild rabbit, unless such person -

(a) has paid for and obtained the necessary

licences required under Part XV of the Code of Police

Laws and, or, paid for and obtained the necessary Police

licences to hunt and, or take;

(b) is a paid member of a recognised hunting

organisation;

(c) has paid any administrative fines imposed in

accordance with regulation 12 as prescribed in Schedule II;

(d) has paid necessary licence fees as prescribed

in regulation 5 and as listed in Schedule IV.

2. In the case of general hunting licence, no person

shall hunt unless he holds a duly paid insurance policy against

third party risks to persons or damage to property.".

Schedule II of the principal regulations shall amended as Amends

Schedule II to

follows

the principal

regulations.

(a)

the following items shall be deleted

" Failure to return completed licence to €50

Wild Birds Regulation Unit within ten

days from the end of the period for which

it has been issued.

Failure to declare hunting of wild rabbit €50

in carnet de chasse before leaving the

";

hunting area.

and

(b)

item 3 thereof shall be substituted by the following

" Failure to declare every wild rabbit €50 per

hunted or taken.

un-

declared

wild

".

rabbit

Item 3 of Schedule IV to the principal regulations shall be Amends

Schedule IV of

substituted by the following new item

the principal

regulations.

"3. Licence to shoot, and or to capture wild

rabbit

(a) issuance of new or renewal of five-year

licence to shoot wild rabbit in

accordance with regulation 5

€50

(b) issuance of new or renewal of five-year

licence to capture wild rabbit in

accordance with regulation 5

€25.".

The provisions of these regulations shall enter into force as Transitory

from the 15th February 2016 with respect to those licensees who have provisions

entry into force.

a valid licence on publication of these regulations and who have

handed in their carnet de chasse to the Wild Birds Regulation Unit in

accordance with regulation 5(8) of the principal regulations

Provided that, notwithstanding that the 15th February 2016

might have elapsed, the provisions of regulation 5, Schedule I and

Schedule II, of the principal regulations shall remain in force in the

same manner as prior to being amended by these regulations

exclusively in regard to those licensees who would have not handed

in their carnet de chasse in accordance with regulation 5(8) of the

principal regulations or in regard to those persons who are in any

other way in breach of the regulations specified in this proviso and

such persons shall still be liable to the punishments stipulated by

these specified regulations as are in force prior to the 15th February

2016

Provided further that regulation 2 of these regulations shall

also enter into force in the same manner as specified in the proviso

immediately preceding this proviso.

€0.45