69 tal-2016 - Regolamenti tal-2016 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar Selvaġġi

L.N. 69 of 2016

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (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 Conservation of Wild

Birds (Amendment) Regulations, 2016, and these regulations shall be

read and construed as one with the Conservation of Wild Birds

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

Regulation 2 of the principal regulations shall be amended

as follows

(a)

the definition "carnet de chasse" shall be deleted;

(b)

for the definition

"license"

there

shall

be

substituted the following

"General licence" means a permit issued in

accordance with these regulations and which satisfies the

criteria listed in Schedule IV 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)

the definition "permit" shall be deleted.

Regulation 4 of the principal regulations shall be amended

as follows

(a)

paragraphs (f) and (g) of sub-regulation (1) thereof

shall be deleted;

(b)

in the provisos of sub-regulation (1) thereof, for the

words "paragraphs (e), (f) and (g)" there shall be substituted the

words "paragraph (e)"; and

(c)

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

regulation (1)(e), (f) and (g)" there shall be substituted the

words "sub-regulation (1)(e)".

Regulation 11 of the principal regulations shall be Amends

regulation 11 of

amended as follows

the principal

regulations.

(a)

sub-regulation (3) thereof shall be substituted by

the following new sub-regulation

"(3) The Wild Birds Regulation Unit will not issue

or renew a general licence where the Commissioner

provides the advice in terms of sub-regulation (2), and, or,

where the criteria established in Schedule VI are not

satisfied."; and

(b)

in sub-regulation (4) thereof, for the words "not to

issue a particular licence" there shall be substituted the words

"not to issue or renew a particular licence".

Regulation 12 of the principal regulations shall be Amends

regulation 12 of

amended as follows

the principal

regulations.

(a)

the marginal note thereof shall be substituted by the

following

"General Licence.";

(b)

immediately after the first proviso to sub-

regulation (2) thereof, there shall be added the following new

proviso

"Provided further that, without prejudice to the

requirements of any other law or regulation, persons who

successfully passed an examination on their ability to

identify birds and their knowledge of regulations for the

conservation of wild birds as established in this sub-

regulation shall not be required to sit for another such

examination for that licence category for which they are

licensed during the period of validity of such licences in

terms of sub-regulation (7), or upon due renewal of such

licences in accordance with these regulations within one

year from the end of the validity period of that licence:" ;

(c)

sub-regulation (5) thereof shall be substituted by

the following

"(5) The Wild Birds Regulation Unit may issue

the following general licences in terms of these

regulations

(a)

the general licence to hunt birds on land;

(b)

the general licence to hunt birds at sea;

(c)

the general licence to take birds.";

(d)

sub-regulation (6), including the proviso thereof,

shall be substituted by the following

"(6) Subject to the provisions of regulation 11(3),

an individual may apply and obtain any one or more of the

above general licences or any combination of general

licences."; and

(e)

immediately after sub-regulation (6) thereof, as

substituted, shall be added the following new sub-regulations

"(7) 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 subject to

fulfilment of the criteria stipulated in Schedule VI.

(8) 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 activity is regulated by any other regulation

made under these regulations or by any provision under

these regulations or under any other law or regulation.

(9) A licensee in possession of a general licence

issued in terms of these regulations shall use the game

reporting system indicated by the Wild Birds Regulation

Unit to effect the reporting required under Schedule IV.".

Regulation 13 of the principal regulations shall be

substituted by the following

" Payment of

No person shall hunt and, or, take

general licence

birds unless he has effected the relative

fees and other

payments stipulated under these regulations,

dues.

including any payments due as prescribed by

Schedule VIII and Schedule X, and the relative

licences have been issued in his favour, in

accordance with the conditions stipulated under

Schedule VI.".

7. Regulation 21 of the principal regulations shall be

amended as follows

(a)

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

not be lawful for any person to possess any stuffed birds" there

shall be substituted the words "it shall not be lawful for any

person practicing taxidermy to possess any stuffed birds"; and

(b)

sub-regulation (7) thereof shall be substituted by

the following

"(7) The certificate shall only be issued after all

the specimens that are in the applicant’s possession have

been taxonomically identified and marked with an

identification device by the Wild Birds Regulation Unit or

its predecessor. No action shall be taken with respect to

those specimens -

(a)

that have been issued with a certificate;

(b) that are found, in the course of an

inspection by the Wild Birds Regulation Unit or its

predecessor, to taxonomically correspond to the

specimens declared by the holder to the Malta

Environment and Planning Authority prior to 31st

May 2003, notwithstanding that such specimens

may not have been tagged with an identification

device at the time of the inspection

Provided that any certificate issued for the

purposes of this regulation by the Director of the

Environment Protection Directorate within the Malta

Environment and Planning Authority, or his successor in

title, shall remain valid

Provided further that the certificate issued in

accordance with these regulations may be amended or

revoked where it results that it has been issued in error or

that it contains an error or that it is based on false

information

Provided further that where it results that the

applicant provided false or misleading information, or

made a false or fraudulent declaration, the certificate shall

be immediately revoked and criminal proceedings shall be

taken against the perpetrator in of the Criminal Code.".

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

"greater than 3.3mm in diameter." there shall be substituted the words regulation

the principal

"greater than 3.3mm in diameter:" and immediately thereafter there regulations.

shall be added the following new proviso

"Provided that the provisions of this regulation shall not

apply to persons who are licensed by the Commissioner to sell,

offer for sale, carry, be in possession of, use, import or

manufacture any cartridge loaded with lead shots of any size

greater than 3.3mm in diameter for purposes other than

hunting.".

9. Immediately after regulation 30 of the principal

regulations, there shall be added the following new regulation

" Conservation

(1)

The Minister shall set up a

of Wild Birds

fund, hereinafter referred to as the Conservation

Fund.

of Wild Birds Fund.

(2) The Conservation of Wild Birds

Fund shall be used to finance activities, projects,

programmes and schemes related to the

implementation of the aims and objectives of

these regulations, including activities organised

by non-governmental organizations.

(3) The Conservation of Wild Birds

Fund shall be administered by the Wild Birds

Regulation Unit.

(4) There shall be paid into the

Conservation of Wild Birds Fund

(a)

any sums appropriated by

Parliament for the purpose;

(b)

any donations or grants made

to the Conservation of Wild Birds Fund by

individuals or institutions;

(c)

sums received by the Wild

Birds Regulation Unit for the purpose of

being placed in the Conservation of Wild

Birds Fund;

(d)

such other sums or monies as

may from time to time be provided by, or

collected under this or any other law or

regulations.

(5) The Conservation of Wild Birds

Fund shall keep a proper account of its revenue

and expenditure and the Wild Birds Regulation

Unit shall, every financial year, deliver to the

Minister a copy of its balance sheet together

with a report of its activities during the previous

financial year.

(6) The revenue of the Conservation of

Wild Birds Fund shall not be subject to tax under

the Income Tax Act and the Environment Fund

shall not be liable to tax under the Duty on

Documents and Transfers Act.

(7) The Wild Birds Regulation Unit may

make proposals, for endorsement by the

Minister, concerning the procedures to be

followed in the functioning of the Conservation

of Wild Birds Fund.".

10. In Parts A and B of Schedule II to the principal regulations Amends

Schedule II of

the words "Mergus serrator" shall be deleted.

the principal

regulations.

11. Schedule IV of the principal regulations shall be Substitutes

Schedule IV to

substituted by the following

the principal

regulations.

"SCHEDULE IV

Reporting Obligations

1. It shall be the duty of any person licensed to hunt

and, or, take birds under these regulations to report to the Wild

Birds Regulation Unit the following information, through game

reporting system prescribed by the Wild Birds Regulation Unit

(a) prior to leaving the hunting area, any bird

hunted including the species and corresponding quantity;

provided that in the case hunting and, or taking that takes

place under the terms of any derogation, the above

reporting obligation shall apply immediately upon making

a catch;

(b) the geographical location where the birds

were hunted and, or, taken;

(c) any other information which may be specified

by the Wild Birds Regulation Unit from time to time.".

12. Schedule VI to the principal regulations shall be Substitutes

Schedule VI to

substituted by the following

the principal

regulations.

"SCHEDULE VI

General Licence Conditions

1. A general licence shall not be issued, unless the

person concerned

(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 birds as may be applicable;

(b) is a paid member of an organization

representing persons who are licensed to hunt and, or to

take;

(c) in the case of general hunting licences, holds

a duly paid insurance policy against third party risks to

persons or damage to property;

(d) has paid necessary licence fees as prescribed

in regulations 12 and 13 of these regulations and other

applicable fees as listed in Schedule X;

(e) has successfully passed an examination

established under regulations 11(3) and 12(2) of these

regulations;

(f) has provided to the Wild Birds Regulation

Unit the relevant personal details including a personal

photo identification and any other information that may be

requested in the format prescribed by the Wild Birds

Regulation Unit.

2. A general licence shall not be renewed for a further

five-year period, unless the person concerned

(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 birds as may be applicable;

(b) is a paid member of an organization

representing persons who are licensed to hunt and, or to

take;

(c) in the case of general hunting licences, holds

a duly paid insurance policy against third party risks to

persons or damage to property;

(d) has paid any administrative fines imposed in

accordance with regulation 27A of these regulations, as

prescribed in Schedule VIII;

(e)

has paid necessary licence fees as prescribed

in regulations 12 and 13 of these regulations and as listed

in Schedule X;

(f) has faithfully complied with the reporting

obligations found in Schedule IV;

(g) has provided to the Wild Birds Regulation

Unit the relevant personal details including a personal

photo identification and any other information that may be

requested in the format prescribed by the Wild Birds

Regulation Unit;

(h) has submitted his application for the renewal

of his licence to the Wild Birds Regulation Unit within one

year from the date of expiry of his licence.

3. The general licence shall immediately cease to be

valid and the person shall not hunt or attempt to hunt or take or

attempt to take birds during such time that the person concerned

is in default of any of the requirements stipulated in paragraph 2

of this Schedule during the five-year validity period of the

licence

Provided that where the person concerned rectifies his

default as referred in this paragraph during the five year period

of validity of his licence, the validity of the licence would be

reinstated.".

13. Schedule VIII of the principal regulations shall be Amends

Schedule VIII to

amended as follows

the principal

regulations.

(a)

the following item

" 11(3)

Failure to return the

€75 where such delay does

and

completed licence

not exceed twenty-one days

12(5)(a)

to the Wild Birds

from the date of service of

Regulation

Unit

the

notice

of

the

within ten days

administrative fine issued

from the end of the

under

the

terms

of

period for which it

regulation 27A. Where the

has been issued in

delay exceeds twenty-one

accordance

with

days from the date of

Schedule IV of

service of the notice of

these regulations.

administrative fine, the

provisions of regulation 27

".

shall apply.

shall be deleted;

(b)

the following item

" 12(6)

Failure to declare all the €50

information in the Carnet de

Chasse as required by

Schedule IV of these

".

regulations.

shall be substituted by the following

" 12(9)

Failure to declare and report €50

all the information as

required by Schedule IV of

".

these regulations

and

(c)

the following item

" 13(1)

Failure to pay / renew €250

licence, unless the licence is

handed in to the Wild Birds

".

Regulation Unit indefinitely

shall be deleted.

14. Schedule X of the principal regulations shall be amended

as follows

(a)

the following two entries

" Issuance of new licences (Carnet de €20 per licence

Chasse) in accordance with regulation

12(1)

Renewals of licences (Carnet de Chasse) €20 per licence

"

in accordance with regulation 12(5)

shall be deleted; and

(b)

immediately after the item

" Provision of a copy of the site plan €2 per copy of the

approved by the Wild Birds Regulation site plan

Unit in terms of the fourth proviso of

"

regulation 8(2)

there shall be added the following new items

" New application or renewal of the general €50 for a validity

licence to hunt birds on land

period of 5 years

New application or renewal of the general

€50 for a validity

licence to hunt birds at sea

period of 5 years

New application or renewal of the general

€50 for a validity

licence to take birds

period of 5 years

Replacement of a lost general licence

€20

for

any

document (licence card)

replacement

licence document

(licence

card)

".

issued

15. In the principal regulations, for the words "carnet de General

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

the principal

"General Licence",

regulations.

16. These regulations shall enter into force immediately upon Transitory

their publication in the Gazette subject to the following provisos, provisions

relating to the

namely

entry into force

of these

regulations.

Provided that the provisions of regulations 2, 11, 12, 13,

Schedule IV, Schedule VI, Schedule VIII and Schedule X 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 12(5)(a) 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 for breaches of these specified

regulations as were in force prior to the publication of these amending

regulations

Provided further that regulation 2 of these regulations shall

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

above.

B

€0.99