Regulations, 2017

L.N. 300 of 2017

ENVIRONMENT PROTECTION ACT

(Cap. 549)

Majjistral Nature and History Park Site (Amendment)

Regulations, 2017

IN EXERCISE of the powers conferred by article 54 and 55(2)

of the Environment Protection Act, the Minister responsible for the

Environment, Sustainable Development and Climate Change, after

consultation with the Environment and Resources Authority, has

made the following regulations:-

The title of these regulations is the Majjistral Nature and Citation.

History Park Site (Amendment) Regulations, 2017 and these

regulations shall be read and construed as one with the Majjistral S.L. 549.83.

Nature and History Park Site Regulations, hereinafter referred to as

the "principal regulations".

In regulation 2 of the principal regulations, in the Amends

definition "sand" the word "Schedule:" shall be substituted by the regulation

the principal

words "Schedule 1;".

regulations.

Regulation 3 of the principal regulations, shall be Substitutes

regulation 3 of

substituted by the following

the principal

3. (1) No person shall

regulations.

(a) prior to two hours before sunrise and after

twelve thirty in the afternoon (12.30p.m.), hunt or

attempt to hunt, in any area of the Park during

September, October and November and during

spring hunting season, whenever a spring hunting

derogation is applied

Provided that no person shall hunt or

attempt to hunt, in any area of the park, prior to two

hours before sunrise and after ten o’ clock in the

morning (10.00a.m) on Wednesdays;

(b) prior to two hours before sunrise and after

ten o’ clock in the morning (10.00a.m) hunt or

attempt to hunt, in any area of the Park during

December and January;

(c) prior to two hours before sunrise and after

ten o’ clock in the morning (10.00a.m) hunt or

attempt to hunt, in any area of the Park on Public

holidays between September and January and on

Public holidays during spring hunting season,

whenever a spring hunting derogation is applied; and

(d) prior to two hours before sunrise and after

two thirty in the afternoon (2.30p.m.) during the

open season, take or attempt to take any wild bird or

wild rabbit, in any area of the Park.

(2)

No person shall access or attempt to access the

Park

(a) whilst being in possession of a firearm or any

other weapon, whether loaded or not, whether inside its

cover or not or whilst being in possession of ammunition

or other equipment to hunt or any other means used to

facilitate hunting prior to two hours before sunrise and

after twelve thirty in the afternoon (12.30p.m.) during

September, October and November and during spring

hunting season or prior to two hours before sunrise and

after ten o’clock (10.00a.m) in the morning during

December and January

Provided that no person shall access or

attempt to access the Park whilst being in possession of a

firearm or any other weapon, whether loaded or not,

whether inside its cover or not or whilst being in

possession of ammunition or other equipment to hunt, or

any other means used to facilitate hunting, prior to two

hours before sunrise and after ten o’clock in the morning

(10.00 am) on Wednesdays;

(b) whilst being in possession of a firearm or any

other weapon, whether loaded or not, whether inside its

cover or not or whilst being in possession of ammunition

or other equipment to hunt or any other means used to

facilitate hunting prior to two hours before sunrise and

after ten o’clock (10.00a.m) in the morning on Public

Holidays in between September and January and on Public

Holidays during Spring hunting season, whenever a spring

hunting derogation is applied; and

(c) whilst being in possession of trapping

equipment or any other means used to facilitate the taking

of any wild bird or wild rabbit prior to two hours before

sunrise and after two thirty in the afternoon (2.30p.m.)

during open season.

(3)

Any person hunting within the boundaries of the

Park shall unload his firearm or any other weapon and place it

inside its cover and shall collect any other equipment used to

hunt or any other means used to facilitate hunting and exit the

Park by

(a)

twelve thirty in the afternoon (12.30p.m.)

during September, October and November and during

spring hunting season and from ten o’clock (10.00a.m) in

the morning till two hours before sunrise of the following

day, during December and January and shall remove from

the Park any weapon, ammunition or other equipment to

hunt or any other means used to facilitate hunting of any

wild bird or wild rabbit, by twelve thirty in the afternoon

(12.30p.m.) during September, October and November and

during spring hunting season, and from ten o’clock

(10.00a.m) in the morning till two hours before sunrise of

the following day, during December and January

Provided that any person hunting within the

boundaries of the Park shall unload his firearm or any other

weapon and place it inside its cover and shall collect any

other equipment used to hunt or any other means used to

facilitate hunting and exit the Park, throughout the year, by

ten o’ clock in the morning (10.00a.m) till to two hours

before sunrise on Wednesdays; and

(b)

ten o’clock (10.00a.m) in the morning on

Public Holidays in between September and January and on

Public holidays during spring hunting season whenever a

derogation for this season is applied and remove from the

Park any weapon, ammunition or other equipment to hunt

or any other means used to facilitate hunting of any wild

bird or wild rabbit, by ten o’clock (10.00a.m) in the

morning on Public Holidays in between September and

January and Public Holidays during Spring hunting season

whenever a derogation for this season is applied.

(4)

Where a person lawfully possesses a building

within the boundaries, such person may store in a locked-up

compartment within such building any unloaded firearm or

other weapon, ammunition, equipment or other means used by

him to facilitate hunting of any wild bird or wild rabbit.

(5)

Any person practicing taking within the boundaries

of the Park shall collect any taking equipment or any other

means used to facilitate taking of wild rabbit and exit the Park

by two thirty in the afternoon (2.30p.m.) during open season,

and, or, in the case of taking of birds in accordance with the

provisions of the applicable Conservation of Wild Birds

(Framework for Allowing a Derogation Opening an Autumn

Live-Capturing Season for Song Thrush and Golden Plover)

Regulations, and, or, Conservation of Wild Birds (Framework

for Allowing a Derogation Opening an Autumn Live-Capturing

Season for Finches) Regulations shall remove all live decoys

and ensure that any clap-nets are disarmed and laid completely

flat on the ground by two thirty in the afternoon (2.30p.m.) and

at all times during prohibited hours, and dismantled upon

closure of the Autumn live-capturing season and removed from

the site

Provided that when the nets are disarmed and laid

completely flat on the ground, the person practicing taking of

birds shall take requisite measures to ensure that no accidental

entanglement of any species occurs when the nets are not active

Provided further that where a person lawfully

possesses a building within the boundaries, such person may

store in a locked-up compartment within such building any

trapping equipment or other means used by him to facilitate the

taking of any wild bird or wild rabbit.

(6)

Without prejudice to provisions of the

Conservation of Wild Birds Regulations, and the Protection of

Wild Rabbit Regulations, no person shall

(a) be in possession of a firearm or any other

weapon for hunting, whether loaded or not, whether inside

its cover or not or be in possession of ammunition or other

equipment to hunt or any other means used to facilitate

hunting of any wild bird or wild rabbit, anywhere in the

Park between twelve thirty in the afternoon (12.30p.m.)

and two hours before sunrise of the following day during

September, October and November and during spring

hunting season, and between ten o’clock (10.00a.m) in the

morning and two hours before sunrise of the following day

during December and January

Provided that no person shall be in possession

of a firearm or any other weapon for hunting, whether

loaded or not, whether inside its cover or not or be in

possession of ammunition or other equipment to hunt or

any other means used to facilitate hunting of any wild bird

or wild rabbit, anywhere in the Park between ten o’ clock

in the morning (10.00a.m) till to two hours before sunrise

of the following day on Wednesdays;

(b) be in possession of a firearm or any other

weapon for hunting, whether loaded or not, whether inside

its cover or not or be in possession of ammunition or other

equipment to hunt or any other means used to facilitate

hunting of any wild bird or wild rabbit, anywhere in the

Park between ten o’clock (10.00a.m) in the morning and

two hours before sunrise of the following day on Public

Holidays in between September and January and on Public

Holidays during Spring hunting season whenever a

derogation for this season is applied;

(c) be in possession of trapping equipment or any

other means used to facilitate taking of any wild bird or

wild rabbit, anywhere in the Park between two thirty in the

afternoon (2.30p.m.) and two hours before sunrise of the

following day during open season;

(d) be in possession or control of a hunted wild

bird or a wild rabbit, whether dead or alive, whether whole

or in part anywhere in the Park between twelve thirty in the

afternoon (12.30p.m.) and two hours before sunrise of the

following day during September, October and November

and during spring hunting season and between ten o’clock

(10.00a.m) in the morning and two hours before sunrise of

the following day during December and January

Provided further that no person shall be in

possession or control of a hunted wild bird or a wild rabbit,

whether dead or alive, whether whole or in part anywhere

in the Park between ten o’ clock in the morning (10.00a.m)

till to two hours before sunrise of the following day on

Wednesdays; and

(e) be in possession or control of a hunted wild

bird or a wild rabbit, whether dead or alive, whether whole

or in part anywhere in the Park between ten o’clock

(10.00a.m) in the morning and two hours before sunrise of

the following day on Public Holidays in between

September and January and on public holidays during

spring hunting season. whenever a derogation for this

season is applied.

(7)

Without prejudice to the provisions of the

Conservation of Wild Birds Regulations no person in any part of

the park shall be in possession or control of live wild birds used

as decoys for taking, anywhere in the open field within the Park

between two thirty in the afternoon (2.30p.m.) and two hours

before sunrise of the following day during any open season for

taking of birds whenever any live-capturing derogation is

applied.

(8)

No person shall leave inside the park any fire-arm

or other weapon used for hunting, whether loaded or not,

whether inside its cover or not or leave any ammunition or other

equipment to hunt or any other means used to facilitate hunting

of any wild bird or wild rabbit, anywhere in the Park, between

(a) twelve thirty in the afternoon (12.30p.m.) and

two hours before sunrise of the following day during

September, October and November and during spring

hunting season and between ten o’clock (10.00a.m) in the

morning and two hours before sunrise of the following day

during December and January

Provided that no person shall leave inside the

park any fire-arm or other weapon used for hunting,

whether loaded or not, whether inside its cover or not or

leave any ammunition or other equipment to hunt or any

other means used to facilitate hunting of any wild bird or

wild rabbit, anywhere in the Park, between ten o’ clock in

the morning (10.00a.m) till to two hours before sunrise on

Wednesdays;

(b) ten o’clock (10.00a.m) in the morning and

two hours before sunrise of the following day on Public

Holidays in between September and January and on Public

Holidays during spring hunting season whenever a

derogation for this season is applied; and

(c) where a person lawfully possesses a building

within the boundaries, such person may store in a locked-

up compartment within such building any unloaded firearm

or other weapon, ammunition, equipment or other means

used by him to facilitate hunting of any wild bird or wild

rabbit.

(9)

Without prejudice to the provisions of any other

law, and unless in possession of a valid permit or authorization

issued under the direction of the Park Manager, as applicable,

no person shall within the boundaries of the Park

(a) park, place or drive a vehicle outside

designated areas as indicated from time to time by the

Board, except for

(i) the parking or driving of agricultural

vehicles on existing cultivated land as reasonably

required for the purpose of continued cultivation; or

(ii) the maintenance of infrastructural services

and, or public works in line with the approved plans

for the management of the Park, and on condition

that the works and any ancillary parking, placing or

driving are strictly confined to the site approved for

the works; or

(iii) law enforcement and keeping of good order

Provided that in all cases, the person shall still be

liable for any direct, indirect or consequential

damage to the Park;

(b) camp outside designated areas as indicated

from time to time by the Board;

(c) kindle or attempt to kindle a fire for

entertainment purposes, including and not limited to

fireworks, bonfires, barbecues, and camp-fires outside

designated areas as indicated from time to time by the

Board, provided that this provision does not apply to a

person who kindles

(i) a fire directly connected with or necessary

for the management of the Park, with prior approval

of the Park Manager; or

(ii) a controlled fire within the confines of a

private dwelling or a controlled fire on existing

cultivated land for the purpose of cultivation and

related maintenance insofar as these are not in

conflict with the management plan provisions for the

Park

Provided further that in all cases, the person shall

still be liable for any direct, indirect or consequential

damage to the Park;

(d) hold an organized operation or activity or

work, of a commercial nature or otherwise, other than

walking and cycling on designated footpaths and

educational tours organised by the Park Manager and

subject to other permits needed, involving more than

twenty (20) persons;

(e) effect or place any temporary installation or

facility for the purpose of organized operations or

activities or work;

(f) hold any organised filming activity or similar

operations or activities taking place outside designated

areas as indicated from time to time by the Board;

(g) remove any stones, pebbles or sand from the

beach or the sand dunes except as part of the management

of the Park under the direction of the Park Manager;

(h) move, remove, shift or damage any

equipment used for the management of the park, including

any signs, barriers, waste collection facilities, or beach

safety equipment;

(i)

cause damage to the Park and its biodiversity.

(10) The provisions of these regulations shall apply

without prejudice to the provisions of any other related

regulations, and do not exempt any person including the Park

Manager from complying with any restrictions, prohibitions,

and permit requirements that may be applicable. The Park

Manager shall be responsible for ensuring that such regulations

and requirements are duly complied with at all times to the

satisfaction of the competent authorities.".

€0.72