Conservation of Wild Birds (Amendment No. 2) Regulations, 2022

L.N. 107 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Amendment No. 2) Regulations, 2022

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister for the Environment,

Climate Change and Planning in conjunction with the Minister for

Gozo, and after consultation with the Environment and Resources

Authority, has made the following regulations:-

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

Birds (Amendment No. 2) Regulations, 2022 and these regulations

shall be read and construed as one with the Conservation of Wild Birds S.L. 549.42.

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

Sub-regulation (2) of regulation 4 of the principal Amends

regulation 4 of

regulations shall be deleted.

the principal

regulations.

In sub-regulation (10) of regulation 21 of the principal Amends

regulations, the words "the Wild Birds Regulation Unit." shall be regulation

the principal

substituted by the words "the Wild Birds Regulation Unit:" and regulations.

immediately thereafter there shall be added the following new

provisos

"Provided that if an application to transfer was submitted to

the Wild Birds Regulation Unit or its predecessor by 30th September

2020, and such application has not yet been processed, no action shall

be taken with respect to those specimens listed in the pending

application that were transferred without written authorisation by the

Wild Birds Regulation Unit or its predecessor until the following

verifications are carried out

(a) each transferred specimen, as listed in the pending

application to transfer submitted by 30th September 2020,

taxonomically corresponds to the specimen declared to the Malta

Environment and Planning Authority or its predecessor prior to

31st May 2003, by the transferor and such specimen had not

been disposed;

(b) in the case of transfers of the same specimen from

one individual to another, that specimen is traced back to the

original holder or to its successor in title by virtue of an

authorisation in writing for transfer and such specimen had not

been disposed;

(c) if a specimen was transferred by the original holder,

or by its successor in title by virtue of a written authorised

transfer, to two (2) or more individuals, only the first request for

transfer of that specimen as submitted to the Wild Birds

Regulation Unit or its predecessor by 30th September 2020, shall

be considered as valid

Provided further that after the verifications referred to in

this sub-regulation are carried out, written authorisation to transfer

shall be issued, after all cross-verified specimens have been

taxonomically identified and marked with an identification device by

the Wild Birds Regulation Unit

Provided further that notwithstanding the provisions of this

sub-regulation, legal action shall still be taken against individuals

found in possession of specimens obtained by transfer, where it is

evident that such specimens were obtained in violation of these

regulations.".

€0.18