Protection of Wild Rabbit (Amendment) Regulations, 2022

L.N. 85 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Protection of Wild Rabbit (Amendment) 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 Protection of Wild

Rabbit (Amendment) Regulations, 2022 and these regulations shall be

read and construed as one with the Protection of Wild Rabbit

Regulations hereinafter referred to as the "principal regulations".

Immediately after sub-regulation (11) of regulation 5 of the

principal regulations, there shall be added the following new sub-

regulations

"(12) The Wild Birds Regulation Unit, assisted by

the Executive Police, shall immediately suspend the

relevant general licence for a period of one (1) year

whenever a licensee accumulates in aggregate twelve (12)

penalty points or more during a two (2) year period, in

accordance with regulation 12.

(13) During the period of suspension of the

relevant licence in accordance with sub-regulation (12),

the licensee shall be rendered ineligible to apply for a

licence or permit to participate in any research activity

provided for in accordance with the first proviso to

regulation 23(1) of the Conservation of Wild Birds

Regulations.

(14) The Wild Birds Regulation Unit shall return

the relevant general licence to the licensee following

termination of the suspension period in accordance with

sub-regulation (12).".

Regulation 12 of the principal regulations shall be

substituted by the following new regulation

"12. (1) Notwithstanding anything contained in

these regulations for the trial and punishments of

offences and subject to the provisions of this regulation

and of Schedule II, where the Wild Birds Regulation Unit

and, or, the Executive Police believe that a person has

committed an offence against these regulations as found

in Schedule II, the Executive Police shall inform the Wild

Birds Regulation Unit which shall, within thirty (30) days

from such information, give notice in writing to such

person describing the offence of which the person is

accused, including the penalty points for each offence in

terms of Schedule II, the steps to be taken to remedy the

offence and the administrative penalty which he is

required to pay in respect of that offence

Provided that this regulation shall be without

prejudice to the powers granted to the Executive Police

under the Criminal Code

Provided further that any person served with

the notice who feels aggrieved by a decision of the Wild

Birds Regulation Unit under this sub-regulation, may

appeal to the Administrative Review Tribunal established

under the Administrative Justice Act for a revocation or

modification of such administrative penalty.

(2) If at any time during a two (2) year period a

person accumulates in aggregate twelve (12) penalty

points or more as specified in Schedule II, the offence or

offences committed shall be punishable in terms of

regulation 5(12)

Provided that the accumulated points shall

revert back to zero and the two (2) year period shall be

reset if the licensee does not commit other offences listed

in Schedule II within two (2) years from the date of last

offence

Provided further that in all cases, following

reversion to zero points and resetting of the two (2) year

period and, the licensee shall remain subject to

accumulation of penalty points for offences listed in

Schedule II

Provided further that should the licensee

appeal to the Administrative Review Tribunal and until

the Tribunal decides whether or not to revoke or modify

the administrative penalty, the two (2) year period shall

continue to apply and the penalty points related to the

offence in question shall remain valid and shall be added

to any penalty points that the accused may have

subsequently accumulated, and shall only be deducted

from his total if he is acquitted of the charges brought

against him.

(3) Where a notice under this regulation has been

given, the person named in the notice may, within

twenty-one (21) days of the service of the notice, accept

responsibility for the offence specified in the notice and

within the same period, remedy the offence and pay the

penalty indicated in the notice

Provided that where the person to whom

notice is given under sub-regulation (1) does not accept

or, having accepted such responsibility, fails to remedy

the offence within the time aforesaid, ordinary criminal

proceedings shall be taken against him in accordance

with regulation 11. The two (2) year period shall continue

to apply and the penalty points relating to the offence in

question shall remain valid and shall be added to any

penalty points that the accused may have accumulated,

and shall only be deducted from his total if he is acquitted

of the charges brought against him.

(4) The provisions of this regulation shall not

apply in any case where the offence listed in Schedule II

is accompanied by any offence which is not listed in the

same Schedule including where the offence is committed

in conjunction with any other offence under these

regulations, with the exception of the administrative

offences listed in Schedule II, and in such circumstances

the provisions of regulation 11 shall automatically

apply.".

Schedule II of the principal regulations shall be substituted

by the following new Schedule

"SCHEDULE II

Administrative Fines

(Regulation 12)

Regulation Offence category

First

Second

Penalty

offence

offence

points

for each

offence

category

4(d)

Failure to produce the relevant

€250

€250

licence/identity documentation to

the Police within two (2) days.

Provided that this fine shall not

apply in the absence of a valid

general licence to hunt or to take

wild rabbit, in which case the

offender shall be charged before

the Court of Magistrates and the

offence punishable in terms of

regulation 11.

5(11)

Failure to declare every wild

€50 per

€50 per

rabbit hunted or taken.

undeclared

undeclare

wild rabbit

d wild

rabbit

5(11)(c)

Failure to report any information

€50

€50

which may be specified by the

Wild Birds Regulation Unit.

7(2)

Use of unmuzzled ferrets during

€100

€100

training or capturing of wild

rabbit.

7(6) and 9

Carrying a firearm, whether

€250

€250

loaded or not, that is not in its

case while within 200 metres

from any town or village, or other

inhabited area

Provided that where the carrying

of a firearm, whether loaded or

not, that is not in its case occurs

within less than 150 metres from

any town or village, or other

inhabited area, or in a restricted

area, excluding carrying of a

firearm within the area marked on

the site plan in Schedule III, the

offence shall not be subject to an

administrative fine but shall be

punishable in terms of regulation

7(7)

Possession of any firearm which

€250

€250

has a magazine capable of

holding more than two (2) rounds

of ammunition at any time.

10(1)

Trespassing of private property,

€250

€250

unless such trespassing is an

offence under any other law.

€0.45