Conservation of Wild Birds (Amendment) Regulations, 2022

L.N. 86 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (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 Conservation of Wild

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

read and construed as one with the Conservation of Wild Birds

Regulations hereinafter referred to as the "principal regulations".

In sub-regulation (2) of regulation 9 of the principal

regulations, the word "obtain" shall be substituted by the words "are in

Immediately after sub-regulation (8) of regulation 11 of the

principal regulations there shall be added the following new sub-

regulations

"(9) 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 27A.

(10) During the period of suspension of the

relevant licence in accordance with sub-regulation (9),

the licensee shall be rendered ineligible to apply for a

special licence associated with the relevant general

licence that has been suspended, which special licence is

issued under the terms of the relevant Framework

Regulations, and shall also 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).

(11) 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 (9).".

Regulation 23 of the principal regulations shall be amended Amends

as follows

(a) in sub-regulation (1) thereof, the words "and/or geo-

tagging." shall be substituted by the words "and/or geo-tagging:"

and immediately thereafter there shall be added the following

new proviso

"Provided that without prejudice to any

research Framework Regulations, a person who is not

licensed as a bird-ringer in accordance with regulation

23(2)(a), may capture certain birds for the purpose of geo-

tagging, followed by their immediate release back into the

wild, insofar as that person satisfies the following

requirements

(a) the submission of an application to the

Wild Birds Regulation Unit, not later than two (2)

months prior to the commencement of the geo-

tagging activity, which application must be

accompanied by the following information

(i) a detailed explanation of the

objectives of the proposed research and the

reasons thereof;

(ii) the alternatives considered;

(iii) the proposed quantity per species

to be captured for the purpose of geo-tagging;

(iv) the proposed methodology;

(v) the location of the sites where geo-

tagging is proposed to be carried out in the

format prescribed in paragraph (c) of sub-

regulation (3);

(vi) details of the persons who will be

entrusted with handling birds and the

management of the geo-tags’ software,

including data collection and analysis;

(vii) the proposed research dates for

geo-tagging;

(viii) the proposed duration of the data

collection and analysis; and

(ix) the date when the report on the

outcome of the research is expected to be

submitted to the Wild Birds Regulation Unit;

(b) the submission, together with the

application referred to in paragraph (a), of a signed

declaration, either

(i) by the applicant, confirming that

he has proven experience in bird-handling and

affixing geo-tags on avian species, including

knowledge of the geo-tags’ software, data

collection, management and analysis if the

data will also be managed by the same

applicant, supported by a biography that lists

his previous ornithological research conducted

by means of geo-tagging, including the

research period, outcome of the research and a

link to each publication in peer-reviewed

scientific journals; or

(ii) by the applicant’s trainer, who has

proven experience in bird-handling and

affixing geo-tags on avian species, as

supported by the trainer’s biography, which

shall be submitted together with the

declaration and shall contain all the

information specified in sub-paragraph (i),

confirming that he has trained the applicant

who is knowledgeable about all aspects related

to geo-tagging, including affixing of geo-tags

on the target avian species proposed in the

application referred to in paragraph (a) and, if

the data will also be managed by the same

applicant, a confirmation that he is conversant

with the geo-tags’ software, including data

collection, management and analysis;

(c) the inclusion, in the proposed

methodology as referred to in paragraph (a) of sub-

regulation (1), of a bird-ringing component as

provided for in sub-regulation (2), for all species

not listed in Schedule II

Provided that if the geo-tagging activity

involves species listed in Schedule II, the proposed

methodology should preferably also include a bird-

ringing component as provided for in sub-regulation

(2);

(d) the recommendations and conditions of

the Ornis Committee, in accordance with regulation

10(6); and

(e) the conditions specified in the licence

issued for the purpose of geo-tagging by the Wild

Birds Regulation Unit, including reporting

obligations and the submission of a detailed report

on the outcome of the geo-tagging activity to the

Wild Birds Regulation Unit

Provided that the Wild Birds Regulation

Unit shall present the report as referred to in

paragraph (e) to the Ornis Committee in terms of

the proviso to regulation 10(6)(c)

Provided further that in the event that the

applicant fails to submit the report as referred to in

paragraph (e) within the deadline stipulated by the

Wild Birds Regulation Unit in the licence

conditions, the applicant shall be rendered ineligible

to apply for any other research permit or renewal.";

and

(b) in paragraph (h) of sub-regulation (2) thereof, the

words "practicing hunting." shall be substituted by the words

"practicing hunting;" and immediately thereafter there shall be

added the following new paragraph

"(i) no nets, including mist-nets, or any other

equipment used for bird ringing and/or geo-tagging shall be

left unattended.".

Regulation 27 of the principal regulations shall be amended Amends

(a)

sub-regulation (2) thereof shall be amended as

(i) in paragraph (a) thereof, the words "suspension

of any licence or permit" shall be substituted by the words

"suspension of the relevant licence or permit";

(ii) in paragraph (b) thereof, the words "permanent

revocation of any licence or permit" shall be substituted by

the words "permanent revocation of the relevant licence or

permit";

(iii) in paragraph (a) of the third proviso thereof,

the words "permanent revocation of any license or permit

granted under these regulations and the confiscation of the

corpus delicti;" shall be substituted by the words

"permanent revocation of the relevant licence or permit,

issued under these regulations and under Part XV of the

Code of Police Laws, and the confiscation of the corpus

delicti;"; and

(iv) in paragraph (b) of the third proviso thereof, the

words "in the case of such prior conviction where any

permit or license was previously not revoked, the Court

shall order the permanent revocation of any permit or

license issued under these regulations upon the second

conviction:" shall be substituted by the words "in the case

of such prior conviction where the relevant permit or

licence was previously not revoked, the Court shall order

the permanent revocation of the relevant permit or licence

issued under these regulations and under Part XV of the

Code of Police Laws upon the second conviction:"; and

(b)

sub-regulation (3) thereof shall be amended as

follows

(i) in the second proviso thereof, the words "order

the suspension of the licence or permit" shall be substituted

by the words "order the suspension of the relevant licence

or permit"; and

(ii) in the third proviso thereof: the words "shall be

disqualified from obtaining a licence under these

regulations and" shall be substituted by the words "shall be

disqualified from obtaining the relevant licence or permit

under these regulations and" and the words "ordered the

disqualification from obtaining a hunting licence for life"

shall be substituted by the words "ordered the

disqualification from obtaining the relevant licence or

permit for life".

Regulation 27A of the principal regulations shall be

substituted by the following new regulation

"27A. (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 VIII, 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 VIII, the Executive Police shall confiscate the

corpus delicti as specified in Schedule VIII and 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 VIII, 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, and the

return of the corpus delicti confiscated in terms of this

regulation.

(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 VIII, the offence

or offences committed shall be punishable in terms of

sub-regulation 11(9) and the immediate confiscation of

the corpus delicti as specified in Schedule VIII

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 VIII 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, the licensee shall remain subject to accumulation

of penalty points for offences listed in Schedule VIII

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 27. 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

VIII 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 VIII, and in such

circumstances the provisions of regulation 27 shall

automatically apply.

(5) Where a person holding a special licence

issued in terms of the relevant Framework Regulations

has committed an offence in terms of this regulation

during the period of a derogation, the special licence

obtained shall not be suspended

Provided that when such person accumulates

the twelve (12) penalty points, in terms of the provisions

of sub-regulation (2), during the period of a derogation or

is charged or accused under regulation 27 in lieu of this

regulation, such special licence shall be automatically

revoked.".

Schedule VIII to the principal regulations shall be Substitutes

substituted by the following new Schedule

"SCHEDULE VIII

Administrative Fines

(Regulation 27A)

Regulation

Offence category

First

Second

Penalty

offence

offence

points for

each

offence

category

Use or possession of any

€250 and

€250 and

electric or electronic

confiscation

confiscation

device, use or possession

of the

of the corpus

of bird caller

corpus

delicti

delicti

Provided that where the

offence is carried out

during any closed season

or during prohibited

hours or within any Bird

Sanctuary

listed

in

Schedule V or Protected

Beach listed in Schedule

VII, or where the pre-

recorded

bird

calls

correspond to species not

listed in Schedule II, the

offence shall not be

subject

to

an

administrative fine but

shall be punishable in

terms of regulation 27

and

immediate

confiscation

of

the

corpus delicti.

7(1)(f)

Use of any kind of

€250 and

€250 and

portable cage-trap during

confiscation

confiscation

any time of the year,

of the

of the corpus

whether with a net or not,

corpus

delicti

which does not exceed

delicti

the length of 60cm on

any of its sides

Provided that when the

use of a portable cage-

trap is combined with the

use

of

live-decoys,

within

or

in

the

surrounding area of the

cage-trap, irrespective of

whether the live-decoys

are located in cages or in

an aviary, this offence

shall not be subject to an

administrative fine but

shall be punishable in

terms of regulation 27.

8(2)

Live-decoys in excess of €50 for each €50 for each

the limit permitted by live-decoy live-decoy in

virtue of a live-capturing in excess of excess of the

special licence.

the

permitted

permitted

limit

limit

8(2)

Failure to comply with €50 for each €50 for each

the

minimum

cage cage smaller cage smaller

20(a)(ii)

dimensions as specified

than the

than the

in the special licence for

minimum

minimum

the relevant species.

dimensions

dimensions

Schedule

Failure to report birds €50 for each €50 for each

IV(1)(c)

fitted with a scientific

specimen

specimen

ring to the Wild Birds not reported not reported

Regulation Unit and/or or released

or released

failure to immediately

back into

back into the

7(p) of

release them back into the wild and

wild and

the wild after the details confiscation confiscation

of the scientific ring have

of the

of the

been recorded.

specimens

specimens

not released not released

into the wild into the wild

12(6)

Failure to declare every

€50 per

€50 per

bird hunted or taken

undeclared

undeclared

bird up to a

bird up to a

Provided that if the

maximum

maximum of

failure consists in more

of €250

€250

than five (5) undeclared

birds or, during the

period of any derogation,

more than the number of

birds allowed as daily

bag limit or more than

the number of birds

allowed as seasonal bag

limit, if such limits are

imposed, the offence

shall not be subject to an

administrative fine but

shall be punishable in

terms of regulation 27.

12(9)

Failure to submit the

€50

€50

information as required

in paragraph 1(c) of

Schedule IV of these

regulations.

14(1)

Trespassing of private

€250

€250

property, unless such

trespassing is an offence

under any other law.

16(a) and (b)

Hunting and, or taking

€250

€250

without the relevant

licence

/

identity

documentation

and

failure to produce such

documentation to the

Police within two days

Provided that this fine

shall not apply in the

absence of a valid

licence to hunt or to take,

or to hunting and/or

taking during the period

of a derogation, in which

case the offence shall not

be

subject

to

an

administrative fine but

shall be punishable in

terms of regulation 27.

18(2)(a)

Carrying a firearm,

€250

€250

whether 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 of any

of the beaches listed in

Schedule VII, or within

distance of 50 metres

from main or arterial

roads the offence shall

not be subject to an

administrative fine but

shall be punishable in

terms of regulation 27.

4 ".

18(2)(b)

Magazine capable of

€250

€250

and7(1)(k)

more than two shots.

€1.08