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38 2000

WILDLIFE (AMENDMENT) ACT, 2000

PART IV

Wildlife Conservation and Protection

Chapter I

Protection of Flora, Wild Birds and Wild Animals

Amendment of section 21 (protection of flora) of Principal Act.

29. —Section 21 of the Principal Act is hereby amended—

(a) in subsection (3), by the substitution of the following for paragraphs (a) and (b):

“(a) cut, pick, collect, uproot or otherwise take, injure, damage, or destroy any specimen to which this section applies or the flowers, roots, seeds, spores or other part of such specimen,

(b) purchase, sell, keep for sale, transport for sale or exchange, offer for sale or exchange or be in possession of any such specimen whether alive or dead or the flowers, roots, seeds, spores or any part, product or derivative thereof,”,

(b) in subsection (5), by the substitution of the following for paragraph (a):

“(a) to cut, pick, collect, uproot or otherwise take flora of a species specified in the licence and which is of a species to which an order under this section for the time being applies or the flowers, roots, seeds, spores or other part of a specimen of the species so specified,”,

(c) in subsection (6), by the substitution of the following for paragraphs (a) and (b):

“(a) sold a plant whether alive or dead or the flowers, roots, seeds, spores or any part, product or derivative of a plant, which is of the same species as the plant, flowers, roots, seeds, spores or any part, product or derivative of a plant, as the case may be, to which the alleged offence relates, and

(b) claimed, either expressly or by implication and whether by advertising or otherwise, that the plant, flowers, roots, seeds, spores or any other part, product or derivative sold came from or was wholly or partly grown in a particular place, and the place is in an area to which an order under this section applied at the time when the alleged offence was committed,”,

(d) in subsection (7), by the insertion of “, seeds or spores” after “roots”, and

(e) by the insertion of the following after subsection (8):

“(8A) In order to control the trade and collection of wild flora the Minister may make regulations providing that a person shall not, save under and in accordance with a licence granted in that behalf by the Minister and on payment to the Minister of the prescribed fee (if any), cut, pick, collect, uproot or otherwise take, injure, damage, or destroy any specimen of a species of flora which is of a species specified in the regulations or the flowers, roots, seeds, spores or other part of such specimen or cause to be cut, picked, collected, uprooted or otherwise taken, injured, damaged or destroyed any such specimen.

(8B) Where the Minister is satisfied that it is in the interests of the conservation of any species of wild flora so to do, the Minister may be regulations prohibit, or control in such manner as the Minister considers appropriate and specify in the regulations, the trade, collection, purchase or sale of that species or any part, product or derivative thereof for such period as may be so specified.”,

and the said subsection (7), as so amended, is set out in the Table to this section.

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(7) In any proceedings for an offence under this section, it shall be a defence for the defendant to show that the plant, flowers, roots, seeds or spores or other thing to which the alleged offence relates was lawfully imported.

Amendment of section 22 (enforcement of protection of wild birds) of Principal Act.

30. —Section 22 of the Principal Act is hereby amended—

(a) in subsection (5)—

(i) by the substitution, in paragraph (b), of “aquaculture, fishing, forestry or turbary” for “fishing or forestry”,

(ii) by the insertion, in paragraph (d), of “, or the orphaned and dependant young of such a bird,” after “protected wild bird” and by the deletion of the words “or with the intention of tending it and of later releasing it” after “humanely”,

(iii) by the insertion, in paragraph (e), of “and where the bird is so injured or disabled that there is no reasonable chance of its recovering,” after “paragraph (h) of this subsection”,

(iv) by the deletion of paragraph (f) (inserted by the Regulations of 1985),

(v) by the insertion, in paragraph (g), of “unless the nest contains the eggs or young of a protected wild bird” after “building”, and

(vi) by the substitution of “a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000, or which is duly done pursuant to any other statute” for “a statute (other than this Act)”,

(b) in subsection (9)—

(i) by the insertion, in paragraph (d), of “examine, inspect or” before “take”, and

(ii) by the insertion of the following after paragraph (d):

“(e) to take the eggs of a protected wild bird of a species specified in the licence for the purposes of having them hatched out for repopulation, or re-introduction to the wild or, for such purposes, to move such eggs from the nest of a bird so specified to that of another bird of the same species or for such other purposes as the Minister considers appropriate in the circumstances in respect of the species so specified,

(f) to take or make photographic, video or other pictures of a protected wild bird of a species specified in the licence on or near a nest containing eggs or unflown young,

(g) to have in possession, for a reasonable period of time—

(i) an injured or disabled wild bird, or

(ii) one or more than one dependant young of a wild bird which is orphaned,

with the intention of tending and later releasing such bird or young back into the wild when and only when such bird or young, as the case may be, is no longer injured, disabled or dependant,

(h) to retain possession of a wild bird, that for reasons of disability or for other reasons deemed reasonable by the Minister, would, if released, be unlikely to survive unaided in the wild.”,

and the said subsections (5) (other than paragraphs (a), (c) and (h) and (9) (other than paragraphs (a) to (c) and inserted paragraphs (e) to (h)), as so amended, are set out in the Table to this section.

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(5) It shall not be an offence for a person—

(b) while so engaged or engaged in agriculture, aquaculture, fishing, forestry or turbary unintentionally to injure or kill a protected wild bird, or

(d) to capture an injured or disabled protected wild bird or the orphaned and dependant young of such a bird for the purpose of killing it humanely, or

(e) to kill humanely a protected wild bird which has been injured in the manner described in paragraph (b), or captured in the manner described in paragraph (d) or injured in the circumstances described in paragraph (h) of this subsection and where the bird is so injured or disabled that there is no reasonable chance of its recovering, or

(g) to destroy or remove any such nest which is built in or on an occupied building unless the nest contains the eggs or young of a protected wild bird, or

and nothing in this section shall make unlawful anything which is duly done pursuant to a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000 or which is duly done pursuant to any other statute or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(9) The Minister may grant a licence to a person—

(d) to examine, inspect or take the nests or eggs of protected wild birds of a species so specified for such educational, scientific or other purposes as shall be so specified.

Amendment of section 23 (enforcement of protection of wild animals (other than wild birds)) of Principal Act.

31. —Section 23 of the Principal Act is hereby amended—

(a) in subsection (5), by the insertion of “or resting place” after “breeding place” in paragraph (d),

(b) by the substitution of the following for subsection (6):

“(6) The Minister may grant a licence to a person—

(a) to take, capture or humanely kill or capture and humanely kill at any time a protected wild animal of a species specified in the licence for such educational, scientific or any other purpose as shall be specified in the licence, or

(b) to take or make photographic, video or other pictures of a protected wild animal of a species so specified on or near the breeding place of such an animal, or

(c) to have in possession, for a reasonable period of time—

(i) an injured or disabled protected wild animal, or

(ii) one or more than one dependant young of a protected wild animal which is orphaned,

with the intention of tending and later releasing such animal or young back into the wild when and only when such animal or young, as the case may be, is no longer injured, disabled or dependant, or

(d) to retain possession of a protected wild animal, that for reasons of disability or for other reasons deemed reasonable by the Minister, would, if released, be unlikely to survive unaided in the wild.”,

(c) in subsection (7)—

(i) by the substitution, in paragraph (a), of “, aquaculture, forestry or turbary,” for “or forestry, or in zoology or in any other scientific pursuit,”,

(ii) by the substitution, in paragraph (c), of “unintentionally to kill or injure such an animal or unintentionally to destroy or injure the breeding place or resting place” for “to kill or injure such an animal or to destroy or injure the breeding place”,

(iii) by the insertion, in paragraph (d), of “, or the orphaned and dependant young of such an animal,” after “protected wild animal” and of “when, but only when, the said animal or its dependant young, as the case may be, are no longer disabled or dependant” after “releasing it,”,

(iv) by the insertion, in paragraph (e), of “and where the animal is so injured or disabled that there is no reasonable chance of its recovering,” after “paragraph (c) of this subsection”, and

(v) by the substitution, in paragraph (iv), of “a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000, or which is duly done pursuant to any other statute” for “a statute (other than this Act)”,

and

(d) by the insertion of “, aquaculture, forestry or turbary” for “or forestry” and the deletion, in subsection (9), of “, or in zoology or in another scientific pursuit”,

and the said subsections (5) (other than paragraphs (a), (b) and (c)), (7) (other than paragraph (b) and subparagraphs (i) to (iii)) and (9), as so amended, are set out in the Table to this section.

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(5) Any person who—

(d) wilfully interferes with or destroys the breeding place or resting place of any protected wild animal,

shall be guilty of an offence.

(7) Notwithstanding subsection (5) of this section, it shall not be an offence for a person—

(a) while engaged in agriculture, aquaculture, fishing, forestry or turbary, unintentionally to injure or kill a protected wild animal, or

(c) while constructing a road or while carrying on any archaeological operation, building operation or work of engineering construction, or while constructing or carrying on such other operation or work as may be prescribed, unintentionally to kill or injure such an animal or unintentionally to destroy or injure the breeding place or resting place of such an animal, or

(d) to capture an injured or disabled protected wild animal, or the orphaned and dependant young of such an animal, for the purpose of killing it humanely or with the intention of tending it and later releasing it when, but only when, the said animal or its dependant young, as the case may be, are no longer disabled or dependant, or

(e) to kill humanely a protected wild animal which is either injured in the manner described in paragraph (a) of this subsection or captured in the manner described in paragraph (d) of this subsection or so to kill a protected wild animal injured in the circumstances described in paragraph (c) of this subsection and where the animal is so injured or disabled that there is no reasonable chance of its recovering,

(iv) anything which is duly done pursuant to a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000, or which is duly done pursuant to any other statute or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

(9) In any proceedings for an offence under this section it shall not be necessary for the prosecution to prove that any act constituting (whether in whole or in part) the alleged offence was done otherwise than while the defendant was engaged in agriculture, aquaculture, fishing, forestry or turbary.

Exclusion of certain wild animals.

32. —The Minister may, with the prior consent of the Minister for the Marine and Natural Resources, make regulations to provide that an animal of a species of fish or aquatic invertebrate animal specified in the regulations shall be an animal to which the provisions of this Act shall not apply.

Amendment of section 24 (open seasons for certain protected wild birds) of Principal Act.

33. —Section 24 of the Principal Act is hereby amended in subsection (2) by the deletion of the words “by individuals” and the said subsection (2), as so amended, is set out in the Table to this section.

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(2) An order under this section may contain different provisions in relation to different areas and different species of protected wild birds, including provisions limiting the total number of any particular such species which may, during a period of days specified in the order, be killed in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

Amendment of section 25 (open seasons for certain wild mammals) of Principal Act.

34. —Section 25 of the Principal Act is hereby amended in subsection (2) by the deletion of the words “by individuals” and the said subsection (2), as so amended, is set out in the Table to this section.

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(2) An order under this section may contain different provisions in relation to different areas and different species of exempted wild mammals, including provisions limiting the total number of any particular species of such mammal which may, during a period of days specified in the order, be killed in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

Amendment of section 26 (licences to hunt otters or deer and to hunt or course hares) of Principal Act.

35. —Section 26 of the Principal Act is hereby amended by the repeal of subsection (1)(i).