WILDLIFE AND NATURAL ENVIRONMENT BILL
NOTICE OF AMENDMENTS TABLED ON
11 JUNE 2010 FOR CONSIDERATION STAGE
Clause 1 , Page 1, Line 12
Leave out ‘may’ and insert ‘must’
Minister of the Environment
Clause 2 , Page 2, Line 8
Leave out subsection (4) and insert -
‘(4) The Department must -
(a) not later than 5 years after the coming into operation of subsection (1), and
(b) at least once in every period of 5 years thereafter,
publish a report regarding the implementation of any strategy designated under that subsection.’
Minister of the Environment
Clause 3 , Page 2, Line 20
Leave out ‘the Department’ and insert ‘a public body’
Minister of the Environment
Clause 3 , Page 2, Line 21
Leave out ‘Department’ and insert ‘body’
Minister of the Environment
Clause 3 , Page 2, Line 24
At end insert -
‘(4) In this section “public body” has the same meaning as in section 1.’
Minister of the Environment
Clause 4 , Page 2, Line 37
At end insert -
‘Eagle, White-tailed |
Haliaetus albicilla |
Osprey |
Pandion haliaetus |
Owl, Barn |
Tyto alba |
Peregrine |
Falco peregrinus |
Kite, Red |
Milvus milvus’ |
Minister of the Environment
Clause 9 , Page 4, Line 29
After ‘as’ insert ‘ -
(a) a common seal (phoca vitulina),
(b) a grey seal (halichoerus grypus), or
(c)’
Minister of the Environment
Clause 10 , Page 5, Line 18
At end insert -
‘(2F) Any person who -
(a) uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Department, or
(b) knowingly causes or permits any other person to do so,
shall be guilty of an offence. ”.’
Minister of the Environment
New Clause
After Clause 10 insert -
‘Spring traps
10A -(1) After Article 12 of the Wildlife Order insert -
“Spring traps
12A. - (1) Subject to the provisions of this Part, any person who -
(a) for the purpose of killing or taking any wild animal other than one included in Schedule 6, uses or permits the use of any spring trap other than an approved trap or uses or permits the use of an approved trap in circumstances or for wild animals for which it is not approved; or
(b) sells, or exposes or offers for sale, any spring trap other than an approved trap with a view to its being used for a purpose which is unlawful under sub-paragraph (a); or
(c) has in his possession any spring trap for a purpose which is unlawful under this subsection;
shall be guilty of an offence.
(2) Paragraph (1) does not apply to traps of any description specified by order of the Department as being adapted solely for the destruction of rats, mice or other small ground vermin.
(3) In paragraph (1) any reference to an approved trap is a reference to a trap of a type and make for the time being specified by an order of the Department, either generally or subject to conditions as to the circumstances in which or the wild animals for which it may be used, and any reference to the circumstances or wild animals for which a trap is approved shall be construed accordingly.”.
(2) In Article 18 of the Wildlife Order (power to grant licences) after paragraph (4) insert -
“(4A) Article 12A(1)(a) does not apply to anything done for the purpose of enabling a spring trap to be developed or tested with a view to its being approved under Article 12A(3) if it is done under and in accordance with a licence granted by the Department.”.’
Minister of the Environment
Clause 15
The Minister of the Environment gives notice of his intention to oppose the question that Clause 15 stand part of the Bill.
Minister of the Environment
New Clause
After Clause 15 insert -
‘Shooting of certain deer
15A. In Article 20 of the Wildlife Order (exceptions to Articles 12 and 19) after paragraph (8) insert -
“(8A) An authorised person shall not be guilty of an offence under Article 19(3)(a) if he uses for the purpose of taking or killing or injuring any Chinese water deer (hydropotes inermis) or muntjac deer (muntiacus reevesi) -
(a) a rifle having a calibre of not less than .220 inches and a muzzle energy of not less than 1,000 foot pounds (1,356 joules); and
(b) a soft-nosed or hollow-nosed bullet weighing not less than 50 grains (3.24 grammes).” ’
Minister of the Environment
Clause 26, Page 15, Line 9
Leave out from ‘for’ to end of line 10 and insert ‘for “1st March” in each of the three places where it occurs substitute “1st April”.’
Minister of the Environment
New Clause
After Clause 32 insert -
‘Special protection for game
32A. -(1) The Game Preservation Act ( Northern Ireland) 1928 is amended as follows.
(2) In section 7 (close seasons) after subsection (3) insert -
“(3A) If it appears to the Department expedient that any game birds should be protected during any period outside the close season for those birds, the Department may make an order with respect to the whole or any specified part of Northern Ireland declaring any period (which shall not in the case of any order exceed 14 days) as a period of special protection for those birds.
(3B) This section shall have effect as if any period of special protection declared under subsection (3A) for any game birds formed part of the close season for those birds.
(3C) Before making an order under subsection (3A) the Department shall consult a person appearing to the Department to be a representative of persons interested in the shooting of game birds of the species proposed to be protected by the order.”.
(3) In section 7C(1) (special protection order for game) after “purchase” insert “or possession”.’
Minister of the Environment
Schedule 1 , Page 20, Line 10
At end insert -
‘Curlew |
Numenius arquata’ |
Minister of the Environment
Schedule 1 , Page 20, Line 17
At end insert -
‘Lapwing |
Vanellus vanellus’ |
Minister of the Environment
Schedule 1 , Page 20, Line 20
At end insert -
‘Redshank |
Tringa totanus’ |
Minister of the Environment
Schedule 1 , Page 20, Line 22
At end insert -
‘Whinchat |
Saxicola rubetra’ |
Minister of the Environment
Schedule 1 , Page 21, Line 2
At end insert -
‘(3) In Part 1 omit the following entry -
Common name |
Scientific name |
Curlew |
Numenius arquata’ |
Minister of the Environment
Schedule 1 , Page 21, Line 3
Leave out paragraph 4
Minister of the Environment
Schedule 1 , Page 21, Line 34
After ‘Common’ insert ‘(in respect of Article 10(1) only and with respect to coastal waters only)’
Minister of the Environment
Schedule 1 , Page 24, Line 17
At end insert -
‘Deer, Chinese water |
Hydropotes inermis’ |
Minister of the Environment
Schedule 1 , Page 24, Line 18
At end insert -
‘Deer, Roe |
Capreolus capreolus’ |
Minister of the Environment
Schedule 1 , Page 25
Leave out line 16 and insert -
‘Knotweed, Giant |
Fallopia sachalinensis |
Knotweed, Himalayan |
Polygonum wallichii |
Knotweed, Japanese |
Fallopia japonica’ |
Minister of the Environment
Schedule 2 , Page 26, Line 12
At end insert -
‘1A. After section 7F insert -
“Relationship of this Act with Wildlife Order
7G. Sections 7(1) and (2), 7A(1) and 7D(4) do not have effect in relation to a hare included in Schedule 5 to the Wildlife (Northern Ireland) Order 1985.”.’
Minister of the Environment
Schedule 2 , Page 26, Line 20
Leave out from beginning to ‘(interpretation)’ and insert -
‘4. -(1) Article 2 (interpretation) is amended as follows.
(2) In paragraph (2)’
Minister of the Environment
Schedule 2 , Page 26, Line 23
At end insert -
‘(3) In paragraph (2) in the definition of “wild bird” at the end add “or any game bird”.
(4) Omit paragraph (3).’
Minister of the Environment
Schedule 2 , Page 28, Line 2
At end insert -
‘18. In Article 29(3) (orders) after “any order” insert “(other than an order under Article 4(10))”.’
Minister of the Environment
Schedule 3 , Page 28, Line 7
At end insert -
‘The Welfare of Animals Act Section 21’
( Northern Ireland) 1972 (c. 7)
Minister of the Environment
Schedule 3 , Page 28, Line 7, Column 2
At end insert -
‘Article 2(3).’
Minister of the Environment
Schedule 3 , Page 28, Line 10, Column 2
At end insert -
‘In Article 4(12) the words “Without prejudice to Article 29(3),”.’
Minister of the Environment
Long Title
After ‘game dealers’ licenses’ insert ‘and amend the Game Preservation Act ( Northern Ireland) 1928’
Minister of the Environment