Made | 4th July 2002 | ||
Coming into force | 1 September 2002 |
1. | Citation, commencement and application |
2. | Interpretation |
3. | Prohibition on use of cartridges containing lead shot |
4. | Powers of entry to determine whether any provisions of the Regulations have been broken |
5. | Offences |
6. | Revocation of 2001 Regulations |
Schedule 1 - | Sites of Special Scientific Interest |
Schedule 2 - | Wild Birds in Respect of which the Prohibition on Shooting with Lead Shot Applies |
considers it appropriate to make these Regulations for the purpose of preventing the substances or articles specified in them from causing pollution of the environment and harm to the health of animals and therefore, in exercise of the powers conferred by section 140 of the Environmental Protection Act 1990[3], hereby makes the following Regulations: -
Citation, commencement and application
1.
- (1) These Regulations may be cited as the Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 and come into force on 1 September 2002.
(2) These Regulations apply to Wales.
Interpretation
2.
In these Regulations -
Prohibition on use of cartridges containing lead shot
3.
No person shall use lead shot for the purpose of shooting with a shot gun -
Powers of entry to determine whether any provisions of the Regulations have been broken
4.
- (1) A person who appears suitable to the National Assembly may be authorised in writing by the National Assembly to exercise, in accordance with the terms of the authorisation, any of the powers specified in paragraph (2) below for the purpose of determining whether any provisions of these Regulations have been broken.
(2) The powers which an authorised person may be authorised to exercise under paragraph (1) above are -
(c) to make such examination and investigation as may in the circumstances be necessary;
(d) to take any dead or injured wild bird or to take samples, or to cause samples to be taken, of any articles or substances found in or on any premises which the authorised person has power to enter and to cause any such bird or sample to be analysed or tested;
(e) in the case of any such bird or sample as is mentioned in sub-paragraph (d) above, to take possession of it and to retain it for so long as is necessary for all or any of the following purposes, namely -
(3) Where an authorised person proposes to enter any premises and -
any entry on to those premises by virtue of these regulations shall only be effected under the authority of a warrant by virtue of paragraph (4) below.
(4) If it is shown to the satisfaction of a justice of the peace on sworn information in writing -
the justice may by warrant authorise the National Assembly to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.
(5) The conditions mentioned in sub-paragraph (4)(b) above are -
(6) Every warrant under paragraph (4) above shall continue in force until the purposes for which the warrant was issued have been fulfilled.
(7) An authorised person, or a person designated under paragraph (4) above, shall, (if so requested), produce evidence of the authority or designation.
(8) An authorised person, or a person designated under paragraph (4) above, who, in exercise of any power conferred by this regulation, enters on any premises which are unoccupied or whose occupier is temporarily absent, shall leave the premises secured against trespassers as effectively as before that person entered.
(9) An authorised person, or a person designated under paragraph (4) above, shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any power conferred by this regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
Offences
5.
- (1) Any person who contravenes regulation 3 above or causes or permits another person to contravene that regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Any person who intentionally obstructs a person acting in the exercise of any power under regulation 4 above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Revocation
6.
The 2001 Regulations are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6]
D. Elis-Thomas
The Presiding Officer of the National Assembly
4th July 2002
Site of Special Scientific Interest | Date of Notification under section 28(1) of the Wildlife and Countryside Act 1981 | Location (OS Grid Reference) (see note below) |
Angle Bay | 04/03/1993 | SM883025 |
Beddmanarch-Cymyran | 25/09/1998 | SH275790 |
Broadwater | 13/01/1993 | SH582027 |
Burry Inlet and Loughor Estuary | 25/09/1989 | SS135985 |
Carew and Cresswell Rivers | 04/03/1993 | SN025055 |
Cosheston Pill | 04/03/1993 | SM990036 |
Daugleddau | 04/03/1993 | SN003116 |
Dee Estuary | 23/09/1998 | SJ220800 |
Dyfi | 14/03/1995 | SN635950 |
Flatholm | 10/03/1993 | ST220649 |
Gronant Dunes / Talacre Warren | 29/01/1998 | SJ100847 |
Inner Marsh Farm | 11/02/1995 | SJ307735 |
Laugharne and Pendine Burrows | 18/02/1990 | SN290070 |
Llyn Alaw | 29/03/1985 | SH390865 |
Llyn Syfaddan / Llangorse Lake | 09/02/1983 | SO133265 |
Llyn Traffwll | 18/02/1986 | SH325770 |
Llynnoedd y Fali / Valley Lakes | 22/05/1986 | SH310770 |
Morfa Harlech | 25/05/2001 | SH570660 |
Ynys Llanddwyn / Newborough Warren | 09/03/1995 | SH400640 |
Pembrey Coast | 10/11/1983 | SN316054 |
Pembroke River and Pwll Crochan Flats | 04/03/1993 | SM940025 |
Severn Estuary | 02/02/1989 | ST226758 |
Shotton Lagoon and Reedbeds | 19/10/1999 | SJ298709 |
Sully Island | 16/12/1986 | ST167670 |
Teifi Estuary | 08/12/1997 |
SN158502 SN785675 |
Traeth Lafan | 24/09/1984 | SH630750 |
Whiteford Burrows and Landimore Marsh | 04/04/1984 | SS450955 |
Common Name | Scientific Name |
Coot | Fulica Atra |
Ducks and Geese (all species of each) | Anatidae |
Moorhen | Gallinula chloropus |
Regulation 4 provides for powers of entry and inspection, a power to take samples, and a power to take any dead or injured wild birds, in order to determine whether any provisions of the Regulations have been broken.
Regulation 5 provides that breach of regulation 3, or obstruction of a person exercising any power under regulation 4, is a criminal offence punishable by a fine not exceeding level 3 on the standard scale.
Notifications of sites of special scientific interest under section 28(1) of the Wildlife and Countryside Act 1981 are registered as local land charges (section 28(9) of that Act).
Details of the areas included in the sites of special scientific interest listed in Schedule 1 to the Regulations can be obtained from the Countryside Council for Wales at Plas Penrhos, Ffordd Penrhos, Bangor, Gwynedd, LL57 2LQ.
The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2001 (S.I. 2001/4003 (W.331)), are revoked (regulation 6).
[3] These powers, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999 / 672).back
[4] S.I. 2001 / 4003 (W.331).back