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URL: http://www.bailii.org/wales/legis/num_reg/2009/wsi_20090780_en_1.html

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The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009

Made

24 March 2009

Laid before the National Assembly for Wales

26 March 2009

Coming into force

23 April 2009

For the purposes of section 26(4)(a) of the Wildlife and Countryside Act 1981(1) the Welsh Ministers consider that no local authority is affected by this Order.

The Welsh Ministers have –

(a) in accordance with that provision, given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order;

(b) in accordance with section 26(4)(b) of the Wildlife and Countryside Act 1981, consulted with the Joint Nature Conservation Committee, being the advisory body(2) which the Welsh Ministers consider is best able to advise as to whether this Order should be made.

In exercise of the powers conferred by section 22(1) of the Wildlife and Countryside Act 1981(3), the Welsh Ministers(4) make the following Order:

Title, commencement and application

1. The title of this Order is the Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009, it comes into force on the 23 April 2009 and applies in relation to Wales.

Variation of Schedule 4

2.–(1) Schedule 4(5) to the Wildlife and Countryside Act 1981 (birds which must be registered and ringed if kept in captivity) is amended as follows.

(2) The following birds are omitted–

Common name Scientific name
Bunting, Cirl Emberiza cirlus
Bunting, Lapland Calcarius lapponicus
Bunting, Snow Plectrophenax nivalis
Eagle, Adalbert's Aquila adalberti
Eagle, Great Philippine Pithecophaga jefferyi
Eagle, Imperial Aquila heliaca
Eagle, New Guinea Harpyopsis novaeguineae
Chough Pyrrhocorax pyrrhocorax
Crossbills (all species) Loxia spp
Falcon, Barbary Falco pelegrinoides
Falcon, Gyr Falco rusticolus
Fieldfare Turdus pilaris
Firecrest Regulus ignicapillus
Fish-Eagle, Madagascar Haliaeetus vociferoides
Forest-Falcon, Plumbeous Micrastur plumbeus
Harrier, Hen Circus cyaneus
Hawk, Galapagos Buteo galapagoensis
Hawk, Grey-backed Leucopternis occidentalis
Hawk, Hawaiian Buteo solitarius
Hawk, Ridgway's Buteo ridgwayi
Hawk, White-necked Leucopternis lacernulata
Hawk-Eagle, Wallace's Spizaetus nanus
Hobby Falco subbuteo
Honey-Buzzard, Black Henicopernis infuscatus
Kestrel, Lesser Falco naumanni
Kestrel, Mauritius Falco punctatus
Kite, Red Milvus, milvus
Oriole, Golden Oriolus, oriolus
Redstart, Black Phoenicurus ochruros
Redwing Turdus iliacus
Sea-Eagle, Pallas' Haliaeetus leucoryphus
Sea-Eagle, Steller's Haliaeetus pelagicus
Serin Serinus serinus
Serpent-Eagle, Andaman Spilornis elgini
Serpent-Eagle, Madagascar Eutriorchis astur
Serpent-Eagle, Mountain Spilornis kinabaluensis
Shorelark Eremophila alpestris
Shrike, Red-backed Lanius collurio
Sparrowhawk, Gundlach's Accipiter gundlachi
Sparrowhawk, Imitator Accipiter imitator
Sparrowhawk, New Britain Accipiter brachyurus
Sparrowhawk, Small Accipiter nanus
Tit, Bearded Panurus biarmicus
Tit, Crested Parus cristatus
Warbler, Cetti's Cettia cetti
Warbler, Dartford Sylvia undata
Warbler, Marsh Acrocephalus palustris
Warbler, Savi's Locustella luscinioides
Woodlark Lullula arborea
Wryneck Jynx torquilla

(3) The words "Any bird one of whose parents or other lineal ancestor was a bird of a kind specified in the foregoing provisions of this Schedule" are omitted.

Revocation

3. Article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 is revoked.

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

24 March 2009

Explanatory Note

(This note is not part of the Order)

Section 7 of the Wildlife and Countryside Act 1981 ("the Act"), together with Regulations made under that section, provide for the registration and ringing or marking of birds that are kept in captivity and are listed in Schedule 4 to the Act.

Article 3 of this Order removes the birds listed in that article from Schedule 4 to the Act. It also removes the reference to hybrids so that Schedule 4 no longer includes hybrids of the species of birds in the list.

From the coming into force of this Order, the birds included in Schedule 4 to the Act will be –

Common name Scientific name
Buzzard, Honey Pernis apivorus
Eagle, Golden Aquila chrysaetos
Eagle, White-tailed Haliaeetus albicilla
Falcon, Peregrine Falco peregrinus
Goshawk Accipiter gentilis
Harrier, Marsh Circus aeruginosus
Harrier, Montagu's Circus pygargus
Merlin Falco columbarius
Osprey Pandion haliaetus

Article 4 contains a consequential revocation of Article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151).

A Regulatory Impact Assessment of the effect that this instrument will have to the costs of business and the voluntary sector has been prepared in respect of this Order. A copy of the Impact Assessment can be obtained from the Department for Environment, Sustainability and Housing. Nature, Access and Marine Unit, Crown Buildings, Northgate Street Aberystwyth, or viewed on the National Assembly for Wales website – www.assemblywales.org.

(1)

1981 c. 69. Back [1]

(2)

See the definition of "advisory body" in sections 23(3) and 27(1) of the Wildlife and Countryside Act 1981. The Joint Nature Conservation Committee was established under section 128(4) of the Environmental Protection Act 1990 (c. 43) and continues in existence (albeit reconstituted) under section 31 of the Natural Environment and Rural Communities Act 2006 (c. 16). Back [2]

(3)

Section 22(1) of the Wildlife and Countryside Act 1981 was amended by sections 47(1) and (5) of the Natural Environment and Rural Communities Act 2006. Back [3]

(4)

The powers of the Secretary of State under section 22(1) of the Wildlife and Countryside Act 1981 were transferred to the National Assembly for Wales by Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and thereafter transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Back [4]

(5)

Schedule 4 was amended by the Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151). Back [5]



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