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The Wildlife and Natural Environment (2011 Act) (Commencement No.2) Order (Northern Ireland) 2011

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Statutory Rules of Northern Ireland

2011 No. 285 (C. 20)

Wildlife

The Wildlife and Natural Environment (2011 Act) (Commencement No.2) Order (Northern Ireland) 2011

Made

27th July 2011

The Department of the Environment makes the following Order in exercise of the powers conferred by section 40 of the Wildlife and Natural Environment Act (Northern Ireland) 2011(1).

Citation and interpretation

1.—(1) This Order may be cited as the Wildlife and Natural Environment (2011 Act) (Commencement No.2) Order (Northern Ireland) 2011.

(2) In this Order “the Act” means the Wildlife and Natural Environment Act (Northern Ireland) 2011.

Appointed day

2.  The day appointed for the coming into operation of the provisions of the Act specified in the Schedule is 17th August 2011.

Sealed with the Official Seal of the Department of the Environment on 27th July 2011.

Legal seal

Wesley Shannon

A senior officer of the Department of the Environment

Article 2

SCHEDULEProvisions of the Act coming into operation on 17th August 2011

Provision of the ActSubject matter
Biodiversity
Section 1Duty to conserve biodiversity
Section 2The biodiversity strategy
Section 3Biodiversity lists
Amendments to the Wildlife Order
Section 4Protection of nests of certain birds
Section 5Offences: recklessness
Section 6Offences: causing or permitting unlawful acts
Section 7Defences in relation to offences under Article 4
Section 8Disqualification for registration
Section 9Protection of certain wild animals from disturbance
Section 10Snares
Section 12Protection of wild plants
Section 13Introduction of new species
Section 14Prohibition on sale, etc. of invasive, non-native species
Section 15Possession of pesticides harmful to wildlife
Section 16Licences under Article 18
Section 17Shooting of certain deer
Section 18Licences relating to deer
Section 19Offences: possession of articles for purposes of committing offences
Section 20Enforcement
Section 21Powers of constable on connection with samples
Section 22Enforcement: wildlife inspectors
Section 23Time limit for prosecution of summary offences
Section 24Penalties
Section 25Application to the Crown
Section 26Review of Schedules to the Wildlife Order
Section 27Amendments to Schedules 1 to 9 of the Wildlife Order
Section 28Reduction in close seasons for female deer
Areas of special scientific interests
Section 29Public body: duties in relation to authorising operations
Section 30Agreements concerning land adjacent to an ASSI
Section 31Offences in connection with ASSI
Section 32Notification of change of owner or occupier
Section 33Notices and signs relating to ASSIs
Section 34Effect of failure to serve certain notices in connection with ASSI
Game
Section 36Sale of game
Section 37Special protection for game
Section 38Hare coursing
Section 39Minor and consequential amendments and repeals
Schedule 1Amendments to Schedules to the Wildlife Order
Schedule 2Amendments
Schedule 3: Part 1, except in so far as it relates to the Welfare of Animals Act (Northern Ireland) 1972 (c.7).Repeals: Wildlife
Schedule 3: Part 2Repeals: Game licences and game dealers’ licences, etc
Schedule 3: Part 3Repeals: Hare coursing

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 17th August 2011 as the day for the coming into operation of the following provisions of the Wildlife and Natural Environment Act (Northern Ireland) 2011—

(a)Sections 1 to 3 which introduces a new statutory duty upon government and public bodies to take action to further the conservation of biodiversity;

(b)Sections 4 to 10 and 12 to 28 which make amendments to the Wildlife (Northern Ireland) Order 1985 to provide enhanced protection for wildlife, stronger enforcement powers to deal with wildlife crime and enhanced powers to manage the wild deer population;

(c)Sections 29 to 34 which amend the Environment (Northern Ireland) Order 2002 to enhance protection of areas of special scientific interest;

(d)Section 36 which removes restrictions on when legally taken game can be sold and Section 37 which gives the Department a power to give special protection to game birds during the hunting season;

(e)Section 38 which prohibits hare coursing; and

(f)Section 39 which deals with consequential amendments to existing statute and repeals.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provision of the Wildlife and Natural Environment Act (Northern Ireland) 2011 has been brought into operation by commencement order made before the date of this Order.

ProvisionDate of CommencementS.R.. No.

Section 35

13th June 2011

S.R. 2011 No. 215 (C. 12)

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