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

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Welsh Statutory Instruments

2009 No. 780 (W.68)

WILDLIFE, WALES

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 nameScientific name
Bunting, CirlEmberiza cirlus
Bunting, LaplandCalcarius lapponicus
Bunting, SnowPlectrophenax nivalis
Eagle, Adalbert'sAquila adalberti
Eagle, Great PhilippinePithecophaga jefferyi
Eagle, ImperialAquila heliaca
Eagle, New GuineaHarpyopsis novaeguineae
ChoughPyrrhocorax pyrrhocorax
Crossbills (all species)Loxia spp
Falcon, BarbaryFalco pelegrinoides
Falcon, GyrFalco rusticolus
FieldfareTurdus pilaris
FirecrestRegulus ignicapillus
Fish-Eagle, MadagascarHaliaeetus vociferoides
Forest-Falcon, PlumbeousMicrastur plumbeus
Harrier, HenCircus cyaneus
Hawk, GalapagosButeo galapagoensis
Hawk, Grey-backedLeucopternis occidentalis
Hawk, HawaiianButeo solitarius
Hawk, Ridgway'sButeo ridgwayi
Hawk, White-neckedLeucopternis lacernulata
Hawk-Eagle, Wallace'sSpizaetus nanus
HobbyFalco subbuteo
Honey-Buzzard, BlackHenicopernis infuscatus
Kestrel, LesserFalco naumanni
Kestrel, MauritiusFalco punctatus
Kite, RedMilvus, milvus
Oriole, GoldenOriolus, oriolus
Redstart, BlackPhoenicurus ochruros
RedwingTurdus iliacus
Sea-Eagle, Pallas'Haliaeetus leucoryphus
Sea-Eagle, Steller'sHaliaeetus pelagicus
SerinSerinus serinus
Serpent-Eagle, AndamanSpilornis elgini
Serpent-Eagle, MadagascarEutriorchis astur
Serpent-Eagle, MountainSpilornis kinabaluensis
ShorelarkEremophila alpestris
Shrike, Red-backedLanius collurio
Sparrowhawk, Gundlach'sAccipiter gundlachi
Sparrowhawk, ImitatorAccipiter imitator
Sparrowhawk, New BritainAccipiter brachyurus
Sparrowhawk, SmallAccipiter nanus
Tit, BeardedPanurus biarmicus
Tit, CrestedParus cristatus
Warbler, Cetti'sCettia cetti
Warbler, DartfordSylvia undata
Warbler, MarshAcrocephalus palustris
Warbler, Savi'sLocustella luscinioides
WoodlarkLullula arborea
WryneckJynx 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 nameScientific name
Buzzard, HoneyPernis apivorus
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaeetus albicilla
Falcon, PeregrineFalco peregrinus
GoshawkAccipiter gentilis
Harrier, MarshCircus aeruginosus
Harrier, Montagu'sCircus pygargus
MerlinFalco columbarius
OspreyPandion 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.

(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).

(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.

(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).

(5)

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

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