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

Made27th 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) 20111.

Citation and interpretation1.

(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 day2.

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.

Wesley Shannon

A senior officer of the Department of the Environment

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

Article 2

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

Provision	Date of Commencement	S.R.. No.
Section 35	13^th June 2011	S.R. 2011 No. 215 (C. 12)