Part IIINature conservation and wildlife protection

Enforcement of wildlife legislation

81Enforcement of wildlife legislation

(1)

Schedule 12 to this Act (which contains amendments relating to offences and enforcement powers under Part I of the 1981 Act) has effect.

(2)

In relation to England and Wales, regulations under section 2(2) of the M1European Communities Act 1972 (“the 1972 Act”) for the purpose of implementing any of the instruments mentioned in subsection (3) may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

(3)

Those instruments are—

(a)

Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC;

(b)

Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein; and

(c)

Commission Regulation 939/97/EC on the implementation of the Council Regulation mentioned in paragraph (b).