Wildlife and Natural Environment Act (Northern Ireland) 2011

Legislation Crest

N.I.

Wildlife and Natural Environment Act (Northern Ireland) 2011

2011 CHAPTER 15

An Act to make provision about biodiversity; to amend the Wildlife (Northern Ireland) Order 1985 and Part 4 of the Environment (Northern Ireland) Order 2002; to abolish game licences and game dealers' licences; to prohibit hare coursing events; to amend the Game Preservation Act (Northern Ireland) 1928; and for connected purposes.

[29th March 2011]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

BiodiversityN.I.

Duty to conserve biodiversityN.I.

1—(1) It is the duty of every public body, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions.

(2) In complying with subsection (1), a public body must in particular have regard to any strategy designated under section 2(1).

(3) Conserving biodiversity includes—

(a)in relation to any species of flora or fauna, restoring or enhancing a population of that species;

(b)in relation to any type of habitat, restoring or enhancing the habitat.

(4) The Department must issue guidance containing recommendations, advice and information for the assistance of public bodies in complying with the duty under subsection (1).

(5) In this section “public body” means—

(a)a Northern Ireland department;

(b)a district council;

(c)a statutory undertaker within the meaning of the Planning (Northern Ireland) Order 1991 (NI 11);

(d)any other body established or constituted under a statutory provision.

The biodiversity strategyN.I.

2—(1) The Department must designate one or more strategies for the conservation of biodiversity (whether prepared by the Department or by one or more other persons).

(2) The Department must publish any strategy so designated.

(3) A strategy so designated may include different provision for different cases or types of case.

(4) The Department must—

(a)not later than 5 years after the coming into operation of subsection (1), and

(b)at least once in every period of 5 years thereafter,

publish a report regarding the implementation of any strategy designated under that subsection.

Biodiversity listsN.I.

3—(1) The Department must publish a list of the species of flora and fauna and types of habitat which in the Department's opinion are of principal importance for the purpose of conserving biodiversity.

(2) The Department must—

(a)keep under review any list published under this section;

(b)make such revisions of any such list as appear to the Department appropriate; and

(c)publish any list so revised as soon as reasonably practicable after revising it.

(3) Without prejudice to section 1(1) and (2), a public body must—

(a)take such steps as appear to the body to be reasonably practicable to further the conservation of the species of flora and fauna and types of habitat included in any list published under this section; or

(b)promote the taking by others of such steps.

(4) In this section “public body” has the same meaning as in section 1.

Amendments to the Wildlife OrderN.I.

Protection of nests of certain birdsN.I.

Offences: recklessnessN.I.

Offences: causing or permitting unlawful actsN.I.

Defences in relation to offences under Article 4N.I.

Disqualification for registrationN.I.

Protection of certain wild animals from disturbanceN.I.

SnaresN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection of wild plantsN.I.

Introduction of new speciesN.I.

Prohibition on sale, etc. of invasive, non-native speciesN.I.

Possession of pesticides harmful to wildlifeN.I.

Licences under Article 18N.I.

Shooting of certain deerN.I.

Licences relating to deerN.I.

Offences: possession of articles for purposes of committing offencesN.I.

EnforcementN.I.

Powers of constable in connection with samplesN.I.

Enforcement: wildlife inspectorsN.I.

Time limit for prosecution of summary offencesN.I.

PenaltiesN.I.

Application to the CrownN.I.

Review of Schedules to the Wildlife OrderN.I.

Amendments to Schedules 1 to 9 to the Wildlife OrderN.I.

Reduction in close seasons for female deerN.I.

Areas of special scientific interestN.I.

Public body: duties in relation to authorising operationsN.I.

29—(1) Article 40 of the Environment Order (public bodies: duties in relation to authorising operations) is amended as follows.

(2) In paragraph (6) before sub-paragraph (a) insert—

(aa)shall, in granting permission, impose conditions sufficient to ensure that the requirements set out in paragraph (6A) are complied with;.

(3) After paragraph (6) insert—

(6A) The requirements are—

(a)that the operations are carried out in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological, physiographical or other features by reason of which the ASSI is of special scientific interest; and

(b)that the site will be restored to its former condition, so far as is reasonably practicable, if any such damage does occur.”..

Agreements concerning land adjacent to an ASSIN.I.

30  In Article 43(1) of the Environment Order (agreements concerning land adjacent to an ASSI) for “adjacent to” substitute “ which is not within ”.

Offences in connection with ASSIN.I.

31—(1) Article 46 of the Environment Order (offences) is amended as set out in subsections (2) to (4).

(2) After paragraph (5) insert—

(5A) A public body which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which an ASSI is of special interest—

(a)without first complying with Article 40(2), or

(b)where relevant, without first complying with Article 40(4) or (6),

is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

(5B) For the purposes of paragraph (5A), it is a reasonable excuse in any event for a public body to permit the carrying out of an operation without first complying with Article 40(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to the Department as soon as practicable after the permission was given..

(3) After paragraph (6) insert—

(6A) A person (other than a public body acting in the exercise of its functions) who without reasonable excuse—

(a)intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which land is of special scientific interest, or

(b)intentionally or recklessly disturbs any of those fauna,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale..

(4) In paragraph (7) after “(6)” insert “ or (6A) ”;

(5) In Article 47 of the Environment Order (restoration following offence under Article 46), in paragraph (1)(b), after “46(6)” insert “ or (6A) ”.

Notification of change of owner or occupierN.I.

32  After Article 46 of the Environment Order insert—

Notification of change of owner or occupier

46A(1) This Article applies where the owner of land included in an ASSI—

(a)disposes of an interest in the land; or

(b)becomes aware that it is occupied by an additional or a different occupier.

(2) If this Article applies, the owner shall send a notice to the Department before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

(3) The notice is to specify the land concerned and—

(a)in a case falling within paragraph (1)(a), the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or

(b)in a case falling within paragraph (1)(b), the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner's knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.

(4) A person who fails without reasonable excuse to comply with the requirements of this Article is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) For the purposes of paragraph (1), an owner “disposes of” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage..

Notices and signs relating to ASSIsN.I.

33—(1) After Article 46A of the Environment Order (inserted by section 32) insert—

Notices and signs relating to ASSIs

46B(1) The Department may, on any land included in an ASSI, put up and maintain notices or signs relating to the site.

(2) The Department may remove any notice or sign put up under paragraph (1).

(3) Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under paragraph (1) is guilty of an offence.

(4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale..

(2) In Article 44(1) of the Environment Order (powers of entry) after sub-paragraph (l) insert—

(la)to put up, maintain or remove notices or signs under Article 46B;.

Effect of failure to serve certain notices in connection with ASSIN.I.

34  After Article 48 of the Environment Order insert—

Effect of failure to serve certain notices

48A(1) This Article applies where the Department—

(a)has (whether before or after the commencement of this Article) taken all reasonable steps to ensure that, under any provision listed in paragraph (2), notice is served on every owner and occupier of any land to which the notice relates, but

(b)has failed to do so.

(2) The provisions are—

(a)Article 28(3)(b) (declaration of ASSI);

(b)Article 28(6)(c) (confirmation or rescission of declaration of ASSI);

(c)Article 29(3)(b) (variation of ASSI);

(d)Article 29(5)(c) (confirmation or rescission of variation of ASSI);

(e)Article 30(4)(b) (declaration of additional land to be included in ASSI);

(f)Article 30(7)(c) (confirmation or rescission of declaration of additional land);

(g)Article 31(1)(b) (denotification);

(h)Article 31(4)(c) (confirmation or rescission of denotification).

(3) The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

(4) For the purposes of this Part, the time when the notice is to be treated as having been served is the time when the Department took the last of the steps referred to in paragraph (1)(a).

(5) If the Department becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

(6) Nothing in paragraph (3) or (4) renders the owner or occupier liable—

(a)in relation to anything done or omitted to be done before the coming into operation of this Article, or

(b)under Article 46(1) or 46A(4) in relation to anything done or omitted to be done before the copy of any relevant notice is served under paragraph (5)..

GameN.I.

Abolition of game licences and game dealers' licencesN.I.

35  Part 4 of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c. 11) (game licences and game dealers' licences) shall cease to have effect.

Sale of gameN.I.

36—(1) In the Game Preservation Act (Northern Ireland) 1928 (c. 25) after section 7 insert—

7AA    Sale of game taken unlawfully

(1) A person is guilty of an offence if he sells or offers or exposes for sale or has in his possession or transports for the purposes of sale any game—

(a)which has been taken or killed in circumstances which constitute an offence under this Act, any of the enactments listed in the Schedule or the Wildlife (Northern Ireland) Order 1985; and

(b)which that person knows or has reason to believe has been so taken or killed.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both..

(2) In the Game Act 1831 (c. 32), section 4 (offence of buying, selling or possessing birds of game after 10 days after expiration of season for killing, etc.) shall cease to have effect.

(3) In the Game Preservation Act (Northern Ireland) 1928 (c. 25), the following provisions shall cease to have effect—

(a)section 5 (marking of game in transit);

(b)section 7(4) (offence to buy or sell game during close season).

(4) In the Wildlife Order, Article 23(1) (dealing in venison by unlicensed person) shall cease to have effect.

Special protection for gameN.I.

37—(1) The Game Preservation Act (Northern Ireland) 1928 is amended as follows.

(2) In section 7 (close seasons) after subsection (3) insert—

(3A) If it appears to the Department expedient that any game birds should be protected during any period outside the close season for those birds, the Department may make an order with respect to the whole or any specified part of Northern Ireland declaring any period (which shall not in the case of any order exceed 14 days) as a period of special protection for those birds.

(3B) This section shall have effect as if any period of special protection declared under subsection (3A) for any game birds formed part of the close season for those birds.

(3C) Before making an order under subsection (3A) the Department shall consult a person appearing to the Department to be a representative of persons interested in the shooting of game birds of the species proposed to be protected by the order..

(3) In section 7C(1) (special protection order for game) after “purchase” insert “ or possession ”.

Hare coursingN.I.

38—(1) A person commits an offence if he—

(a)participates in a hare coursing event,

(b)attends a hare coursing event,

(c)knowingly facilitates a hare coursing event,

(d)permits land which belongs to him to be used for the purposes of a hare coursing event,

(e)nets hares for the purpose of a hare coursing event,

(f)transports hares for the purpose of a hare coursing event, or

(g)holds hares for the purpose of a hare coursing event.

(2) Each of the following persons commits an offence if a dog participates in a hare coursing event—

(a)any person who enters the dog for the event,

(b)any person who permits the dog to be entered, and

(c)any person who controls or handles the dog in the course of or for the purposes of the event.

(3) A “hare coursing event” is a competition in which dogs are, by the use of live hares, assessed as to skill in hunting hares.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

SupplementaryN.I.

Minor and consequential amendments and repealsN.I.

39—(1) The statutory provisions set out in Schedule 2 have effect subject to the minor and consequential amendments specified in that Schedule.

(2) The statutory provisions set out in Schedule 3 are repealed to the extent specified in the second column of that Schedule.

CommencementN.I.

40—(1) The preceding sections of this Act (and the Schedules) come into operation on such day or days as the Department may by order appoint.

(2) An order under subsection (1) may contain such transitional or saving provisions as the Department thinks appropriate.

Subordinate Legislation Made

P1S. 40(1) power partly exercised: 13.6.2011 appointed by S.R. 2011/215, art. 2;

17.8.2011 appointed by S.R. 2011/285, art. 2, Sch.

InterpretationN.I.

41  In this Act—

the Department” means the Department of the Environment;

the Environment Order” means the Environment (Northern Ireland) Order 2002 (NI 7);

statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

the Wildlife Order” means the Wildlife (Northern Ireland) Order 1985 (NI 2).

Short titleN.I.

42  This Act may be cited as the Wildlife and Natural Environment Act (Northern Ireland) 2011.

SCHEDULES

Section 27.

SCHEDULE 1N.I.AMENDMENTS TO SCHEDULES TO THE WILDLIFE ORDER

1  Schedules 1 and 2 and 4 to 9 to the Wildlife Order are amended as follows.N.I.

2—(1) Schedule 1 (birds which are protected by special penalties) is amended as follows.N.I.

(2) In Part 1 at the appropriate places in alphabetical order insert the following entry—

Common name Scientific name
Cuckoo Cuculus canorus
Curlew Numenius arquata
Dove, Stock Columba oenas
Egret, Little Egretta garzetta
Flycatcher, Spotted Musciapa striata
Gull, Mediterranean Larus melanocephalus
Gyrfalcon Falco rusticolus
Hobby Falco subbuteo
Kite, Red Milvus milvus
Lapwing Vanellus vanellus
Martin, Sand Riparia riparia
Owl, Snowy Bubo scandiacus
Puffin Fratercula arctica
Redshank Tringa totanus
Shearwater, Manx Puffinus puffinus
Sparrow, Tree Passer montanus
Whinchat Saxicola rubetra
Whitethroat, Lesser Sylvia curruca
Yellowhammer Emberiza citrinella

(3) In Part 1 omit the following entries—

Common name Scientific name
Fieldfare Turdus pilaris
Firecrest Regulus ignicapillus
Phalarope, Red–necked Phalaropus lobatus
Tit, Bearded Panurus biarmicus

3—(1) Schedule 2 (birds which may be taken or killed) is amended as follows.N.I.

(2) In Part 1 at the appropriate places in alphabetical order insert the following entry—

Common name Scientific name
Duck, Ruddy Oxyura jamaicensis

(3) In Part 1 omit the following entry—

Common name Scientific name
Curlew Numenius arquata

4—(1) Schedule 4 (birds which may be shown for competition purposes) is amended as follows.N.I.

(2) At the appropriate places in alphabetical order insert the following entries—

Common name Scientific name
Blackbird Turdus merula
Crossbill (all species) Loxia (all species)
Dunnock Prunella modularis
Hawfinch Coccothraustes coccothraustes
Redstart Phoenicurus phoenicurus
Stonechat Saxicola torquata
Thrush, Mistle Turdus viscivorus
Thrush, Song Turdus philomelos
Tit, Blue Cyanistes caeruleus
Tit, Coal Periparus ater
Tit, Great Parus major
Tit, Long tailed Aegithalos caudatus
Tit, Marsh Poecile palustris
Wagtail, Pied Motacilla alba yarrelli
Wagtail, Yellow Motacilla flava
Waxwing Bombycilla garrulus

5—(1) Schedule 5 (animals which are protected at all times) is amended as follows.N.I.

(2) At the appropriate places in alphabetical order insert the following entries—

Common name Scientific name
Butterfly, Real's Wood White Leptidea reali
Crayfish, White-Clawed Austropotamobius pallipes
Damselfly, Irish Coenagrion lunulatum
Lobster, Spiny Palinurus elaphus
Mussel, Fan Atrina fragilis
Seahorse, Short Snouted Hippocampus hippocampus
Seahorse, Spiny Hippocampus guttulatus
Skate, Common (in respect of Article 10(1) only and with respect to coastal waters only) Dipturus batis
Shark, Angel (in respect of Article 10(1) only and with respect to coastal waters only) Squatina squatina
Shark, Basking Cetorhinus maximus

(3) After the Note at the end of the Schedule insert— “ Note 2. In this Schedule “coastal waters” means the part of the territorial waters adjacent to Northern Ireland which is not more than 6 nautical miles from the baselines from which the breadth of those waters is measured; and “nautical mile” means an international nautical mile of 1,872 metres. ”.

6—(1) Schedule 6 (animals which may not be taken or killed by certain methods) is amended as follows.N.I.

(2) At the appropriate places in alphabetical order insert the following entries—

Common name Scientific name
Crayfish, White-Clawed Austropotamobius pallipes
Lobster, Spiny Palinurus elaphus
Mussel, Fan Atrina fragilis
Seahorse, Short Snouted Hippocampus hippocampus
Seahorse, Spiny Hippocampus guttulatus
Shark, Basking Cetorhinus maximus
Shrew, Pygmy Sorexminutus

7—(1) Schedule 7 (animals which may not be sold alive or dead at any time) is amended as follows.N.I.

(2) At the appropriate places in alphabetical order insert the following entries—

Common name Scientific name
Butterfly, Real's Wood White Leptidea reali
Crayfish, White-Clawed Austropotamobius pallipes
Damselfly, Irish Coenagrion lunulatum
Lobster, Spiny Palinurus elaphus
Mussel, Fan Atrina fragilis
Seahorse, Short Snouted Hippocampus hippocampus
Seahorse, Spiny Hippocampus guttulatus
Shark, Basking Cetorhinus maximus

(3) Omit the following entry—

Common name Scientific name
Fox Vulpes vulpes

8—(1) Schedule 8 (plants which are protected) is amended as follows.N.I.

(2) In Part 1 at the appropriate places in alphabetical order insert the following entries—

Common name Scientific name
Beak–sedge, Brown Rhynchospora fusca
Birds-foot Ornithopus perpusillus
Bristle-moss, Spruce's Orthotrichum sprucei
Burnet, Great Sanguisorba officinalis
Clubmoss, Alpine Diphasiastrum alpinum
Clubmoss, Marsh Lycopodiella inundata
Clubmoss, Stag's Horn Lycopodium clavatum
Cranesbill, Meadow Geranium pratense
Dodder Cuscuta epithymum
Feather-moss, Elegant Eurhynchiastrum pulchellum
Fern, Parsley Cryptogramma crispa
Figwort, Green Scrophularia umbrosa
Gentian, Autumn Gentianella amarella
Henbane Hyoscyamus niger
Hornwort, Soft Ceratophyllum submersum
Jelly-lichen, River Collema dichotomum
Juniper Juniperus communis
Lichen Enterographa elaborata
Lichen Lobaria virens
Meadow-rue, Alpine Thalictrum alpinum
Notchwort, Ragged Leiocolea heterocolpos
Orchid, Dense-flowered Neotinea maculata
Orchid, Lapland Marsh Dactylorhiza lapponica
Orchid, Narrow-leaved Marsh Dactylorhiza traunsteineri
Petalwort Petalophyllum ralfsii
Sea-kale Crambe maritima
Sedge, Stiff Carex bigelowii
Small-reed, Wood Calamagrostis epigejos
St John's Wort, Hairy Hypericum hirsutum
Thistle, Melancholy Cirsium heterophyllum
Thread-moss, Slender Orthodontium gracile
Vetch, Wood Bitter Vicia orobus
Wormwood, Sea Seriphidium maritimum

(3) In Part 1, omit the following entries—

Common name Scientific name
Barley, Wood Hordelymus europaeus
Betony Stachys officinalis
Clubmoss, Marsh Lycopodium inundatum
Orchid, Bird's Nest Neottia nidus–avis
Orchid, Narrow-leaved Marsh Dactylorchis traunsteineri
Pea, Marsh Lathyrus palustris
Pillwort Pilularia globulifera
Thistle, Melancholy Cirsium helenioides
Waterwort, Eight–stamened Elatine hydropiper

(4) In Part 2 at the appropriate place in alphabetical order insert the following entry—

Common name Scientific name
Bluebell Hyacinthoides non-scripta

9—(1) Schedule 9 (animals and plants to which Article 15 applies) is amended as follows.N.I.

(2) In Part 1 at the appropriate places in alphabetical order insert the following entries—

Common name Scientific name
Amphipod, Freshwater Crangonyx pseudogracilis
Crayfish, Signal Pacifastacus leniusculus
Crayfish, Narrow-clawed Astacus leptodactylus
Crayfish, Noble Astacus astacus
Crayfish, Spiny-cheek Orconectes limosus
Crayfish, Marbled Procambarus sp.
Deer, Chinese water Hydropotes inermis
Deer, Muntjac Muntiacus reevesi
Deer, Roe Capreolus capreolus
Duck, Mandarin Aix galericulata
Hare, Brown Lepus europaeus
Hedgehog (with respect to islands in territorial waters only) Erinaceus europaeus
Fox (with respect to islands in territorial waters only) Vulpes vulpes
Limpet, Slipper Crepidula fornicata
Mussel, Zebra Dreissena polymorpha
Rat, Common Brown (with respect to islands in territorial waters only) Rattus norvegicus
Sea squirt Didemnum vexillum
Sea squirt, Club Styela clava
Shrimp, Freshwater Gammarus pulex
Shrimp, Freshwater Gammarus tigrinus
Shrimp, Japanese skeleton Caprella mutica
Stoat, Irish (with respect to islands in territorial waters only) Mustela erminea hibernicus

(3) In Part 1 omit the following entries—

Common name Scientific name
Duck, Carolina Wood Aix sponsa
Goshawk Accipiter gentilis
Pheasant, Golden Chrysolophus pictus

(4) In Part 2 at the appropriate places in alphabetical order insert the following entries—

Common name Scientific name
Balsam, Himalayan Impatiens glandulifera.
Bluebell, Spanish Hyacinthoides hispanica
Cabbage, Skunk Lysichiton americanum
Eelgrass, Dwarf Zostera japonica
Fanwort Cabomba caroliniana
Fig, Hottentot Carpobrotus edulis
Honeysuckle, Japanese Lonicera japonica
Kelp, Japanese Undaria pinnatifida
Knotweed, Giant Fallopia sachalinensis
Knotweed, Himalayan Polygonum wallichii
Knotweed, Japanese Fallopia japonica
Leek, Few-flowered Allium paradoxum
Mile-A-Minute Weed Polygonum perfoliatum
Parrot's Feather Myriophyllum aquaticum
Pennywort, Floating Hydrocotyle ranunculoides
Reed, Giant Arundo donax
Rhubarb, Giant Gunnera tinctoria
Salmonberry Rubus spectabilis
Salvinia, Giant Salvinia molesta
Sea-buckthorn Hippophae rhamnoides
Stonecrop, Australian swamp Crassula helmsii
Water Chestnut Trapa natans
Water Fern Azolla filiculoides
Water Lettuce Pistia stratiotes
Water Primrose Ludwigia
Water Soldier Stratiotes aloides
Waterlily, Fringed Nymphoides peltata
Waterweeds (all species) Elodea (all species)
Waterweed, Curly Lagarosiphon major
Waterweed, Large flowered Egeria densa

(5) In Part 2 omit the following entries—

Common name Scientific name
Knotweed Reynoutria sachalinensis
Knotweed, Japanese Reynoutria japonica

(6) After the Note at the end of the Schedule insert— “ Note 2. In this Schedule “territorial waters” means the territorial waters adjacent to Northern Ireland. ”.

Section 39.

SCHEDULE 2N.I.AMENDMENTS

The Game Preservation Act (Northern Ireland) 1928 (c. 25)N.I.

1—(1) Section 2 (police powers to search for game, etc.) is amended as follows.N.I.

(2) Omit subsection (1).

(3) In subsection (2) for the words from the beginning to “read the same” substitute “ If any officer or constable has reasonable grounds to suspect that any person is or has been unlawfully in pursuit of any game, ”.

(4) In subsection (3) omit “demand or”.

2  After section 7F insert—N.I.

7G    Relationship of this Act with Wildlife Order

3  In section 8(1) (penalties for offences) after “this Act” insert “ (except section 7AA) ”.N.I.

4  In section 10(2) (interpretation) for the definition of “game” substitute—N.I.

game” means any hare or game-bird;

game-bird” has the same meaning as in the Wildlife (Northern Ireland) Order 1985;.

The Wildlife (Northern Ireland) Order 1985 (NI 2)N.I.

5—(1) Article 2 (interpretation) is amended as follows.N.I.

(2) In paragraph (2) at the appropriate place in alphabetical order insert—

inland waters” has the meaning given in Article 2(2) of the Water and Sewerage Services (Northern Ireland) Order 2006;.

(3) In paragraph (2) in the definition of “wild bird” at the end add “ or any game bird ”.

(4) Omit paragraph (3).

6  In Article 5(6)(a)(iii) (exceptions to Article 4) for “or fisheries” substitute “ , fisheries or inland waters ”.N.I.

7  In Article 6(5) (prohibition of certain methods of taking or killing wild birds) for “permits or suffers” substitute “ knowingly causes or permits ”.N.I.

8—(1) Article 7 (sale of wild birds, eggs, etc.) is amended as follows.N.I.

(2) In paragraph (5)(a) for “for which a special penalty is provided” substitute “ to which paragraph (5A) applies ”.

(3) After paragraph (5) insert—

(5A) The offences falling within this paragraph are —

(a)any offence under Article 4(1), (2) or (6) in respect of—

(i)a bird included in Schedule A1 or 1 or any part of, or anything derived from, such a bird,

(ii)the nest of such a bird, or

(iii)an egg of such a bird or any part of such an egg;

(b)any offence under Article 6(1);

(c)any offence under Article 7 in respect of—

(i)a bird included in Schedule A1 or 1 or any part of, or anything derived from, such a bird, or

(ii)an egg of such a bird or any part of such an egg;

(d)any offence under Article 9..

9  In Article 9(2)(protection of captive birds) at the end of sub-paragraph (b) insert “ or ”.N.I.

10  In Article 10(5) (protection of certain wild animals) after “or (2)” insert “ or for an offence under paragraph (4B) relating to an act which is mentioned in paragraph (1) or (2) ”.N.I.

11—(1) Article 11 (exceptions to Article 10) is amended as follows.N.I.

(2) In paragraph (3)(a) after “fisheries” insert “ or inland waters ”.

(3) Omit paragraph (4).

12  In Article 12(6) (prohibition of certain methods of taking or killing wild animals) for “permits or suffers” substitute “ knowingly causes or permits ”.N.I.

13—(1) Article 13 (sale of wild animals) is amended as follows.N.I.

(2) In paragraph (3) for “to (7)” substitute “ to (5A) ”.

(3) In paragraph (4) after “or (2)” insert “ or for an offence under paragraph (2A) relating to an act which is mentioned in paragraph (1)(a) or (2)(a) ”.

14  In Article 14(4) (protection of wild plants) after “(2)(a)” insert “ or for an offence under paragraph (3A) relating to an act which is mentioned in paragraph (2)(a) ”.N.I.

15—(1) Article 16(1) (wildlife refuges) is amended as follows.N.I.

(2) In paragraph (1)(a) after head (iii) insert—

(iiia)obstructs or prevents any wild bird or wild animal from using its nest or any structure or place which such a bird or animal uses for shelter or protection;.

(3) In paragraph (1)(c) for “the offender shall be liable to a special penalty” substitute “ the offence shall be treated as falling within Article 7(5A) ”.

16  In Article 18 (licences)—N.I.

(a)in paragraphs (1) and (3) for “and (4)” substitute “ , (4) and (4A) ”;

(b)in paragraph (4) for “and 15” substitute “ , 15 or 15A ”.

17  In Article 27 (penalties)—N.I.

(a)in paragraph (7) for “(2), (3), (4) or (5)” substitute “ or (2) ”;

(b)in paragraph (8)(b) after “15” insert “ or 15A ”.

18—(1) Article 28 (power to vary Schedules) is amended as follows.N.I.

(2) In paragraph (1) for “Schedules 1” substitute “ Schedules A1 ”.

(3) In paragraph (4)—

(a)for “this Part” substitute “ Part 2 ”;

(b)in sub-paragraph (a) for “or Schedule 6” substitute “ , Schedule 6 or Schedule 7 ”.

19  In Article 29(3) (orders) after “any order” insert “ (other than an order under Article 4(10)) ”.N.I.

Section 39.

SCHEDULE 3N.I.REPEALS

PART 1 N.I.WILDLIFE

Short Title Extent of repeal
The Welfare of Animals Act (Northern Ireland) 1972 (c. 7) Section 21.
The Wildlife (Northern Ireland) Order 1985 (NI 2)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) In Schedule 6, paragraph 13.
The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (NI 2) In Schedule 1, paragraph 22.

PART 2 N.I.GAME LICENCES AND GAME DEALERS' LICENCES, ETC.

Short Title Extent of repeal
The Game Act 1831 (c. 32) The whole Act.
The Game Preservation Act (Northern Ireland) 1928 (c. 25)
The Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c. 11) The whole Act.
The Criminal Justice (Northern Ireland) Order 1980 (NI 6) In Schedule 1, paragraph 64.
The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) In Schedule 6, paragraphs 128 to 130.
The Wildlife (Northern Ireland) Order 1985 (NI 2)
The Game Preservation (Amendment) Act (Northern Ireland) 2002 (c. 2) Section 2(5).
The Forestry Act (Northern Ireland) 2010 (c. 10) In section 11(5), the words “game licences or”.

PART 3 N.I.HARE COURSING

Short Title Extent of repeal
The Game Preservation Act (Northern Ireland) 1928 (c. 25)
The Control of Greyhounds etc. Act (Northern Ireland) 1950 (c. 13) Section 5(2).
The Wildlife (Northern Ireland) Order 1985 (NI 2) In Schedule 12, paragraph 3.
The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11) In Article 2(2), in the definition of “bookmaker's licence”, the words “or coursing”.
The Game Preservation (Amendment) Act (Northern Ireland) 2002 (c. 2) Section 1(4).