Wildlife
(Jersey) Law 2021
A LAW to make provision relating to
the conservation and protection of wild animals, birds and plants, and the
promotion of biodiversity in Jersey, and for connected purposes
Adopted
by the States 9th February 2021
Sanctioned
by Order of Her Majesty in Council 26th May 2021
Registered by the Royal Court 28th May 2021
Coming into force 4th June 2021
THE STATES, subject to the sanction of Her Most
Excellent Majesty in Council, have adopted the following Law –
part 1
interpretation,
purpose and application
1 Interpretation: general
(1) In
this Law –
“animal”, unless otherwise
indicated or required by the context, includes an invertebrate animal;
“breeding site” refers to the
breeding site of a species of protected wild animal listed in Schedule 4 or of
a species of protected wild bird listed in Schedule 5;
“captive bred” has the
meaning given by Article 3(2);
“deliberately” is to be
construed in accordance with paragraph (3);
“den” includes any roost,
lair or burrow or other place used by a wild animal as a place of refuge, protection
or shelter;
“disturb” means do any act,
or carry out any activity, which in fact does, or might reasonably be foreseen
to –
(a) impair the ability of the
wild animal or wild bird in question –
(i) to survive, to breed or reproduce, to rear
or nurture offspring, or
(ii) in the case of a
hibernating or migratory species, to hibernate or migrate; or
(b) affect significantly the
local distribution or abundance of a species;
“INN species” means an
invasive non-native species as further defined by Article 25;
“licence”, unless otherwise
indicated, means a licence granted by the Minister under Part 5;
“Minister” means the Minister
for the Environment;
“plant”, unless otherwise
indicated or required by the context, includes –
(a) any algae, fungus or
lichen; and
(b) any material from which a
plant may be propagated at any stage of its biological cycle, including bulbs,
corms, rhizomes, seeds and spores;
“premises” includes land;
“prescribed” means prescribed
by the Minister by Order;
“protected wild animal” means a wild animal of
a species specified in Schedule 1;
“protected wild bird” means a
wild bird of a species specified in Schedule 2;
“protected wild plant” means a
wild plant of a species specified in Schedule 8;
“resting site” refers to the
resting site of a species of protected wild animal listed in Schedule 4 or of a
species of protected wild bird listed in Schedule 5;
“species” may include a
subspecies or lower taxon of animal, bird or plant;
“species control agreement”
means an agreement under Article 29;
“species control operations”
has the meaning given by Article 29(5);
“species control order” means
an order under Article 30;
“standard penalty” means
imprisonment for a term of 2 years and a fine;
“vehicle” includes a ship,
boat or other seagoing vessel;
“wild animal” and “wild bird”
have the meanings given by Article 3;
“wild plant” has the meaning
given by Article 4.
(2) In
this Law –
(a) a reference –
(i) to an animal or bird of any kind includes,
unless otherwise indicated or required by the context, reference to an egg,
larva, pupa, or other immature stage of an animal or bird of that kind, and
(ii) to an egg includes,
unless otherwise indicated or required by the context, reference to an egg of
any oviparous species; and
(b) where a scientific name
and a common name are given for any animal, bird or plant, the common name is
included by way of guidance only and, in the event of any dispute or
proceedings, the common name is to be disregarded.
(3) For
the purposes of this Law a person acts deliberately if –
(a) he or she intended his or
her act to have a result which in fact occurred and is prohibited by this Law;
(b) he or she was aware that,
unless reasonable precautions were taken –
(i) his or her act presented a serious risk of
a result prohibited by this Law occurring in relation to wild animals, wild
birds or plants of the species in question, and
(ii) being so aware, failed
to take such precautions; or
(c) he or she was aware that
his or her act presented a serious risk of a result prohibited by this Law
occurring in relation to such animals, birds or plants, even if reasonable
precautions were taken,
and in this paragraph
“reasonable precautions” means steps that were reasonable, in the circumstances
known to the person, for the person to take to reduce the risk of his or her
actions giving rise to a result prohibited by this Law.
(4) In
this Law, a reference to advertisement or publication includes reference to
advertisement or publication by means of the internet or other electronic
means.
2 General purpose of this Law
(1) The
purpose of this Law is the conservation of wildlife in particular, and the
promotion of the conservation of biodiversity generally, in Jersey.
(2) For
the purpose set out in paragraph (1), every public body, in exercising a
function conferred by an enactment, must have regard to promoting the
conservation of biodiversity, so far as is consistent with the proper exercise
of the function.
(3) In
complying with the duty imposed by paragraph (1), a public body must have
regard to –
(a) any strategy designated
by the Minister under Article 34;
(b) any guidance issued by
the Minister under Article 51; and
(c) the United Nations
Convention on Biological Diversity of 5 June 1992 as amended from time to
time (or any United Nations Convention replacing that Convention).
(4) In
this Article –
“conservation of
biodiversity” includes, without limitation to the generality of that
expression –
(a) in relation to any
species of animal, bird or plant, restoring or enhancing a population of that
species; and
(b) in relation to any
habitat of such a species, restoring or enhancing that habitat;
“public body” means any
person, certain of whose functions are functions of a public nature.
3 Interpretation: “wild animal” and "wild
bird"
(1) A
wild animal or wild bird for the purposes of this Law is an animal or bird, as
the case may be, which is not captive bred and which –
(a) is of a species naturally
occurring in the wild in Jersey; or
(b) is, or before being
killed or taken was, living wild in Jersey,
or both.
(2) Subject
to paragraph (3), an animal or bird is captive bred if it is bred –
(a) in captivity, using
animals or birds which are themselves lawfully in captivity; or
(b) using gametes which are
lawfully obtained and kept.
(3) Where
a captive bred animal or bird which fulfils the description in paragraph (2)
is living wild in Jersey as a result of being lawfully released from captivity,
the animal or bird (and any of its offspring living wild) is to be regarded as
a wild animal or wild bird for the purposes of this Law.
(4) In
paragraph (3), an animal or bird is “lawfully released” if it is –
(a) released under and in
accordance with a licence, and in particular for the purpose of re-population
or re-introduction into Jersey of animals or birds of that species; or
(b) an animal or bird of a species
listed in Schedule 12.
(5) An
animal or bird of any species listed in a Schedule to this Law and found to be
in the possession of any person is presumed, for the purposes of this Law, to
be a wild animal or wild bird, unless the person proves that the animal or
bird –
(a) is lawfully in that
person’s possession; and
(b) is captive bred.
4 Interpretation: “wild plant”
(1) A
wild plant for the purposes of this Law is a plant which is not a cultivated
plant, and which –
(a) is of a species naturally
occurring in the wild in Jersey; or
(b) is growing, or before the
occurrence of any act which constitutes an offence under this Law relating to a
wild plant was growing, or has at any time grown, wild in Jersey,
or both.
(2) A
plant is cultivated if it is not derived from the wild in Jersey nor
propagated, whether in or outside Jersey, from plant parts derived from the
wild in Jersey.
(3) In
proceedings for an offence under this Law relating to a wild plant, the plant
in question is presumed to be a wild plant unless the contrary is shown.
5 Protections conferred by this Law
(1) The
Schedules to this Law have effect to specify, respectively –
(a) in Schedule 1,
species of wild animals which are protected;
(b) in Schedule 2,
species of wild birds which are protected;
(c) in Schedule 3,
species of wild animals and wild birds whose dens and nests are additionally
protected;
(d) in Schedule 4,
species of wild animals whose breeding sites and resting sites are protected;
(e) in Schedule 5,
species of wild birds whose breeding sites and resting sites are protected;
(f) in Schedule 6,
species of wild animals and birds which are protected from disturbance;
(g) in Schedule 7, species of
wild animals and wild birds which must not be kept in captivity for longer than
48 hours;
(h) in Schedule 8,
species of wild plants which are protected wild plants;
(i) in Schedule 9, prohibited
devices, substances and methods of killing, injuring or taking wild animals;
(j) in Schedule 10, prohibited
devices, substances and methods of killing, injuring or taking wild birds;
(k) in Schedule 11,
prohibited things capable of being used to kill, injure or take wild animals or
wild birds;
(l) in Schedule 12, species
of wild animals and wild birds which are permitted to be introduced into the
wild;
(m) in Schedule 13,
certain prohibited INN species.
(2) Where
a species of animal, bird or plant is listed in a Schedule, that species, including
individual specimens of that species, enjoys the level of protection conferred
by such listing either to an unqualified extent or to such extent as may be
further specified in relation to the listing of that species in that Schedule.
(3) Without
prejudice to the Minister’s general power under Article 49 to amend any
Schedule, the Minister may by Order further prescribe animals, birds or plants
which are protected in any of the ways for which this Law provides, and such an
Order may, for this purpose, amend this Article.
(4) A
provision of an Order made under paragraph (3) may be expressed to have
effect either generally or in relation to particular provisions of this Law,
particular areas of Jersey or particular times of year.
6 Application
(1) This
Law extends to the territorial sea adjacent to Jersey.
(2) This
Law applies on and in relation to Crown land in Jersey but nothing in it
renders the Crown liable to prosecution for an offence under this Law.
(3) Except
to such extent as may be expressly provided, nothing in this Law is to be taken
as derogating from rights over land enjoyed by an owner of the land under
customary law or under an enactment.
part 2
protection
of wild animals and wild birds
7 Prohibition of killing or harming
protected wild animals and protected wild birds
(1) It
is an offence for a person –
(a) deliberately or
recklessly to kill, injure or take a protected wild animal or protected wild
bird; or
(b) deliberately to cause or
permit another person to kill, injure or take a protected wild animal or
protected wild bird,
unless the case is one
described in paragraphs (2), (3) or (5).
(2) A
person does not commit an offence under paragraph (1) if the killing,
injury or taking in question is carried out under and in accordance with a
licence, or under this Law, the Animal Health (Jersey) Law 2016[1] or the Animal Welfare
(Jersey) Law 2004[2].
(3) No
offence is committed under paragraph (1) if –
(a) a person takes a
protected wild animal or protected wild bird which is disabled or injured, for
the purpose of tending that animal or bird and releasing it upon its recovery;
and
(b) the conditions in
paragraph (4) are fulfilled.
(4) The
conditions mentioned in paragraph (3) are that –
(a) the animal or bird was
not disabled or injured by the person’s unlawful act; and
(b) the person releases the
animal or bird before the end of the period –
(i) of 28 days, in the case of a
protected wild animal or a protected wild bird, or
(ii) of 48 hours, in the
case of a protected wild animal or a protected wild bird of a species listed in
Schedule 7,
beginning with the date on
which the animal or bird was taken.
(5) No
offence is committed under paragraph (1) if a person humanely kills a
protected wild animal or protected wild bird which is disabled, provided that –
(a) the animal or bird was
not disabled by the person’s unlawful act; and
(b) there was no reasonable
prospect that the animal or bird would recover.
(6) A
person guilty of an offence under paragraph (1) is liable to the standard
penalty.
8 Prohibitions relating to dens and nests
of protected wild animals and protected wild birds
(1) It
is an offence for a person deliberately or recklessly to –
(a) take, damage or destroy
the den of a protected wild animal while the den is in use;
(b) take, damage or destroy
the nest of a protected wild bird while the nest is in use or being built;
(c) obstruct access to the
den of a protected wild animal, or to the nest of a protected wild bird, while
that den or nest is in use;
(d) disturb a protected wild
animal occupying a den or a protected wild bird occupying a nest; or
(e) do any act, or carry out
any activity, in relation to the den of a protected wild animal or the nest of
a protected wild bird, which has the effect of causing the deterioration of
that den or nest.
(2) It
is an offence for a person deliberately to –
(a) take from a den or nest;
or
(b) disturb, in a den or
nest,
the eggs or dependent
offspring of a protected wild animal or protected wild bird, at any time.
(3) The
prohibitions in paragraphs (1) and (2) do not apply to anything done within
the living area of a dwelling-house, except in relation to a bat of a species
listed in Part 1 of Schedule 3.
(4) For
the purposes of this Article, a den or nest may be in use even though, at the
time of an act described in that paragraph, it is unoccupied, and in particular
a den or nest is in use if –
(a) the den or nest contains
eggs or offspring of a parent animal or bird; or
(b) although the den or nest of
a protected wild animal or protected wild bird does not contain eggs or
offspring, such offspring remain dependent on the den or nest.
(5) A
person does not commit an offence under this Article if the person acts under
and in accordance with a licence.
(6) A
person guilty of an offence under this Article is liable to imprisonment for a
term of 12 months and a fine.
9 Additional protection for dens and nests
of certain protected wild animals
(1) It
is an offence for a person, at any time, deliberately or recklessly to do an
act or carry out any activity prohibited by Article 8(1) or (2), on or in
relation to the den or nest of a protected wild animal of a species listed in
Part 1 of Schedule 3.
(2) For
the purposes of paragraph (1), the provisions in Article 8(1)(a), (c) and
(d) apply as though unqualified by a requirement for a den or nest to be in use
or being built, unless there is evidence that the den or nest is not regularly
used or is not likely to be used in future.
(3) A
person does not commit an offence under this Article if the person acts under
and in accordance with a licence.
(4) A
person guilty of an offence under this Article is liable to the standard
penalty.
10 Additional protection for nests of certain
protected wild birds
(1) It
is an offence for a person, at any time, deliberately or recklessly to do an
act or carry out any activity prohibited by Article 8, on or in relation
to the nest of a protected wild bird of a species listed in Part 2 of
Schedule 3.
(2) For
the purposes of paragraph (1) the provisions in Article 8(1)(b), (c)
and (d) apply as though unqualified by a requirement for a nest to be in use or
being built, unless there is evidence that the nest is not regularly used or is
not likely to be used in future.
(3) A
person does not commit an offence under this Article if the person acts under
and in accordance with a licence.
(4) A
person guilty of an offence under this Article is liable to the standard
penalty.
11 Prohibitions relating to breeding sites
and resting sites of certain protected wild animals
(1) It
is an offence for a person deliberately or recklessly to –
(a) take from a breeding
site; or
(b) disturb, in a breeding or
resting site,
the eggs or dependent
offspring of an animal of a species listed in Part 1 of Schedule 4,
at any time.
(2) It
is an offence for a person deliberately or recklessly to –
(a) take from a breeding
site; or
(b) disturb, in a breeding or
resting site,
the eggs or dependent
offspring of an animal of a species listed in Part 2 of Schedule 4, while
that site is in use or is being built.
(3) It
is an offence for a person deliberately or recklessly to –
(a) take, damage or destroy
any part of the breeding site of an animal of a species listed in Part 1
of Schedule 4; or
(b) obstruct access by such
an animal to its breeding site or resting site,
at any time.
(4) It
is an offence for a person deliberately or recklessly to –
(a) take, damage or destroy
any part of the breeding site of an animal of a species listed in Part 2
of Schedule 4; or
(b) obstruct access by such
an animal to its breeding site or resting site,
while that site is in use or
is being built.
(5) For
the purposes of paragraphs (2) and (4) a site is “in use” if an animal is
occupying the site, or if –
(a) the site contains
dependent offspring of the animal; or
(b) although the site does
not contain offspring, offspring of the animal remain dependent on the site as
a resting site,
regardless of whether, at the
time of any act described in paragraph (2), the animal is at the site.
(6) It
is an offence for a person, at any time, deliberately or recklessly to do any
act, or carry out any activity, which has the effect of causing deterioration
of a breeding site or resting site of an animal of a species in relation to
which this Article applies.
(7) A
person does not commit an offence under this Article if –
(a) the person acts under and
in accordance with a licence; or
(b) the person is authorised
or directed, under any enactment other than this Law, to destroy or to disturb
a protected wild animal or protected wild bird.
(8) A
person guilty of an offence under this Article is liable to the standard
penalty.
12 Prohibitions relating to breeding sites
and resting sites of certain protected wild birds
(1) It
is an offence for a person deliberately to –
(a) take from a breeding
site; or
(b) disturb, in a breeding or
resting site,
the eggs or dependent
offspring of a bird of a species listed in Part 1 of Schedule 5, at any
time.
(2) It
is an offence for a person deliberately or recklessly to –
(a) take from a breeding
site; or
(b) disturb, in a breeding or
resting site,
the eggs or dependent
offspring of a bird of a species listed in Part 2 of Schedule 5, while that
site is in use or is being built.
(3) It
is an offence for a person deliberately or recklessly to –
(a) take, damage or destroy
any part of the breeding site of a bird of a species listed in Part 1 of Schedule 5;
or
(b) obstruct access by such a
bird to its breeding site or resting site,
at any time.
(4) It
is an offence for a person deliberately to –
(a) take, damage or destroy
any part of the breeding site of a bird of a species listed in Part 2 of
Schedule 5; or
(b) obstruct access by such a
bird to its breeding site,
while a nest on that site is
in use or is being built.
(5) For
the purposes of paragraphs (2) and (4) a nest is “in use” if a bird is
incubating eggs in the nest, or if –
(a) the nest contains eggs or
offspring of a bird; or
(b) although the nest does
not contain offspring, offspring of a bird remain dependent on the nest as a
resting site,
regardless of whether, at the
time of any act described in that paragraph, the bird is in the nest.
(6) It
is an offence for a person, at any time, deliberately to do an act, or carry
out any activity, which has the effect of causing deterioration of a breeding
site or resting site of a bird of a species in relation to which this Article
applies.
(7) A
person does not commit an offence under this Article if the person acts under
and in accordance with a licence.
(8) A
person guilty of an offence under this Article is liable to the standard penalty.
13 Prohibition of disturbance of certain
protected wild animals and protected wild birds
(1) It
is an offence for a person, at any time, deliberately to disturb a protected
wild animal or protected wild bird of a species listed in Schedule 6.
(2) A
person does not commit an offence under paragraph (1) if the person
acts under and in accordance with a licence.
(3) A
person guilty of an offence under this Article is liable to the standard
penalty.
14 Prohibition of sale of protected wild
animals and protected wild birds
(1) It
is an offence for a person –
(a) to have in his or her
possession;
(b) to sell, offer or expose
for sale; or
(c) to have in his or her
possession, or to transport, for the purposes of sale, or of offer or exposure
for sale,
any protected wild animal or
protected wild bird, whether alive or dead, or any part of or anything derived
from such an animal or bird, including the eggshell of such an animal or bird.
(2) It
is an offence for a person to publish any advertisement likely to be understood
as conveying that the person buys or sells, or intends to buy or sell, any such
thing of which the sale is prohibited under paragraph (1).
(3) A
person does not commit an offence under paragraph (1) –
(a) if the person acts under
and in accordance with a licence; or
(b) where an act which would
otherwise constitute an offence under that paragraph relates to a dead
protected wild animal or dead protected wild bird or any part of or anything
derived from such an animal or bird, including a blown egg, which –
(i) is shown to have been killed otherwise
than in contravention of this Law, or
(ii) was lawfully imported.
(4) A
person guilty of an offence under this Article is liable to the standard
penalty.
15 Prohibition of keeping etc. of protected
wild animals and protected wild birds
(1) It
is an offence for a person to keep, or to have in his or her control or
possession –
(a) a protected wild animal;
or
(b) a protected wild bird,
whether alive or dead, or the blown egg of such a bird.
(2) A
person does not commit an offence under paragraph (1) –
(a) if the person acts under
and in accordance with a licence;
(b) where an act which would otherwise
constitute an offence under that paragraph relates to a dead protected wild
animal or dead protected wild bird or any part of or anything derived from
such an animal or bird which –
(i) is shown to have been killed otherwise
than in contravention of this Law, or
(ii) was lawfully imported;
or
(c) if the person acts in
accordance with, and in the circumstances described in, paragraph (3) or
(4).
(3) No
offence is committed under paragraph (1) if a person keeps a wild animal
or wild bird which is disabled or injured, for the purpose of tending that
animal or bird and releasing it upon its recovery, provided that –
(a) the animal or bird was
not disabled or injured by the person’s unlawful act; and
(b) the person releases the
animal or bird before the end of the period –
(i) in the case of an animal or bird listed in
Schedule 7, of 48 hours, or
(ii) in any other case, of 28 days,
beginning with the date on
which the animal or bird was taken into captivity.
(4) No
offence is committed under paragraph (1) if a person humanely kills, or
transports for the purpose of humanely killing, a protected wild animal or
protected wild bird which is disabled, provided that –
(a) the animal or bird was
not disabled by the person’s unlawful act; and
(b) there was no reasonable
prospect that the animal or bird would recover.
(5) A
person guilty of an offence under this Article is liable to the standard
penalty.
16 Prohibition of certain methods of killing
or taking wild animals and wild birds
(1) It
is an offence for a person to use any device, substance or method specified in
Part 1 of Schedule 9 for or in connection with the killing, injuring or capture
of a wild animal.
(2) It
is an offence for a person to use any device, substance or method to which paragraph (3)
applies, for or in connection with the killing, injuring or capture of one or
more wild animals or wild birds of a species in relation to which that
paragraph is specified to apply.
(3) This
paragraph applies to a device, substance or method specified –
(a) in relation to a
protected wild animal of a species listed in the first column of the table in Part 2
of Schedule 9, in the second column of the table;
(b) in relation to a
protected wild bird, in Schedule 10.
(4) It
is an offence for a person deliberately to use, for or in connection with the
killing, injuring or capture of a wild animal or wild bird, a device, substance
or method other than one to which paragraph (3) applies, if that device,
substance or method –
(a) is capable of having a significant
effect on the distribution or abundance of, or of causing serious disturbance
to, the local population of a protected wild animal or protected wild bird in
the area in which the device, substance or method is used; or
(b) is of a kind that cannot
be directed at a specific animal, bird or species of animal or bird, or is used
in such a way that it cannot be so directed.
(5) No
offence is committed under paragraph (1), (2) or (4) if the act in
question is done under and in accordance with a licence.
(6) Paragraphs (1)
and (2) do not apply to the use of a device, substance or method for or in
connection with capture of wild animals or wild birds for the purposes of
education or of conservation of wildlife or of the environment, where the
capture is carried out to such extent and using such devices, substances or
methods as may be specified by the Minister in guidance.
(7) In
this Article reference to a “device” includes any part of a device
and to a device whether or not it is assembled.
(8) A
person guilty of an offence under this Article is liable to imprisonment
for a term of 12 months and to a fine.
17 Prohibition of use of vehicles etc. in hunting birds
(1) Without
prejudice to Articles 16 and 18, it is an offence for a person to use –
(a) a motor vehicle;
(b) a mechanically propelled
boat or other vessel; or
(c) an aircraft,
for the purpose of hunting any
protected wild bird.
(2) In
paragraph (1)(a), “motor vehicle” means a mechanically propelled vehicle
intended or adapted for use on roads.
(3) A person guilty of an offence under this Article is liable to
imprisonment for a term of 12 months and to a fine.
18 Prohibition of possession, sale etc. of
regulated devices, substances and methods
(1) It
is an offence for a person to have in his or her possession, for the purpose of
committing an offence under this Part, anything capable of being used for
committing that offence.
(2) A
person guilty of an offence under paragraph (1) is liable to the same
punishment as if the person had committed the primary offence in question.
(3) It
is an offence for a person to –
(a) sell, hire or exchange;
(b) give away;
(c) offer
or expose for sale; or
(d) be in possession of, or
transport, for the purpose of sale, hire or exchange or of offer or exposure
for sale, hire or exchange,
anything listed in Schedule 11.
(4) It
is an offence for a person to sell, or to expose or offer for sale, for the
purpose of killing, injuring or capture of a wild animal or (as the case may
be) wild bird, a device or substance which –
(a) is capable of having a
significant effect on the distribution or abundance of, or of causing serious
disturbance to, the population of a protected wild animal or protected wild
bird in the area in which the device, substance or method is used; or
(b) is of a kind that cannot
be directed at a specific animal, bird or species of animal or bird, or is used
in such a way that it cannot be so directed.
(5) It
is an offence for a person to publish any advertisement likely to be understood
as conveying that the person sells or buys, or intends to sell or buy, devices
or substances listed in Schedule 9 or Schedule 10 for the purpose of killing,
injuring or capture of a wild animal or (as the case may be) wild bird.
(6) A
person does not commit an offence under paragraph (1), (3), or (4) if the
person acts under and in accordance with a licence.
(7) A
person guilty of an offence under paragraph (3), (4) or (5) is liable to
imprisonment for a term of 12 months and a fine.
19 Prohibition of export of protected wild
animals and protected wild birds
(1) It
is an offence for a person to export from Jersey any protected wild animal or
protected wild bird, whether alive or dead, or any part of such an animal
or bird.
(2) A
person does not commit an offence under paragraph (1) if the person acts
under and in accordance with a licence.
(3) A
person guilty of an offence under paragraph (1) is liable to the standard
penalty.
20 Prohibition of release of certain species
of animals and birds
(1) It
is an offence for a person –
(a) deliberately to release;
or
(b) recklessly to allow to
escape,
into the wild, any animal or
bird of an INN species.
(2) It
is an offence for a person –
(a) deliberately to release; or
(b) recklessly to allow to escape,
permanently into the wild,
any animal or bird of a species other than a species specified in Schedule 12.
(3) It
is an offence for a person knowingly to cause or permit another person to do an
act mentioned in paragraph (1) or (2).
(4) A
person does not commit an offence under paragraph (1) or (2) if the person
acts under and in accordance with a licence.
(5) A
person does not commit an offence under paragraph (1) or (2) if the person
releases or allows to escape –
(a) an animal or bird
inadvertently captured as a result of a lawful act or in the course of a lawful
activity carried out by the person; or
(b) before the end of the
period specified in Article 7(4) or 15(3), an animal or bird taken into or
kept in captivity under either of those provisions.
(6) For the purposes of paragraphs (2) and (3) “permanently” means
that the animal or bird in question is released or allowed to escape, or caused
or permitted to be released or allowed to escape –
(a) with the intention of allowing the animal or bird to establish
itself in the wild; and
(b) with no intention of retrieving the animal or bird into
captivity.
(7) A
person guilty of an offence –
(a) under paragraph (1), is liable to the standard penalty;
(b) under paragraph (2), is liable to imprisonment for a term of 12
months and to a fine of level 3 on the standard scale.
part 3
protection
of WILD plants
21 Prohibition of certain acts in relation to
protected wild plants
(1) It
is an offence for a person deliberately or recklessly to –
(a) cut, pick or otherwise
gather the whole, or any substantial part of, a protected wild plant;
(b) uproot a protected wild
plant;
(c) collect the propagule or
spore of a protected wild plant;
(d) do any other thing which
has the effect of causing the destruction of a protected wild plant; or
(e) disturb a protected wild
plant or the habitat of a protected wild plant.
(2) It
is an offence for a person to have in his or her possession a protected wild
plant or any part, propagule or spore of a protected wild plant.
(3) A
person does not commit an offence under paragraph (1) or (2) if the person
acts under and in accordance with a licence.
(4) A
person guilty of an offence under this Article is liable to imprisonment
for a term of 12 months and to a fine of level 3 on the standard
scale.
(5) For
the purposes of this Article –
“propagule” means such part of
a plant as is capable of reproducing, and includes a bulb, corm or seed;
to “uproot” means to dig up
or otherwise remove a plant or any substantial part of it, including its roots,
from the place in which it is growing.
22 Prohibition of sale etc. of protected wild
plants
(1) It
is an offence for a person –
(a) to sell, hire or
exchange;
(b) to offer or expose for
sale, hire or exchange; or
(c) to transport, for the
purposes of sale, hire or exchange or of offer or exposure for sale, hire or
exchange,
any protected wild plant, or
any part of or anything derived from a protected wild plant.
(2) It
is an offence for a person to publish any advertisement likely to be understood
as conveying that the person buys or sells, or intends to buy or sell, any
protected wild plant, or any part of or anything derived from a protected
wild plant.
(3) A
person does not commit an offence under paragraph (1) if the person acts
under the authority of, and in accordance with, a licence.
(4) A
person guilty of an offence under this Article is liable to imprisonment
for a term of 12 months and to a fine of level 3 on the standard
scale.
23 Prohibition of release of invasive
non-native species, and protected wild plants
(1) It
is an offence for a person –
(a) deliberately to plant in
the wild; or
(b) knowingly to cause or
permit another person to plant in the wild,
any plant of an INN species.
(2) It
is an offence for a person –
(a) deliberately to plant in
the wild; or
(b) recklessly to release
into the wild,
any protected wild plant.
(3) A
person does not commit an offence under paragraph (1) or (2) if the person
acts under and in accordance with a licence.
(4) A
person guilty of an offence under this Article is liable to imprisonment
for a term of 12 months and to a fine of level 3 on the standard
scale.
24 Prohibition of export of protected wild
plants
(1) It
is an offence for a person to export from Jersey any protected wild plant,
whether alive or dead.
(2) A
person does not commit an offence under paragraph (1) if the person acts
under and in accordance with a licence.
(3) A
person guilty of an offence under paragraph (1) is liable to the standard
penalty.
part 4
protection
of environment and biodiversity
25 Invasive non-native species
(1) For the purposes of this Law, any species of animal, bird or
plant, alive or dead, is –
(a) “invasive”, if
uncontrolled, it would be likely to have a significant adverse impact on –
(i) the biodiversity of Jersey, or
(ii) other environmental,
social or economic interests of Jersey; and
(b) “non-native” if it is a
species which does not –
(i) naturally occur in the wild in Jersey, nor
(ii) in the case of a species
of animal or bird, regularly visit Jersey, at any point in the life cycle of
that species, in a wild state,
and a species which is both invasive
and non-native is referred to as an “INN species”.
(2) Without prejudice to the generality of paragraph (1), a species
specified, or otherwise incorporated, in paragraph 2 of Schedule 13 is treated
for the purposes of this Law as an “INN species” whether or not, at the time
when an offence under this Law is committed, the species or its habitat extends
to Jersey.
26 Appointment of authorised officers
(1) The
Minister may appoint persons to carry out the functions of authorised officers
under this Part.
(2) An
appointment under paragraph (1) may be made subject to such terms and
conditions as the Minister considers appropriate.
27 Powers of authorised officers to search
and enter premises, etc.
(1) An
authorised officer may exercise the powers conferred by this Article and Article 28
for the purposes of –
(a) investigating whether an
INN species is present on any premises or in any vehicle, where the officer
reasonably suspects that such a species is so present; or
(b) enforcing a species
control order.
(2) For
the purposes mentioned in paragraph (1), an authorised officer may, at any
reasonable hour –
(a) enter and search any
premises, other than premises used wholly or mainly as a private dwelling;
(b) stop, enter and search
any vehicle; and
(c) seize and detain any
property found within the premises or vehicle.
(3) The
Bailiff or a Jurat, if satisfied on sworn information that –
(a) there
are reasonable grounds for entry into any premises for a purpose mentioned in
paragraph (1); and
(b) either –
(i) the premises are used wholly or mainly as a private
dwelling, or
(ii) any
of the circumstances in paragraph (4) applies,
may
grant a warrant authorising an inspector, together with a police officer, to
enter the premises and to use such force as is reasonably necessary to do so.
(4) The
circumstances mentioned in paragraph (3)(b)(ii) are that –
(a) admission has been
refused, or a refusal is expected, and (in either case) notice of the
application for a warrant has been given to the occupier;
(b) asking for admission, or
the giving of notice of an application for a warrant, would defeat the object
of the entry; or
(c) the case is one of
urgency and the premises are unoccupied or the occupier is absent.
(5) A
warrant granted under this Article is valid for one month.
(6) An
authorised officer who exercises power to enter premises which are unoccupied
or whose occupier is absent must (so far as reasonably practicable) leave the
premises secured as effectively as he or she found them.
28 Supplementary powers of authorised
officers
(1) An
authorised officer entering any premises or vehicle under Article 27 may
further, for the purposes mentioned in Article 27(1), do all such things
and take all such steps as are reasonably necessary including the actions
listed in paragraph (2) and the exercise of the powers conferred by
paragraph (3).
(2) The
actions mentioned in paragraph (1) are –
(a) inspecting, examining and
seizing anything on or in the premises or vehicle, including live animals and
live birds, and documents and computer records;
(b) transcribing, copying and
detaining any documents and records;
(c) recording, measuring or
photographing anything on or in the premises or vehicle;
(d) detaining, isolating or
requiring the movement of any animal, bird, plant or inanimate thing;
(e) taking samples from any
animal, bird or plant or of any other thing;
(f) undertaking such
cleansing and disinfection, disinfestation, treatment, removal or destruction,
including by fire, of any bird, animal or thing as is considered appropriate in
the circumstances.
(3) An
authorised officer may, by notice served on a person who is the occupier of
premises or owner of any vehicle, require that person –
(a) to undertake any action
(including any such action as might amount to species control operations); and
(b) to take such reasonable
steps as the officer may specify to collect or restrain any animal or bird of
which the person has charge.
(4) An
authorised officer exercising powers under this Article or Article 27
may, as he or she considers necessary –
(a) be accompanied by such
other persons; and
(b) take with him or her onto
any premises such equipment (including vehicles).
(5) Where
an authorised officer seizes or detains any property under this Article or
Article 27, the officer must give, to any person who appears to the
officer to be the person owning or otherwise having possession or control of
that property, a receipt for the property in writing and stating the date on
which, and the powers under which, it has been so seized or detained.
(6) An
authorised officer is not personally liable for anything that he or she does when
acting in the execution or purported execution of powers under this Part, but
nothing in this paragraph is to be taken to exclude liability of a public
authority under Article 7(1) of the Human Rights (Jersey) Law 2000[3].
29 Species control agreements
(1) Where an authorised officer considers that
an animal, bird or plant of an INN species, or of any other species of non-domesticated
animal or bird not naturally occurring in Jersey, is present on any premises,
the officer may, subject to paragraph (2), enter into an agreement for
control of that species (a “species control agreement”) with the owner of the
premises.
(2) Before entering into a species control
agreement the officer must be satisfied –
(a) that the provisions of
the agreement are proportionate to the objective to be achieved; and
(b) in a case where there is
more than one owner, that the person who is party to the agreement is the most
appropriate person.
(3) A species control agreement must
specify –
(a) the species, and the premises,
to which the agreement relates;
(b) the operations (“species
control operations”, as further defined by paragraph (5)) which are to be
carried out under the agreement; and
(c) the party by whom, and
(if appropriate) the time by which, the species control operations are to be
carried out.
(4) A species control agreement may contain
such supplementary provision as the parties consider appropriate, which may
include (but need not be limited to) provision as to –
(a) how species control
operations are to be carried out;
(b) payment to be made by one
party to the other, or to another person, in respect of such operations; and
(c) any species control
operations which must not be carried out.
(5) “Species control operations” means
operations to do one or more of the following things, namely –
(a) eradicating a species
from premises;
(b) controlling a species on
premises;
(c) preventing the return of
a species to premises.
(6) Where the authorised officer considers that
an owner of premises has complied with all the requirements of a species
control agreement to which that owner is a party, the officer must give the
owner notice to such effect.
(7) An authorised officer is not liable to a
person with an interest in the premises, other than the owner who is a party to
a species control agreement, for anything done by the officer under the
agreement, but nothing in this paragraph is to be taken to exclude liability of
a public authority under Article 7(1) of the Human Rights (Jersey) Law 2000[4].
(8) An owner of premises is not liable to any
other person for doing anything by way of species control operations under a
species control agreement.
30 Species control orders
(1) This Article applies where –
(a) an authorised officer
considers that an animal, bird or plant of an INN species, or any other species
of non-domesticated animal or bird not naturally occurring in Jersey, is
present on any premises; and
(b) any of the circumstances
listed in paragraph (2) apply.
(2) The circumstances mentioned in
paragraph (1) are that –
(a) the Minister considers
that an owner of the premises –
(i) has failed to comply in whole or in
part with a species control agreement, and
(ii) having been given notice
of the failure and a reasonable opportunity to remedy it, has not remedied the
failure;
(b) an authorised officer has
offered to enter into a species control agreement with an owner of the
premises, but either –
(i) the owner has refused to enter into any
such agreement, or
(ii) by the end of the period
of 42 days beginning with the day following the day on which the offer was
made, no such agreement has been entered into and the officer considers it
unlikely that the owner will enter into any such agreement;
(c) the Minister considers
that the making of a species control order is urgently necessary; or
(d) the Minister is satisfied
that, although –
(i) an authorised officer placed on the
premises, in a conspicuous position, a notice requesting the owner to enter
into a species control agreement, and
(ii) a period of at least
5 days has elapsed since the notice was so placed,
no owner of the premises has been or can reasonably be identified.
(3) Where this Article applies, and
subject to paragraph (4), the Minister may make an Order (a “species
control order”) in accordance with Article 31.
(4) In making a species control order the
Minister must be satisfied that the provisions of the draft Order are
proportionate to the objective to be achieved.
(5) The Minister or an authorised officer is
not liable to a person with an interest in the premises, other than the owner
who is a party to a species control agreement, for anything done by the officer
under a species control order, but nothing in this paragraph is to be taken to
exclude liability of a public authority under Article 7(1) of the Human Rights (Jersey) Law 2000[5].
(6) An owner of premises is not liable to any
other person for doing anything by way of species control operations under a
species control order.
31 Provisions to be included
in species control order
(1) Every species control order must contain
provision specifying –
(a) the species to which the
order relates;
(b) the species control
operations which are required by the order to be carried out;
(c) the grounds on which the
order is made, being such circumstances as are set out in Article 30(2) and are
relevant in the particular case;
(d) the person by whom the
species control operations are to be carried out, being –
(i) in the case of an order made on the
grounds set out in Article 30(2)(a), (b), or (c), either such an owner as
is specified in the order or the Minister, or both, or
(ii) in the case of an order
made on the grounds set out in Article 30(2)(d), the Minister; and
(e) subject to paragraphs (2)
and (3), the date by which the species control operations must be carried out
or (as the case may be) by which the species control operations are proposed to
be carried out by the Minister.
(2) A species control order made on the grounds
set out in Article 30(2)(a), (b) or (d) may not require an owner of
premises to carry out species control operations, nor provide for the Minister
to do so, before the expiry of the period (further described in
paragraph (3)) within which an appeal against the order may be made.
(3) Except in the case of an order made on the
grounds set out in Article 30(2)(c), a species control order must also
contain provision stating that –
(a) an appeal may be made
against the order within the period of 14 days beginning with the date of
service of the order; and
(b) if an appeal under
Article 40 is made within that period, no species control operations are
to be carried out before the appeal is withdrawn, or finally determined.
(4) If appropriate, a species control order may
contain a map or plan of the premises to which it relates.
(5) A species control order may also contain
provision as to either or both of the following kinds of payment –
(a) payment to be made by the
Minister to –
(i) an owner, in respect of the reasonable
costs of species control operations to be carried out by the owner, or
(ii) another person, in
respect of the reasonable costs of such operations to be carried out by an
owner; and
(b) payment to be made by an
owner in respect of the reasonable costs of species control operations to be
carried out by the Minister.
32 Duty to limit impact of
species control operations
In carrying out species control operations, or requiring such
operations to be carried out, the Minister and (except where Article 30(2)(c)
applies) an authorised officer must ensure that –
(a) the operations, and any
impact of the operations on the immediate environment in which they are to be
carried out or on the wider environment of Jersey, are proportionate to the
objective to be achieved; and
(b) the operations are
carried out –
(i) using all necessary measures to spare
avoidable pain, distress and suffering of animals as a result of or during the
operations, and
(ii) taking into account as
far as possible best practices in animal welfare.
33 Prohibition of possession and sale etc. of
certain INNs
(1) It
is an offence for a person –
(a) to have in his or her
possession or control, except for the purposes of removal or destruction under
and in accordance with a licence;
(b) to sell, hire or
exchange;
(c) to offer or expose for
sale, hire or exchange; or
(d) to have in his or her
possession, or to transport, for the purposes of sale, hire or exchange, or of
offer or exposure for sale, hire or exchange,
any animal, bird or plant of
an INN species specified, or otherwise incorporated, in paragraph 2 of Schedule 13.
(2) A
person guilty of an offence under this Article is liable to the standard
penalty.
(3) A
person does not commit an offence under paragraph (1) if the person acts
under and in accordance with –
(a) a licence; or
(b) a species control
agreement or species control order.
34 Duty to promote the conservation of
biodiversity
(1) The
Minister must –
(a) designate; and
(b) publish, in such manner
as the Minister may see fit,
one or more strategies for
the conservation of biodiversity in Jersey.
(2) Within
the period of one year beginning with the date of designation of a strategy
under paragraph (1), the Minister must further –
(a) publish, in the same
manner as that adopted for publication under paragraph (1)(b), lists
of –
(i) species of animals, birds and plants, and
(ii) habitats,
considered by the Minister to
be of principal importance for the furtherance of the conservation of
biodiversity; and
(b) issue and publish
guidance for the assistance of public bodies in complying with the duty imposed
by Article 2(2).
(3) The
Minister may at any time review and, if the Minister considers it necessary to
do so, amend the guidance issued under paragraph (2)(b).
(4) Within
the period of 5 years beginning with either –
(a) the date on which a
strategy is designated under paragraph (1)(a); or
(b) the date on which a
report was last laid under this paragraph,
the Minister must lay a
report before the States as to the implementation of the strategy.
(5) Within
the period of 5 years beginning with either –
(a) the base date; or
(b) the date on which a
report was last published under this paragraph,
a public body must publish a
report on the actions taken by the body, in pursuance of the duty imposed upon
it by Article 2(2), during the period to which the report relates.
(6) A
report for the purposes of paragraph (5) may be published in such form and
manner as the public body thinks fit, including by incorporation within another
report published by the body, and in paragraph (5)(a) the “base date”
means –
(a) the date on which this
Law comes into force; or
(b) if later, the date on
which the body is established.
(7) In
this Article “public body” and “conservation of biodiversity” have the
same meanings as given by Article 2(4).
35 Designation of Areas of Special Protection
(1) Subject
to paragraphs (2) to (5), the Minister may by Order make
provision designating, as an Area of Special Protection, such an area as must be
specified in the Order and such as may reasonably be necessary for the
protection within that area of such wild animals, wild birds or wild plants
as must also be specified, including provision –
(a) as to the physical
delineation of the Area and any associated signage or fencing;
(b) specifying any time
period for application of the Order;
(c) restricting access to the
Area, whether entirely or in part and whether or not at specified times or
for specified periods;
(d) specifying persons who
may enter the Area, and the purposes for which they may enter;
(e) prohibiting specified
acts or activities within the Area, whether or not at specified times or for
specified periods; and
(f) creating sanctions for
breach of any restriction or prohibition.
(2) Before
making an Order under paragraph (1), the Minister must give notice in
writing of –
(a) the proposed designation of an Area of Special Protection;
(b) the reasons for the proposed designation; and
(c) the intended provisions of the Order,
to every owner or occupier of
land falling within the area proposed to be designated.
(3) The
notice required by paragraph (2) must include provision –
(a) giving the persons to
whom it is addressed sufficient opportunity to make representations to the
Minister in relation to the proposed designation and Order; and
(b) inviting those persons to
agree, subject to any such representations, to the proposed designation.
(4) The
Minister must, as soon as reasonably practicable, consider any representations
made under paragraph (3)(a) and having done so may –
(a) make the Order as
originally proposed, or with such modifications as the Minister may consider
reasonable; or
(b) withdraw the proposal to
make the Order,
and in either case must give
notice in writing of the action taken under this provision to the same persons
as those to whom notice was given under paragraph (2).
(5) If
in the Minister’s reasonable opinion it is impracticable to give notice as
required by paragraph (2) or (4), the Minister must publish the same
particulars as described in that paragraph by such means as may be reasonably
considered sufficient to bring the proposed designation to the attention of
those affected by it.
(6) The
Minister must not make an Order under this Article before the expiration
of a period of 28 days from the date of the giving of the notice under
paragraph (2) or (4), or from the date of publication under paragraph (5),
whichever may be applicable, and after the expiration of that period may do so only
with the agreement of all the persons to whom the notice was given, or if –
(a) any of the persons to
whom the notice was given have failed –
(i) to respond to the notice at all, or
(ii) to reach an agreement
with the Minister as to the proposed designation; and
(b) the Minister considers it
unlikely that agreement to the proposed designation can be reached with all
those persons.
(7) The
making of an Order under this Article does not affect the reasonable and lawful
exercise by a person, within the designated area, of a right vested in the person –
(a) as owner or occupier of land within that area; or
(b) under any agreement, however described, in respect of such land.
(8) Nothing in this Article makes
unlawful anything lawfully done, within an Area of Special Protection –
(a) under any other
provision of this Part; or
(b) under and in accordance
with a licence.
part 5
licences
36 Minister’s power to grant licences
(1) The
Minister may grant, in accordance with this Part, a licence authorising a
person to do anything which would otherwise constitute an offence under
Parts 2 to 4.
(2) The
Minister may grant a licence only –
(a) for one or more of the
purposes listed in Article 37, which must be specified in the licence; and
(b) if the Minister is
satisfied that, as regards the particular purpose so specified –
(i) there is no satisfactory course of action
other than that authorised by the licence, and
(ii) anything authorised by
the licence will not be detrimental to the survival of the population concerned.
(3) A
licence granted under the power conferred by this Article is valid only
for the period, if any, specified in the licence, and may –
(a) authorise action which is
general or specific;
(b) be granted to persons
generally, to a class of persons or to a particular person;
(c) be granted subject to
compliance with such conditions as may be specified; and
(d) be modified or revoked by
the Minister at any time.
(4) The
Minister may charge, in connection with the grant of a licence, such a fee as
may be prescribed.
(5) A
licence which is granted to a particular person must be in writing and sent to
the person.
(6) A
licence which is granted to a class of persons or is otherwise of general
application must be publicised in such manner as the Minister considers
appropriate to bring the licence to the notice of the persons to whom it is
granted or applies, including publicising –
(a) the purpose of the
licence and any specified conditions; and
(b) the date on which the
licence becomes operative and, if applicable, is amended, suspended or revoked.
(7) A
person aggrieved by –
(a) the grant of, or refusal
to grant, a licence to him or her;
(b) a condition specified in
a licence or the lack of such a condition; or
(c) the amendment, suspension
or revocation of a licence,
may in writing request the
Minister to reconsider the decision in question.
(8) Where
a person makes a request in writing under paragraph (7), the Minister may
give the person reasonable opportunity to make further representations in
relation to the matter by which the person is aggrieved, and must either –
(a) decline to reconsider the
decision, and in that case the Minister must, as soon as reasonably
practicable, notify the person in writing that the Minister declines to do so,
and stating the reasons for declining; or
(b) reconsider the decision,
and in that case the Minister must, as soon as reasonably practicable, notify
the person in writing of the result of such reconsideration and the reasons for
it.
37 Purposes for which licences may be granted
(1) The
following purposes are those for which a licence may be granted as mentioned in
Article 36(2)(a), namely –
(a) scientific or educational
purposes;
(b) ringing or marking, or
attaching any other identifying or tracking device to, any wild animal or wild
bird, or examining any ring, mark or device;
(c) preserving public health
or public safety, or similar imperative reasons including those of a social or
economic nature and beneficial consequences of primary importance to the
environment;
(d) enabling
reasonable and lawful development, within the meaning given by the Planning and
Building (Jersey) Law 2002[6], of, in or upon any area of land;
(e) repopulation of an area
with, or introduction or re-introduction into an area of, wild animals, wild
birds or wild plants, including any breeding or propagation necessary for that
purpose;
(f) conserving wild animals,
wild birds, or wild plants;
(g) preventing the spread of
disease;
(h) protecting any zoological
or biological collection;
(i) preventing serious damage
to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing
timber or any other form of property, or fisheries;
(j) photography.
(2) The
Minister may by Order amend the list of purposes in paragraph (1).
38 Offence: breach of licence conditions
(1) It
is an offence for a person to whom a licence is granted to contravene, or fail
to comply with, any condition specified in the licence in accordance with
Article 36(3)(c).
(2) But
a person does not commit an offence under paragraph (1) if –
(a) he or she took all
reasonable precautions and exercised all due diligence to avoid commission of
the offence; or
(b) the commission of the
offence was otherwise due to matters beyond his or her control.
(3) A
person guilty of an offence under paragraph (1) is liable to imprisonment
for a term of 12 months and a fine.
39 Offence: false statements
A person who, for the purpose
of obtaining the grant of a licence –
(a) makes a statement or
representation, or furnishes a document or information which the person knows
to be false in a material particular; or
(b) recklessly makes a
statement or representation, or furnishes a document or information, which is
false in a material particular,
is guilty of an offence and
liable to imprisonment for a term of 12 months and a fine.
part 6
general
and miscellaneous provisions
40 Appeals
(1) A
person aggrieved by a decision of a kind listed in paragraph (2) may
appeal to the Royal Court against the decision, on a ground specified in that
paragraph in respect of that decision.
(2) The
following decisions are those against which an appeal lies under
paragraph (1) –
(a) a species control order,
on the ground that –
(i) it is unreasonable in all the
circumstances for the species control order to be made, or
(ii) a provision of the species
control order is not proportionate to the objective to be achieved;
(b) an Order designating an
Area of Special Protection, on the ground that it is unreasonable in all the
circumstances to make the Order;
(c) the result of a reconsideration,
by the Minister, of representations made under Article 36(7) in relation
to an application for grant of a licence.
(3) In
this Article, a “person aggrieved” is –
(a) in relation to a notice, a
person on whom the notice is served;
(b) in relation to an Order,
a person to whom the Order is addressed or whose property is, or would potentially
be, directly and materially adversely affected by the making of the Order;
(c) in relation to a licence,
the applicant for the licence.
(4) On
determination of an appeal under this Article, the Royal Court may –
(a) affirm, revoke, vary or
suspend a decision, or any Order or any provision of an Order;
(b) refer the decision back
to the Minister for reconsideration; or
(c) substitute such other decision,
Order or provision as the Court may think fit.
41 Compensation
(1) The
Minister may make arrangements for the payment of compensation to an owner of
premises in respect of financial loss resulting from –
(a) a species control
agreement or order;
(b) the exercise of powers of
entry under Part 4; or
(c) expropriation of the
premises as a result of the designation of an Area of Special Protection.
(2) The
arrangements may secure that compensation is payable only for financial loss
above a specified amount.
42 Enforcement: general powers
(1) If
a police officer or any other officer authorised by the Minister for this
purpose (an “authorised officer” for the purposes of this Part) suspects with
reasonable cause that any person is committing or has committed an offence
under this Law, the officer may, at any reasonable hour –
(a) enter and search any
premises, other than premises used wholly or mainly as a private dwelling;
(b) stop, enter and search
any vehicle;
(c) stop and search any
person; and
(d) seize and detain any
property found within the premises or vehicle.
(2) The
Bailiff or a Jurat, if satisfied on sworn information that –
(a) there
are reasonable grounds for entry into any premises as mentioned in
paragraph (1); and
(b) either –
(i) the premises are used wholly or mainly as a private
dwelling, or
(ii) any
of the circumstances in paragraph (3) applies,
may
grant a warrant authorising a police officer or an authorised officer to enter
the premises and to use such force as is reasonably necessary to do so.
(3) The
circumstances mentioned in paragraph (2)(b)(ii) are that –
(a) admission has been
refused, or a refusal is expected, and (in either case) notice of the
application for a warrant has been given to the occupier;
(b) asking for admission, or
the giving of notice of an application for a warrant, would defeat the object
of the entry; or
(c) the case is one of
urgency and the premises are unoccupied or the occupier is absent.
(4) A
warrant granted under this Article is valid for one month.
(5) A
police officer or an authorised officer who exercises power to enter premises
which are unoccupied or whose occupier is absent must, so far as reasonably
practicable, leave the premises secured as effectively as he or she found them.
43 Enforcement: supplementary powers
(1) A
police officer or an authorised officer entering any premises or vehicle under Article 42
may further, for the purpose of investigating whether or not an offence under
this Law has been committed, do all such things and take all such steps as are reasonably
necessary, including the actions listed in paragraph (2) and the exercise
of the powers conferred by paragraph (3).
(2) The
actions mentioned in paragraph (1) are –
(a) inspecting, examining and
seizing anything on or in the premises or vehicle, including live animals and
live birds, and documents and computer records;
(b) transcribing, copying and
detaining any documents and records;
(c) recording, measuring or
photographing anything on or in the premises or vehicle;
(d) detaining, isolating or
requiring the movement of an animal, bird or plant, in accordance with the
conditions in Article 44(4), or of any inanimate thing;
(e) taking samples, in
accordance with the conditions in Article 44(4), from an animal or bird or
of any plant or of any inanimate thing.
(3) A
police officer or authorised officer may, by notice served on a person who is
the owner or occupier of premises or the owner of any vehicle, require that
person to take such reasonable steps as the officer may specify to collect or
restrain any animal, bird or plant of which the person has possession or
control.
(4) An
authorised officer exercising powers under this Article may, as he or she
considers necessary –
(a) be accompanied by such
other persons; and
(b) take with him or her onto
any premises such equipment, including vehicles.
(5) Where
a police officer or an authorised officer seizes or detains any property under
this Article or Article 42, the officer must give, to any person who
appears to the officer to be the person owning or otherwise having possession
or control of that property, a receipt for the property in writing and stating
the date on which, and the powers under which, it has been so seized or
detained.
(6) A
police officer or an authorised officer is not personally liable for anything
that he or she does when acting in the execution or purported execution of
powers under this Part, but nothing in this paragraph is to be taken to exclude
liability of a public authority under Article 7(1) of the Human Rights (Jersey) Law 2000[7].
44 General defence for exercise of enforcement powers
(1) No
offence is committed under Part 2 by injuring a wild animal or wild bird
if –
(a) the injury is caused
solely for the purpose of taking, from the animal or bird, a sample to be
used as evidence in proceedings for an offence under this Law; and
(b) the conditions in
paragraph (4) are satisfied.
(2) No
offence is committed under Part 3 by picking or cutting a wild plant if –
(a) the plant is picked or
cut solely for the purpose of taking, from the plant, a sample to be used as
evidence in proceedings for an offence under this Law; and
(b) the conditions in
paragraph (4) are satisfied.
(3) No
offence is committed under Article 10, 11, 12 or 14 if –
(a) the taking, possession,
control or transport in question is solely for the purpose of –
(i) investigating whether an offence under
this Law has been or is being committed,
(ii) bringing, conducting, or
giving evidence in proceedings for an offence under this Law, or
(iii) giving effect to a
species control Order; and
(b) the conditions in
paragraph (4) are satisfied.
(4) The
conditions mentioned in the preceding paragraphs of this Article are
that –
(a) there is no satisfactory
alternative to –
(i) causing the injury, in the case of
paragraph (1),
(ii) picking or cutting the
plant, in the case of paragraph (2),
(iii) taking, possessing,
controlling or transporting the animal, bird or plant, in the case of paragraph (3);
and
(b) the action is not
detrimental to the maintenance of the population of the species of animal, bird
or plant at a favourable conservation status in its natural range.
45 Offence: obstruction
A person who intentionally
obstructs an authorised officer or a police officer in the exercise of any of
the officer’s powers under Article 27, 28, 42 or 43 commits an offence and
is liable to imprisonment for a term of 12 months and a fine.
46 Calculation
of penalty
Where any offence under this
Law is committed in respect of more than one animal, bird, plant or other thing
to which the offence relates, the maximum penalty which may be imposed for the
offence is to be determined as if the offender had been convicted of a separate
offence in respect of each of them.
47 Forfeiture
The court by which any person
is convicted of an offence under this Law –
(a) must order the forfeiture
of any animal, bird, nest, egg, plant or other thing in respect of which the
offence is committed;
(b) may order the forfeiture
of any vehicle, animal, weapon or other thing used to commit the offence; and
(c) in the case of an offence
under Article 20, 23 or 24, may order the forfeiture of any animal, bird
or plant which is of the same kind as that in respect of which the offence is
committed and which is found in the offender’s possession.
48 Service
of notices
(1) This
Article has effect in relation to any notice or other document required or
authorised by or under this Law to be given to or served on any person.
(2) Any
such document may be given to or served on the person in question –
(a) by delivering it to the
person;
(b) by leaving at the
person’s proper address; or
(c) by sending it by post to
the person at that address.
(3) Any
such document may –
(a) in the case of a company,
be given to or served on the secretary, clerk or other similar officer of the
company or any person who purports to act in any such capacity, by whatever
name called; or
(b) in the case of a
partnership, be given to or served on a partner or a person having the control
or management of the partnership business.
(4) For
the purposes of this Article and Article 7 of the Interpretation (Jersey) Law 1954[8] in its application to this
Article, the proper address of any person to or on whom a document is to be
given or served is the person’s last known address, except that –
(a) in the case of a company
or its secretary, clerk or other officer or person referred to in
paragraph (3)(a), the proper address is the address of the registered or
principal office of the company; or
(b) in the case of a
partnership or a person having the control or management of the partnership
business, the proper address is the address of the principal office of the
partnership,
and for the purposes of this
paragraph, the principal office of a company registered outside Jersey or of a
partnership carrying on business outside Jersey is their principal office
within Jersey.
(5) If
the person to be given or served with any document mentioned in
paragraph (1) has specified an address within Jersey other than the
person’s proper address within the meaning of paragraph (4) as the one at
which the person or someone on the person’s behalf will accept documents of the
same description as that document, that address is also to be treated for the
purposes of this Article and Article 7 of the Interpretation (Jersey) Law 1954[9] as the person’s proper
address.
49 Power
to amend Schedules, etc.
(1) The
Minister may by Order amend –
(a) a Schedule to this
Law, and its corresponding entry in Article 5(1); and
(b) a time period specified
in a provision of this Law.
(2) A
provision of an Order made under paragraph (1) (or a provision of a
Schedule as in force after amendment by such an Order) may be expressed to
have effect either generally or with respect to particular provisions of this
Law, a particular area of Jersey or particular times of the year.
50 Orders
(1) The
Minister may by Order make provision for any matter that is to be prescribed or
specified under this Law.
(2) An
Order made by the Minister under this Law may contain such further consequential,
incidental, supplementary or transitional provision as the Minister may
consider necessary, including provision –
(a) amending any enactment;
(b) creating offences
punishable by a fine; and
(c) as to the amount, and time
and manner of payment, of fees.
51 Guidance
(1) The
Minister may from time to time issue and publish guidance as to the application
of a provision of this Law, whether generally or in relation to particular
species of wild animals, wild birds or wild plants, and –
(a) where it appears to the
court, when conducting any civil or criminal proceedings, that such
guidance is relevant to a question arising in those proceedings, the guidance
must be taken into account in determining the question; but
(b) a failure by an
authorised officer to comply with such guidance does not of itself make the
officer liable to any civil or criminal proceedings.
(2) The
Minister may amend or revoke any guidance issued under paragraph (1).
(3) Before
issuing, amending, or revoking any guidance under this Article the
Minister must consult such persons as appear to the Minister to be appropriate.
(4) If
the Minister amends any guidance published under this Article, the Minister
must publish the amended guidance in the same manner as that in which the guidance
was first published.
52 Repeals
The Conservation of Wildlife
(Jersey) Law 2000[10] and the Animals (Trapping) (Jersey)
Law 1961[11] are repealed.
53 Consequential amendment of other
enactments
(1) In
the Endangered Species (CITES) (Jersey) Law 2012[12], in Articles 21(2)(a),
22(1)(a), and 23(a) (respectively, conditions relating to an Appendix 1, 2
or 3 specimen) for the reference in each place to the Conservation of Wildlife (Jersey)
Law 2000 there is substituted a reference to this Law.
(2) For
Regulation 2(6)(a) (purpose and scope) of the EU Legislation (Aquatic
Animal Health) (Jersey) Regulations 2016[13] there is substituted –
“(a) Article 20 of the Wildlife (Jersey) Law
2021[14] and any Order under
Article 30 of that Law; and”.
(3) For
Regulation 2(5)(e) (effect of EU food and feed provisions in relation to wild
aquatic animals) of the EU Legislation (Wild Aquatic Animals – Food and Feed)
(Jersey) Regulations 2019[15] there is substituted –
“(e) the Wildlife (Jersey)
Law 2021[16].”.
(4) In Article 45(8)(a) (restrictions on hunting any bird or
animal) of the Firearms (Jersey)
Law 2000[17], for the words “for the
purposes of Article 5(2)(b) of the Conservation of Wildlife (Jersey)
Law 2000” there are substituted the words “for the purposes of Article 7(1)
of the Wildlife (Jersey) Law 2021[18]”.
(5) In
the table in Schedule 3 (enactments conferring power to issue a search
warrant) to the Police Procedures
and Criminal Evidence (Jersey) Law 2003[19], for the item and entry –
|
“Conservation of Wildlife (Jersey)
Law 2000
|
Article 18”
|
there is substituted –
|
“Wildlife (Jersey) Law 2021
|
Article 42[20]”.
|
(6) For
Article 4(5)(d) (prohibition of slaughter, etc.) of the Slaughter of Animals (Jersey)
Law 1962[21], there is substituted –
“(d) the Wildlife (Jersey) Law 2021[22].”.
54 Citation and commencement
This Law may be cited as the Wildlife (Jersey) Law
2021, and comes into force 7 days after the
day on which it is registered.