Conservation of Wildlife (Jersey) Law 2000

Revised Edition

22.450

Showing the law as at 1 January 2017

This is a revised edition of the law



Conservation of Wildlife (Jersey) Law 2000

Arrangement

Article

Interpretation and Application   5

1                 Interpretation. 5

2                 Protected wild animals and protected wild birds. 6

3                 Protected plants. 6

4                 Application. 6

WILD ANIMALS AND WILD BIRDS  6

5                 Prohibition of killing etc. of protected wild animals and protected wild birds. 6

6                 Prohibitions relating to dens and nests etc. of protected wild animals and protected wild birds  8

7                 Prohibition of sale of protected wild animals and protected wild birds. 8

8                 Prohibition of keeping etc. of protected wild animals and protected wild birds. 9

9                 Prohibition of certain methods of killing or taking wild birds. 9

10              Prohibition of certain methods of killing or taking wild animals. 11

11              Prohibition of export of certain reptiles and amphibians. 12

12              Prohibition on showing wild birds for competition. 12

12A           Protection of caged birds. 13

PROTECTED PLANTS  13

13              Prohibition of picking etc. of protected plants. 13

14              Prohibition of sale of protected plants. 13

MISCELLANEOUS AND SUPPLEMENTAL  14

15              Prohibition of release etc. of imported species. 14

16              Power to grant licences. 14

17              False statements made for obtaining licence. 15

18              Enforcement 16

19              Attempts to commit offences etc. 16

20              Calculation of fines. 16

21              Forfeiture. 17

22              Service of notices. 17

23              Power to amend Schedules. 18

24              Orders. 18

25              Citation. 18

PROTECTED WILD ANIMALS AND PROTECTED WILD BIRDS  19

PART 1  19

Protected wild animals  19

PART 2  20

Protected wild birds  20

Specially protected wild birds  21

Animals which may not be killed or taken by certain methods  22

Reptiles and amphibians which may not be exported   23

 

Supporting Documents

Table of Legislation History. 24

Table of Renumbered Provisions. 24

Table of Endnote References. 25

 


Conservation of Wildlife (Jersey) Law 2000[1]

A LAW relating to the conservation of wild animals, wild birds and wild plants in Jersey, and related purposes

Commencement [see endnotes]

PART 1

Interpretation and Application

1        Interpretation

(1)     In this Law, unless the context requires otherwise –

authorized officer” means an officer authorized by the Minister for Economic Development, Tourism, Sport and Culture or the Minister for the purposes of this Law;

den” includes any roost, lair or burrow or other place used by a wild animal as a place of refuge or shelter;

destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching;

licence” means a licence granted under Article 16(1);

“Minister” means the Minister for the Environment;

ordinary penalty” means a fine not exceeding level 3 on the standard scale;

poultry” means any fowls, geese, ducks, guinea fowls, pigeons, quails, swans and turkeys which are domestic;

protected plant” means a plant prescribed under Article 3;

protected wild animal”, “protected wild bird” and “specially protected wild bird” shall be construed in accordance with Article 2;

sale” includes hire, barter and exchange;

special penalty” means imprisonment for a term of 3 months and to a fine of level 3 on the standard scale;

uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

wild animal” means any animal other than a bird which is or, before it was killed or taken, was living wild;

wild bird” means any bird of a kind which is ordinarily resident in or is a visitor to Jersey in a wild state, but does not include poultry.[2]

(2)     In this Law, any reference to an animal or bird of any kind includes, unless the context requires otherwise, a reference to an egg, larva, pupa or other immature stage of an animal or bird of that kind.

(3)     In this Law, 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 shall not be taken into account.

2        Protected wild animals and protected wild birds

(1)     The wild animals described in Schedule 1 Part 1 are protected wild animals.

(2)     The wild birds described in Schedule 1 Part 2 are protected wild birds.

(3)     The wild birds described in Schedule 2 are specially protected wild birds.

3        Protected plants

(1)     The Minister may by Order prescribe plants which are to be protected.

(2)     A provision of an Order made under paragraph (1) 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 year.

4        Application

This Law extends to the territorial sea adjacent to Jersey.

PART 2

WILD ANIMALS AND WILD BIRDS

5        Prohibition of killing etc. of protected wild animals and protected wild birds

(1)     Subject to paragraphs (2) to (4), it shall be an offence for any person knowingly to kill, injure or take any protected wild animal or protected wild bird or destroy or take the egg of a protected wild bird.

(2)     Paragraph (1) does not apply to –

(a)     any person acting with authority of and in accordance with a licence;

(b)     any person authorized or directed to destroy any protected wild animal or protected wild bird by or under any other enactment.[3]

(3)     A person shall not be found guilty of an offence under paragraph (1) by reason of –

(a)     the taking of any disabled protected wild animal or disabled protected wild bird if the person satisfies the court that the animal or bird –

(i)      was not disabled by the person’s unlawful act, and

(ii)      was taken or to be taken solely for the purpose of tending it and releasing it when no longer disabled;

(b)     the killing of any disabled protected wild animal or disabled protected wild bird if the person satisfies the court –

(i)      that the animal or bird was not disabled by the person’s unlawful act, and

(ii)      that there was no reasonable chance that it would recover;

(c)     any act if the person satisfies the court –

(i)      that the act was the incidental result of a lawful operation, and

(ii)      that the act could not reasonably have been avoided.

(4)     A person shall not be found guilty of an offence under paragraph (1) as respects any act relating to a protected wild bird which is not also a specially protected wild bird if the person satisfies the court that the act was –

(a)     to defend himself, herself or another person against actual or imminent injury; or

(b)     to prevent or stop serious damage to any land of which the person is the owner or the authorized agent of the owner.

(5)     In paragraph (4), “owner” includes a usufructuary owner and the occupier of the land.

(6)     A person shall not be entitled to rely on the defence provided by paragraph (3)(c) as respects anything done in relation to a bat, otherwise than in the living area of a dwelling-house, unless the person has notified the Minister of the proposed action or operation and allowed the Minister a reasonable time to advise the person as to whether it should be carried out and, if so, the method to be used.

(7)     A person guilty of an offence under paragraph (1) shall be liable to the special penalty where the offence relates to a protected wild animal or to a specially protected wild bird, and to the ordinary penalty if it relates to any other protected wild bird.

6        Prohibitions relating to dens and nests etc. of protected wild animals and protected wild birds

(1)     Subject to paragraph (2), it shall be an offence for any person knowingly to –

(a)     damage or destroy the den of any protected wild animal while that den is in use;

(b)     take, damage or destroy the nest of any protected wild bird while that nest is in use or being built;

(c)     obstruct access to the den of any protected wild animal, or the nest of any protected wild bird, while that den or nest is in use; or

(d)     disturb any protected wild animal occupying a den or any protected wild bird occupying a nest.

(2)     Paragraph (1) does not apply –

(a)     to any person acting with authority of and in accordance with a licence;

(b)     to a person by reason of any act if the person satisfies the court –

(i)      that the act was the incidental result of a lawful operation, and

(ii)      that the act could not reasonably have been avoided; or

(c)     to anything done within a dwelling-house in relation to a protected wild animal or its den.

(3)     For the purposes of this Article, a den or nest may be in use notwithstanding that it is, at the time of any act described in paragraph (1), unoccupied.

(4)     A person guilty of an offence under paragraph (1) shall be liable to the special penalty where the offence relates to a protected wild animal or to a specially protected wild bird and to the ordinary penalty where it relates to any other protected wild bird.

7        Prohibition of sale of protected wild animals and protected wild birds

(1)     Subject to paragraph (2), it shall be an offence for any person to –

(a)     sell, offer or expose for sale, or have in the person’s possession, or transport, for the purposes of sale any protected wild animal or protected wild bird, whether living or dead or any part of or anything derived from such an animal or bird, including a blown egg of such a bird; or

(b)     publish or cause to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any of those things.

(2)     Paragraph (1) does not apply –

(a)     to any person acting with authority of and in accordance with a licence; or

(b)     where the act which would otherwise constitute an offence under it relates to a dead protected wild bird or anything derived from such a bird which is shown to have been killed otherwise than in contravention of this Law or was lawfully imported.

(3)     A person guilty of an offence under paragraph (1) shall be liable to the special penalty, where the offence relates to a protected wild animal or to a specially protected wild bird, and to the ordinary penalty where it relates to any other protected wild bird.

8        Prohibition of keeping etc. of protected wild animals and protected wild birds

(1)     Subject to paragraph (2), it shall be an offence for any person to keep or have in the person’s control any live protected wild animal or live protected wild bird.

(2)     Paragraph (1) does not apply to any person –

(a)     acting with authority of and in accordance with a licence; or

(b)     keeping or having in the person’s control any animal or bird taken for the purpose described in Article 5(3)(a) and also kept or held by the person for that purpose.

(3)     Subject to paragraph (4), it shall be an offence for any person to keep or have in the person’s control any dead protected wild animal or dead protected wild bird or any part of or anything derived from a protected wild animal or protected wild bird, including a blown egg of such a bird.

(4)     Paragraph (3) does not apply to any person –

(a)     acting with authority of and in accordance with a licence; or

(b)     keeping or having in the person’s control any 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 of such a bird, if the animal or bird was lawfully killed or taken.

(5)     A person guilty of an offence under paragraph (1) or (3) shall be liable to the special penalty where the offence relates to a protected wild animal or specially protected wild bird, and to the ordinary penalty where it relates to any other protected wild bird.

9        Prohibition of certain methods of killing or taking wild birds

(1)     Subject to paragraphs (2) to (4), it shall be an offence for any person to –

(a)     set in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact with it, that is to say, any spring, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening, or any poisonous, poisoned or stupefying substance;

(b)     use for the purpose of killing or taking any wild bird –

(i)      any article mentioned in sub-paragraph (a), whether or not of such a nature and so placed as described in that sub-paragraph,

(ii)      any net,

(iii)     any baited board, bird-lime or substance of a like nature to bird-lime,

(iv)     any bow or crossbow,

(v)     any explosive other than ammunition for a firearm,

(vi)     any automatic or semi-automatic weapon,

(vii)    any shot-gun of which the barrel has an internal diameter at the muzzle of more than 1 ¾ inches,

(viii)   any device for illuminating a target or any sighting device for night shooting,

(ix)     any form of artificial lighting or any mirror or other dazzling device,

(x)     any gas or smoke not falling within sub-paragraph (a) or clause (i), or

(xi)     any chemical wetting agent;

(c)     use as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live animal or bird whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured;

(d)     use any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird; or

(e)     knowingly cause or permit to be done an act mentioned in the foregoing sub-paragraphs.

(2)     Paragraph (1) does not apply to any person acting with authority of and in accordance with a licence.

(3)     In any proceedings under paragraph (1)(a), it shall be a defence for a person to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that the person took all reasonable precautions to prevent injury thereby to wild birds.

(4)     In any proceedings under paragraph (1)(e) relating to an act mentioned in paragraph (1)(a), it shall be a defence for a person to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that the person took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.

(5)     A person guilty of an offence under paragraph (1) shall be liable to the special penalty.

(6)     The Minister for Economic Development, Tourism, Sport and Culture, with the agreement of the Minister, may by Order, either generally or in relation to any kind of wild bird specified in the Order, amend paragraph (1) by adding any method of killing or taking wild birds or by omitting any such method as is mentioned in that paragraph.[4]

10      Prohibition of certain methods of killing or taking wild animals

(1)     Subject to paragraph (3), it shall be an offence for any person to –

(a)     set in position any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact with it;

(b)     use for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as described in sub-paragraph (a), or any bow or crossbow or any explosive other than ammunition for a firearm;

(c)     use as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever; or

(d)     knowingly cause or permit to be done an act which is mentioned in the foregoing sub-paragraphs.

(2)     Subject to paragraphs (3) to (5), it shall be an offence for any person to –

(a)     set in position any of the following articles, being an article which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 3 which comes into contact with it, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

(b)     use for the purpose of killing or taking any wild animal included in Schedule 3 –

(i)      any article mentioned in sub-paragraph (a), whether or not of such a nature and so placed as described in that sub-paragraph,

(ii)      any net,

(iii)     any automatic or semi-automatic weapon,

(iv)     any device for illuminating a target or sighting device for night shooting,

(v)     any form of artificial lighting or any mirror or other dazzling device, or

(vi)     any gas or smoke not falling within sub-paragraph (a) or clause (i);

(c)     use as a decoy, for the purpose of killing or taking any wild animal included in Schedule 3, any sound recording;

(d)     use any mechanically propelled vehicle in immediate pursuit of any wild animal included in Schedule 3 for the purpose of driving, killing or taking it; or

(e)     knowingly cause or permit to be done an act which is mentioned in the foregoing sub-paragraphs.

(3)     Paragraphs (1) and (2) do not apply to any person acting with authority of and in accordance with a licence.

(4)     In any proceedings under paragraph (2)(a), it shall be a defence for a person to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that the person took all reasonable precautions to prevent injury thereby to animals included in Schedule 3.

(5)     In any proceedings under paragraph (2)(e) relating to an act which is mentioned in paragraph (2)(a), it shall be a defence for a person to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that the person took or caused to be taken all reasonable precautions to prevent injury thereby to animals included in Schedule 3.

(6)     A person guilty of an offence under paragraph (1) or (2) shall be liable to the special penalty.

(7)     In any proceedings –

(a)     for an offence under paragraph (1)(b) or (c), (2)(b), (c) or (d); or

(b)     for an offence under paragraph (1)(d) or (2)(e) relating to an act mentioned in any provision referred to in sub-paragraph (a) of this paragraph,

the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(8)     The Minister for Economic Development, Tourism, Sport and Culture, with the agreement of the Minister, may by Order, either generally or in relation to any kind of wild animal specified in the Order, amend paragraphs (1) and (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in those paragraphs.[5]

11      Prohibition of export of certain reptiles and amphibians

(1)     Subject to paragraph (2), it shall be an offence for any person to export from Jersey any reptile or amphibian mentioned in Schedule 4.

(2)     Paragraph (1) does not apply to any person acting with authority of and in accordance with a licence.

(3)     A person guilty of an offence under paragraph (1) shall be liable to the special penalty.

12      Prohibition on showing wild birds for competition

(1)     Subject to paragraph (2), it shall be an offence for any person to show or cause or permit to be shown for the purposes of competition, or in any premises in which a competition is being held, any wild bird.

(2)     Paragraph (1) does not apply to any person acting with authority of and in accordance with a licence.

(3)     A person guilty of an offence under paragraph (1) shall be liable to the special penalty where the offence relates to a specially protected wild bird, and to the ordinary penalty in any other case.

12A   Protection of caged birds[6]

(1)     It shall be an offence for a person to keep or confine any bird or birds in a cage or other receptacle which is not sufficient in height, length and breadth to permit that bird to stretch both its wings freely or, as the case may be, to permit those birds, at the same time, to stretch both their wings freely, except while that bird or those birds are –

(a)     in the course of conveyance;

(b)     being shown for the purposes of any public exhibition or competition, if the time during which the bird or birds are kept or confined for those purposes does not, in the aggregate, exceed 72 hours; or

(c)     undergoing treatment by a veterinary surgeon.

(2)     A person guilty of an offence under this Article shall be liable to imprisonment for a term of 12 months and to a fine of level 3 on the standard scale.[7]

PART 3

PROTECTED PLANTS

13      Prohibition of picking etc. of protected plants

(1)     Subject to paragraphs (2) and (3), it shall be an offence for any person to knowingly pick, uproot, collect the seed of or destroy any protected plant.

(2)     Paragraph (1) does not apply to any person acting with authority of and in accordance with a licence.

(3)     A person shall not be guilty of an offence under paragraph (1) if the person shows that the picking, uprooting, collecting or destroying was an incidental result of a lawful operation and could not reasonably have been avoided.

(4)     A person guilty of an offence under paragraph (1) shall be liable to the ordinary penalty.

14      Prohibition of sale of protected plants

(1)     Subject to paragraph (2), it shall be an offence for any person to –

(a)     sell, offer or expose for sale, or have in the person’s possession, or transport, for the purposes of sale any protected plant, any part of such a plant, or anything made wholly or partly from such a plant; or

(b)     publish or cause to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any of these things.

(2)     Paragraph (1) does not apply to any person acting with authority of and in accordance with a licence.

(3)     A person guilty of an offence under paragraph (1) shall be liable to the ordinary penalty.

PART 4

MISCELLANEOUS AND SUPPLEMENTAL

15      Prohibition of release etc. of imported species

(1)     Subject to paragraph (4), it shall be an offence for any person to release or allow to escape into the wild –

(a)     any animal or bird which is of a kind which is not ordinarily resident in or a regular visitor to Jersey in a wild state; or

(b)     any pheasant (Phasianus colchicus), red-legged partridge (Alectoris rufa) or partridge (Perdrix perdrix).

(2)     Subject to paragraph (4), it shall be an offence for any person to plant or otherwise cause to grow in the wild any prescribed plant.

(3)     Paragraph (1) or (2) does not apply to any person acting with authority of and in accordance with a licence.

(4)     Subject to paragraph (5), it shall be a defence to a charge of committing an offence under paragraph (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

(5)     Where the defence provided by paragraph (4) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending 7 days before the hearing, he or she has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his or her possession.

(6)     The Minister, with the agreement of the Minister for Economic Development, Tourism, Sport and Culture, may by Order prescribe plants for the purposes of paragraph (2).[8]

(7)     A person guilty of an offence under paragraph (1) or (2) shall be liable to a fine.

16      Power to grant licences

(1)     Subject to paragraphs (2), (3) and (5), the Minister may grant a licence authorizing any person to do anything which would otherwise constitute an offence under any provision of Parts 2 – 4.

(2)     The Minister may only grant a licence, other than a licence authorizing the release of pheasants (Phasianus colchicus), red-legged partridges (Alectoris rufa) or partridges (Perdrix perdrix) into the wild, if the thing to be authorized will be done –

(a)     for scientific, research or educational purposes;

(b)     for the purpose of ringing or marking or attaching any other identifying or tracking device to any wild bird or wild animal, or examining any ring, mark or device;

(c)     for the purpose of preserving public health or public or air safety;

(d)     for the purpose of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for that purpose;

(e)     for the purpose of conserving flora or fauna;

(f)      for the purpose of preventing the spread of disease;

(g)     for the purpose of protecting any zoological or botanical collection; or

(h)     for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or other forms of property, whether movable or immovable.[9]

(3)     The Minister shall not grant a licence for any purpose mentioned in paragraph (2) unless the Minister is satisfied that, as regards that purpose, there is no other satisfactory solution and that anything authorized by the licence will not be detrimental to the survival of the population concerned.[10]

(4)     Subject to paragraph (5), a licence shall be granted for the period stated in it, and may be –

(a)     general or specific;

(b)     granted either to persons of a class or to a particular person;

(c)     subject to compliance with any specified conditions;

(d)     modified or revoked by the Minister at any time.

(5)     A licence which authorizes any person to kill protected wild animals or protected wild birds shall specify the area within which and the methods by which such animals or birds may be killed.

(6)     The Minister may charge a fee for the grant of a licence.

17      False statements made for obtaining licence

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 statement or information, which is false in a material particular,

shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

18      Enforcement

(1)     If a police officer or an authorized officer suspects with reasonable cause that any person is committing or has committed an offence under this Law the police officer or authorized officer may apply to the Bailiff for a warrant.

(2)     If the Bailiff is satisfied as to the grounds for suspecting that an offence under this Law is being or has been committed, the Bailiff may issue a warrant authorizing any one or more police officers or authorized officers to –

(a)     enter at any time, by force if necessary, any land where the offence appears to be taking or to have taken place;

(b)     examine any animal or bird found there and any place where it is kept, roosts or nests;

(c)     examine any plant found there; and

(d)     examine anything which may be used in connection with the commission of an offence under this Law.

(3)     A police officer or an authorized officer may seize and hold in a place of safe custody any animal or bird which the police officer or authorized officer has reasonable cause to suspect is in the possession or control of any person in contravention of this Law.

(4)     A police officer or an authorized officer may seize and detain anything which the police officer or authorized officer has reasonable cause to suspect is being or has been used in connection with the commission of an offence under this Law.

(5)     Any person who intentionally obstructs a police officer or authorized officer in the exercise of any powers conferred by or under this Article shall be guilty of an offence and liable to a fine.

19      Attempts to commit offences etc.

(1)     Any person who attempts to commit an offence under this Law shall be guilty of an offence and liable to be punished in like manner as for the said offence.

(2)     Any person who, for the purpose of committing an offence under this Law, has in the person’s possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in the like manner as for the said offence.

(3)     Any person who knowingly or wilfully aids, abets, counsels, causes, procures or commands the commission of an offence under this Law shall be liable to be dealt with, tried and punished as a principal offender.

20      Calculation of fines

Where any offence under this Law is committed in respect of more than one animal, bird, nest, egg, plant or other thing to which the offence relates, the maximum fine which may be imposed in respect of the offence shall be determined as if the offender had been convicted of a separate offence in respect of each of them.

21      Forfeiture

The court by which any person is convicted of an offence under this Law –

(a)     shall 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 15, 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.

22      Service of notices

(1)     This Article shall have effect in relation to any notice or other document required or authorized 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[11] in its application to this Article, the proper address of any person to or on whom a document is to be given or served shall be 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), it shall be 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, it shall be that 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 shall be 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 shall also be treated for the purposes of this Article and Article 7 of the Interpretation (Jersey) Law 1954 as the person’s proper address.

23      Power to amend Schedules

(1)     The Minister may by Order amend Schedules 1, 2, 3 and 4.

(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.

24      Orders

The Subordinate Legislation (Jersey) Law 1960[12] shall apply to Orders made under this Law.

25      Citation

This Law may be cited as the Conservation of Wildlife (Jersey) Law 2000.

 

 

 

 


SCHEDULE 1[13]

(Article 2)

PROTECTED WILD ANIMALS AND PROTECTED WILD BIRDS

PART 1

(Article 2(1))

Protected wild animals

 

Common Name

Scientific Name

Bats, horseshoe (all species)

Rhinolophidae

Bats, typical (all species)

Vespertilionidae

Dolphins (all species)

Cetacea

Five Shilling Shell

Mactra glauca

Frog, agile

Rana dalmatina

Hedgehog

Erinaceus europaeus

Lizard, green

Lacerta viridis, or Lacerta bilineata

Lizard, wall

Podarcis muralis

Newt, palmate

Lissotriton helveticus, also known as Triturus helveticus

Porpoises (all species)

Cetacea

Seals (all species)

Pennipedia

Shrew, common or French

Sorex coronatus

Shrew, lesser white-toothed

Crocidura suaveolens

Slow worm

Anguis fragilis

Snake, grass

Natrix natrix

Squirrel, red

Sciurus vulgaris

Toad, common

Bufo bufo and Bufo spinosus

Turtles, marine (all species)

Cheloniidae and Dermochelyidae

Vole, Jersey bank

Myodes glareolus spp. caesarius, also known as Clethrionomys glareolus ssp. caesarius

Whales (all species)

Cetacea

PART 2

(Article 2(2))

Protected wild birds

All wild birds except the following species –

 

Common Name

Scientific Name

Crow, carrion

Corvus corone

Magpie

Pica pica

Pigeon, feral

Columba livia

Pigeon, wood

Columba palumbus

 


SCHEDULE 2

(Article 2(3))

Specially protected wild birds

 

Common Name

Scientific Name

Bunting, cirl

Emberiza cirlus

Kingfisher

Alcedo atthis

Owl, barn

Tyto alba

Peregrine

Falco peregrinus

Plover, Kentish

Charadrius alexandrinus

Serin

Serinus serinus

Sparrowhawk

Accipiter nisus

Tit, bearded

Panurus biarmicus

Warbler, Cetti’s

Cettia cetti

Warbler, Dartford

Sylvia undata

 


SCHEDULE 3[14]

(Article 10)

Animals which may not be killed or taken by certain methods

 

Common Name

Scientific Name

Bats, horseshoe (all species)

Rhinolophidae

Bats, typical (all species)

Vespertilionidae

Dolphins (all species)

Cetacea

Frog, agile

Rana dalmatina

Hedgehog

Erinaceus europaeus

Lizard, green

Lacerta viridis, or Lacerta bilineata

Lizard, wall

Podarcis muralis

Shrew, common or French

Sorex coronatus

Shrew, lesser white-toothed

Crocidura suaveolens

Squirrel, red

Sciurus vulgaris

Vole, Jersey bank

Myodes glareolus spp. caesarius, also known as Clethrionomys glareolus ssp. caesarius

 


SCHEDULE 4[15]

(Article 11(1))

Reptiles and amphibians which may not be exported

 

Common Name

Scientific Name

Frog, agile

Rana dalmatina

Lizard, green

Lacerta viridis, or Lacerta bilineata

Lizard, wall

Podarcis muralis

Newt, palmate

Lissotriton helveticus, also known as Triturus helveticus

Slow worm

Anguis fragilis

Snake, grass

Natrix natrix

Toad, common

Bufo bufo and Bufo spinosus

 

 

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Conservation of Wildlife (Jersey) Law 2000

L.6/2000

12 June 2000 (R&O.47/2000)

Conservation of Wildlife (Amendment) (Jersey) Order 2001

R&O.72/2001

1 May 2001

Conservation of Wildlife (Amendment) (Jersey) Law 2002

L.15/2002

19 April 2002

Conservation of Wildlife (Amendment No. 2) (Jersey) Order 2003

R&O.62/2003

24 July 2003

States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005

R&O.132/2005

9 December 2005

Animal Welfare (Jersey) Law 2004

L.27/2004

1 February 2007

(R&O.10/2007)

Conservation of Wildlife (Amendment No. 3) (Jersey) Order 2009

R&O.58/2009

1 July 2009

Conservation of Wildlife (Amendment No. 4) (Jersey) Order 2011

R&O.106/2011

24 August 2011

Conservation of Wildlife (Amendment No. 5) (Jersey) Order 2014

R&O.133/2014

18 August 2014

Conservation of Wildlife (Amendment No. 6) (Jersey) Order 2014

R&O.179/2014

24 November 2014

Conservation of Wildlife (Amendment No. 7) (Jersey) Order 2015

R&O.114/2015

5 October 2015

States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (Jersey) Regulations 2015

R&O.158/2015

1 January 2016

Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016

L.1/2016

20 September 2016

(R&O.98/2016)

Table of Renumbered Provisions

Original

Current

PART I

PART 1

1(4), (5), (6)

spent, omitted from this revised edition

PART II

PART 2

5(2)(b)

repealed by L.15/2002

      (c)

5(2)(b)

PART III

PART 3

PART IV

PART 4

16(2A)

16(3)

    (3)

    (4)

    (4)

    (5)

    (5)

    (6)

25

spent, omitted from this revised edition

26

25

FIRST SCHEDULE

SCHEDULE 1

            PART I

            PART 1

            PART II

            PART 2

SECOND SCHEDULE

SCHEDULE 2

THIRD SCHEDULE

SCHEDULE 3

FOURTH SCHEDULE

SCHEDULE 4

FIFTH SCHEDULE

spent, omitted from this revised edition

Table of Endnote References



[1]                                    This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

[2] Article 1(1)              amended by R&O.158/2015, L.1/2016

[3] Article 5(2)              amended by L.15/2002

[4] Article 9(6)              amended by R&O.158/2015

[5] Article 10(8)            amended by R&O.158/2015

[6] Article 12A               inserted by L.27/2004

[7] Article 12A(2)         amended by L.1/2016

[8] Article 15(6)            amended by R&O.158/2015

[9] Article 16(2)            amended by L.15/2002

[10] Article 16(3)          inserted by L.15/2002

[11]                                   chapter 15.360

[12]                                   chapter 15.720

[13] Schedule 1              amended by R&O.72/2001, R&O.62/2003, R&O.58/2009, R&O.106/2011, R&O.133/2014, R&O.179/2014, R&O.114/2015

[14] Schedule 3              amended by R&O.106/2011, R&O.133/2014

[15] Schedule 4              amended by R&O.106/2011, R&O.133/2014, R&O.179/2014


Page Last Updated: 06 Apr 2017