Statutory Instrument 1995 No. 761 (N.I. 6)

The Wildlife (Amendment) (Northern Ireland) Order 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 761 (N.I. 6)

NORTHERN IRELAND

The Wildlife (Amendment) (Northern Ireland) Order 1995

Made	15th March 1995

Coming into operation on days to be appointed under Article I

At the Court at Buckingham Palace, the 15th day of March 1995

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

1974 c. 28
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Title and commencement
    1.    This Order may be cited as the Wildlife (Amendment) (Northern Ireland) Order 1995 and shall come into operation on such day or days as the Head of the Department of the Environment may by order appoint.

Interpretation
    2.—

1954 c. 33 (N.I.)
(1)  The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

    (2)  In this Order "the 1985 Order" means the Wildlife (Northern Ireland) Order 1985.

1985 NI 2

Power to issue general licences to kill wild birds
    3.    In Article 18 of the 1985 Order (power to grant licences)—
 (a) for paragraph (6) there shall be substituted the following paragraphs—
"  (6)  A licence under this Article which authorises any person to kill wild birds—
(a) shall specify—
(i) the species of wild birds which may be killed;

(ii) the area within which, and the methods by which such wild birds may be killed; and

(b) subject to paragraph (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.


    (6A)  A licence under this Article which authorises any person to kill wild animals—
(a) shall specify—
(i) the species of wild animals which may be killed and the person who is authorised to kill them;

(ii) the area within which, and the methods by which such wild animals may be killed; and

(b) subject to paragraph (5)(d), shall be valid for the period, not exceeding two years, stated in the licence."; and

 (b) in paragraph (5) for "paragraph (6)" there shall be substituted "paragraphs (6) and (6A)".

Repeal of certain exceptions to protection of wild birds
    4.—(1)  The following provisions of the 1985 Order (which except certain birds from certain provisions of Part II of that Order protecting wild birds) are hereby repealed, namely—
 (a) in Article 4(6)(a) the words "other than one included in Part II of Schedule 2";
 (b) Article 5(2);
 (c) Article 6(4)(a);
 (d) Article 16(2);
 (e) Part II of Schedule 2.

    (2)  In Article 5(3) of the 1985 Order for "Paragraphs (1) and (2)" there shall be substituted "Paragraph (1)".

N. H. Nicholls

Clerk of the Privy Council

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Wildlife (Northern Ireland) Order 1985 by repealing certain exceptions to the protection of wild birds contained in Part II of that Order and by enabling general licences to be issued under Article 18 to kill wild birds.

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ISBN 0 11 052699 6

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