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2004 No. 1733 (W.176)

WILDLIFE, WALES

The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004

  Made 6 July 2004 
  Coming into force 2 August 2004 

The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers conferred upon it by the said section 2(2), hereby makes the following Regulations:

Citation, commencement, extent and application
     1.  - (1) These Regulations may be cited as the Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 and come into force on 2 August 2004.

    (2) These Regulations extend to England and Wales and apply in relation to Wales.

Interpretation
     2. In these Regulations  - 

Application of the Wildlife and Countryside Act 1981: Wales
     3.  - (1) Section 27ZA of the Act (inserted by the 2004 Regulations) ceases to have effect, so that the amendments to Part 1 of the Act which were made by regulations 3 and 4 of the 2004 Regulations and which are contained in the Schedule to these Regulations apply also in relation to Wales.

    (2) The reference in Schedule 1 to the National Assembly (Transfer of Functions) Order 1999[5] to the Act is to be treated as referring to the Act as amended by the 2004 Regulations and these Regulations.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6]


D. Elis-Thomas
The Presiding Officer of the National Assembly

6 July 2004



SCHEDULE
Regulation 3(1)


AMENDMENTS TO THE WILDLIFE AND COUNTRYSIDE ACT 1981


     1. In section 1 (protection of wild birds, their nests and eggs) - 

     2. In the definition of "wild bird" in subsection (1) of section 27 (interpretation of Part 1) - 


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply to Wales, amend Part 1 of the Wildlife and Countryside Act 1981 ("the Act"), which transposes in part Council Directive 79/409/EEC on the conservation of wild birds (O.J. No. L103, 25.04.1979, p.1).

The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2004 ("the 2004 Regulations") inserted a new section 27ZA in the Act with the effect that the other amendments made by those Regulations applied in relation to England only. By virtue of these Regulations, section 27ZA of the Act ceases to have effect, thereby applying in relation to Wales the amendments made by the 2004 Regulations.

Those amendments, which are set out in the Schedule to these Regulations, include a restriction on the scope of the defences under section 1(3) of the Act, and an extension to the definition of "wild bird" in section 27 of the Act.

Notes:

 [1] S.I. 2002/248, article 3 and Schedule 2.back

[2] 1972 c.68.back

[3] 1981 c.69.back

[4] S.I. 2004/1487.back

[5] S.I. 1999/672.back

[6] 1998 c.38.back


Cymraeg (Welsh)


ISBN 0 11090967 4


  © Crown copyright 2004

Prepared 13 July 2004

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URL: http://www.bailii.org/wales/legis/num_reg/2004/20041733e.html