No. 11 of 1991.
GIBRALTAR
No. 11 of 1991.
AN ORDINANCE to provide for the protection of wild birds, animals
ENACTED by the Legislature of Gibraltar
and plants and for the designation and preservation of protected
areas for the purpose of nature conservation and matters
incidental thereto.
PART I. - PRELIMINARY.
Title and commencement.
1. This Ordinance may be cited as the Nature Protection
Ordinance 1991 and shall come into effect on a date to be
appointed by the Governor by notice in the Gazette and different
days may be so appointed for different purposes.
Interpretation and application.
2.(1) In this Ordinance, unless the context otherwise requires --
"advertisement" includes a catalogue, circular or pricelist
"aviculture" means the breeding and rearing of birds in
captivity;
"destroy", in relation to an egg, includes doing anything
to the egg which is calculated to prevent it from hatching, and
"destruction" shall be construed accordingly;
''firearm" has the meaning given to it in section 2 of the
Firearms Ordinance;
"habitat" means an area used in relation to wild birds and
animals for feeding, breeding and nesting and in relation to wild
plants the area in which normal growth occurs.
"marine nature area" means an area designated under section
18(2);
"Nature Conservancy Council" means the Gibraltar Nature
Conservancy Council which is the scientific authority established
under section 4 of the Endangered Species Ordinance l990;
"nature conservation area" means an area designated under section
18(1);
"pick", in relation to a plant, means gather, cut or pluck any
part of the plant without uprooting it;
"poultry" means domestic fowls, geese, ducks, guinea fowls,
pigeons, quails and turkeys;
"sale" includes hire, barter and exchange and cognate expressions
shall be construed accordingly;
"uproot", in relation to a plant, means dig up or otherwise
remove the plant from the land or other medium on which it is
growing;
"vehicle" includes aircraft, hydrofoil, hovercraft and boat;
"wild animal" means any animal (other than a bird) of a kind
which is or (before it was killed or taken) was resident in or a
visitor to Gibraltar in a wild state;
"wild bird" means any bird of a kind which is ordinarily resident
in or is a visitor to Gibraltar in a wild state but does not
include poultry;
"wild plant" means any plant which is or (before it was picked,
uprooted or destroyed) was growing wild and is of a kind which
grows in Gibraltar in a wild state.
(2) A bird shall not be treated as bred in captivity for the
purpose of this Ordinance unless its parents were lawfully in
captivity when the egg was laid.
(3) Any reference in this Ordinance to an animal or bird of any
species includes, unless the context otherwise requires, a
reference to an egg, larva, pupa, or other immature stage of an
animal or bird of that species.
(4) The provisions of this Ordinance extend to the territorial
waters adjacent to Gibraltar.
PROTECTION OF WILD BIRDS, WILD ANIMALS AND PLANTS.
Protection of wild birds, their nests and eggs.
3. (1) Subject to the provisions of this Part, if any person
intentionally-
(a) kills, injures or takes any wild bird;
(b) takes, damages or destroys the nest of any wild bird
while that bird's nest is in use or being built; or
(c) takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
(2) Subject to the provisions of this Part, if any person
has in his possession or control --
(a) any live or dead wild bird or any part of, or anything
derived from, such a bird; or
(b) an egg of a wild bird or any part of such an egg,
he shall be guilty of an offence.
Prohibition of certain methods of killing or taking wild animals.
10. (1) Subject to the provisions of this Part, if any person
who ---
(a) sets 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 therewith;
(b) uses for the purpose of killing or taking any wild
animals any self-locking snare, whether or not of such
a nature or so placed as aforesaid, any bow or
crossbow, any sling or catapult, any explosive, and
electrical device for killing or stunning, any seine or
gill net, any pot or device for raking of sea-bed, any
automatic or semi-automatic weapon, any shotgun, any
device for illuminating a target or sighting device for
night shooting, any form of artificial light or any
mirror or other dazzling device or any gas or smoke;
(c) uses as a decoy, for the purpose of killing or
taking any wild animal, any live animal or bird
whatever or any sound recording;
(d) uses any mechanical propelled vehicle in immediate
pursuit for the purpose of driving, killing or taking
any wild animal; or
(e) uses any live bird, animal for the purpose of
killing or taking any wild animal,
he shall be guilty of an offence.
(2) Subject to the provisions of this Part, if any person
sets 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 of a
kind specified in Schedule I which comes into contact
therewith, that is to say, any trap or snare or any
poisonous. Poisoned or stupefying substance, he shall be
guilty of an offence.
(3) subject to the provisions of this Part, if any person --
(a) sets in position any 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
therewith; and
(b) while the snare remains in position fails, without
reasonable excuse, to inspect it, or cause it to be
inspected, at least once every day, he shall be guilty
of an offence.
15. (1) Any person who attempts to commit an offence under the
foregoing provisions of this Part, shall be guilty of an
offence and shall be punishable in like manner as for the
said offence.
(2) Any person who for the purposes of committing an offence
under the foregoing provisions of this Part, has in his
possession anything capable of being used for committing the
offence, shall be guilty of an offence and shall be
punishable in like manner as for the said offence.
Enforcement.
16. If a Police officer or a person appointed for the purpose of
enforcing this Ordinance under section 21 suspects with
reasonable cause that any person is committing or has committed
an offence under this Part, the officer or person appointed may
without warrant-
(a) stop and search that person;
(b) search or examine any thing or vehicle which that person
may then be using or have in his possession;
(c) seize and detain for the purposes of proceedings under
this Part, anything which may be evidence of the commission
of the offence or may be liable to be forfeited under
section 17.
Penalties, forfeitures etc.
17. (1) Subject to sub-section (3), a person guilty of an
offence under sections 3, 5, 6, 8, 10, 11 or 15 shall be
liable
a) on summary conviction to a fine at level 5 on the
standard scale or 6 months imprisonment or both; or
(b) on conviction on indictment to imprisonment for 2
years and to a fine.
(2) Subject to sub-section (3), a person guilty of an
offence under sections 7, 12 or 14 shall be liable on
summary conviction to a fine at level 4 on the standard
scale or 6 months imprisonment or to both.
(3) Where an offence to which sub-sections (1) or (2)
applies was committed in respect of more than one bird,
nest, egg, other animal, plant or other thing, the fine
which may be imposed under that subsection shall be
determined as if the person convicted had been convicted of
a separate offence in respect of each bird, nest, egg,
animal, plant or thing.
(4) The Court by which any person is convicted of an offence
under this Part --
(a) shall order the forfeiture of any bird, nest, egg,
other animal, plant or thing in respect of which the
offence was committed; and
(b) may order the forfeiture of any vehicle, animal,
weapon or other thing which was used to commit the
offence and, in the case of an offence under section
12, any animal or plant which is of the same kind as
that in respect of which the offence was committed and
was found in his possession.
PART III.
NATURE CONSERVATION.
Areas of special interest protected for the purpose of nature
conservation etc.
18. (1) Subject to the provisions of sub-section (3) where the
Governor is of the opinion after consultation with the
Nature Conservancy Council that an area of land is of
special interest-
(a) by reason of any of its flora, fauna
geological or physiographical features;
(b) by reason of being the habitat of any wild
bird, wild animal of a kind specified in Schedule
1 or wild plant (other than a plant specified in
Schedule 2);
(c) for the purpose of securing the survival in
Gibraltar of any kind of wild bird, wild animal of
a kind specified in Schedule I or wild plant
(other than a plant specified in Schedule 2);
(d) for the purpose of complying with any
international obligation;