The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2009

Northern Ireland Statutory Rule 2009 No. 8 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 7 January 2009
In force from: 30 January 2009
Extent: Not stated
Subject: Dogs, animals, hunting and wildlife
Made under: Regulations under section 2(2) of the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 1995 (“the 1995 Regulations”) which make provision for implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (“the Habitats Directive”) (O.J. No L206, 22.7.92, p.7). Regulation 3 amends regulation 9A of the 1995 Regulations to specify in greater detail the arrangements to be made by the Department, or the Secretary of State as the case may be, for the surveillance of the conservation status of natural habitat types of Community interest and species of Community interest. Similarly, regulation 6 amends regulation 36A of the 1995 Regulations to specify in greater detail the arrangements to be made by the Department, or the Secretary of State as the case may be, for monitoring the incidental capture and incidental killing of animals of the species listed in Annex IV(a) to the Habitats Directive. Regulation 4 amends regulation 34 of the 1995 Regulations by amending the terms of the offence of deliberately disturbing a European protected species of animal. It also revokes regulation 34(8), (9) and (10) which contained special provision as to the interpretation of the disturbance offence in regulation 34(1) in relation to sea fishing. Regulation 5 amends regulation 35 of the 1995 Regulations, which contains defences to the offences contained in regulation 34 relating to European protected species of animal, by providing that those defences do not apply where it is shown that there was a satisfactory alternative to the defendant’s action or that the action was detrimental to the maintenance of the population concerned at a favourable conservations status.

Offences created by this instrument

It is an offence— a deliberately to capture, injure or kill a wild animal of a European protected species; b… regulation 4 · Status not determined · Requires proof of a state of mind
It is an offence— a deliberately to capture, injure or kill a wild animal of a European protected species; b… regulation 4(a) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2009