S.L. 549.42 Art. 11Wild Birds Regulation Unit.

(1) The Wild Birds Regulation Unit shall be established by the Minister and shall be charged with implementing the recommendations of the Ornis Committee and Minister’s decisions concerning implementation of these regulations. The Wild Birds

Regulation Unit shall also act as Secretariat to the Committee established under regulation 10 and shall assist this Committee in the performance and in the carrying out of its functions:

Provided that in exercising any of its functions under these regulations, the Wild Birds Regulation Unit shall act in accordance with the provisions of these regulations.

(2) The Wild Birds Regulation Unit shall be responsible for the issuing of licences under these regulations, so however that the Commissioner may, on grounds of public policy and, or, of law and order, inform the Wild Birds Regulation Unit that an individual should not be issued with such licence.

(3) The Wild Birds Regulation Unit will not issue or renew a general licence where the Commissioner provides the advice in terms of sub-regulation (2), and, or, where the criteria established in Schedule VI are not satisfied.

(4) Without prejudice to the provisions of sub-regulation (3), whosoever feels aggrieved by the decision of the Wild Birds Regulation Unit not to issue or renew a particular licence, may appeal to the Ornis Committee within fifteen working days from the date when such decision is communicated to the applicant.

(5) Such appeal shall be lodged with the Secretary of the Committee in writing, who shall acknowledge such receipt of the appeal within fifteen days of its receipt in writing.

(6) In determining such appeal, the Ornis Committee may regulate its own procedure and shall give an opportunity to both the Wild Birds Regulation Unit and the appellant to present their views orally or in writing. The decisions of the Ornis Committee shall be final and conclusive.

(7) The decision taken by the Ornis Committee as provided for in sub-regulation (6) shall, without prejudice to sub-regulation (2) or of any other law, be binding on the Wild Birds Regulation Unit and any other person entrusted with the implementation of these regulations.

(8) The Wild Birds Regulation Unit shall be responsible for the implementation, compliance and enforcement of these regulations. In exercising such functions, the Wild Birds Regulation Unit may designate officers to assist the Executive Police and any other authority or department in the conduct of any inspections related to the scope of these regulations, or assist in the prosecution of any suspected breaches of these regulations. In the exercise of their functions, the designated officers shall act in accordance with these regulations and shall have all the powers stipulated in the Environment Protection Act.

(9) The Wild Birds Regulation Unit, assisted by the Executive Police, shall immediately suspend the relevant general licence for a period of one (1) year whenever a licensee accumulates in aggregate twelve (12) penalty points or more during a two (2) year period, in accordance with regulation 27A.

(10) During the period of suspension of the relevant licence in accordance with sub-regulation (9), the licensee shall be rendered ineligible to apply for a special licence associated with the relevant general licence that has been suspended, which special licence is issued under the terms of the relevant Framework Regulations, and shall also be rendered ineligible to apply for a licence or permit to participate in any research activity provided for in accordance with the first proviso to regulation 23(1).

(11) The Wild Birds Regulation Unit shall return the relevant general licence to the licensee following termination of the suspension period in accordance with sub-regulation (9).