S.L. 549.42 Art. 9Derogations.

(1) Derogations from the provisions of regulations 4, 5, 6, 7, 18 and 21 may be authorized where there is no other satisfactory solution, for the following reasons:

(a) in the interests of public health and safety;

(b) in the interests of air safety;

(c) to prevent serious damage to crops, livestock, forests, fisheries and water;

(d) for the protection of flora and fauna;

(e) for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes;

(f) to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers: Provided that in authorizing any derogations, the following must be specified:

(a) the species which are subject to the derogations;

(b) the means, arrangements or methods authorized for capture or killing;

(c) the conditions of risk and the circumstances of time and place under which such derogations may be granted;

(d) the controls which will be carried out.

(2) The Ornis Committee established under regulation 10 shall make recommendations to the Minister on the authorization of such derogations where it determines that the required conditions for authorizing any such derogations are in place.

(3) In making any such recommendations, the Ornis Committee established under regulation 10 shall act in accordance with the provisions of this regulation.

(4) The Wild Birds Regulation Unit shall draw up a report on the implementation of this regulation. This report shall be submitted to the Minister for his consideration by the end of July of every year.