Wildlife and Natural Environment Act (Northern Ireland) 2011
| Jurisdiction | Northern Ireland |
(1) It is the duty of every public body, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions.(2) In complying with subsection (1) , a public body must in particular have regard to any strategy designated under section 2(1) .in relation to any species of flora or fauna, restoring or enhancing a population of that species;in relation to any type of habitat, restoring or enhancing the habitat.(4) The Department must issue guidance containing recommendations, advice and information for the assistance of public bodies in complying with the duty under subsection (1) .a Northern Ireland department;a district council;a statutory undertaker within the meaning of the Planning (Northern Ireland) Order 1991 (NI 11) ;any other body established or constituted under a statutory provision.(1) The Department must designate one or more strategies for the conservation of biodiversity (whether prepared by the Department or by one or more other persons) .(2) The Department must publish any strategy so designated.(3) A strategy so designated may include different provision for different cases or types of case.not later than 5 years after the coming into operation of subsection (1) , andat least once in every period of 5 years thereafter,(1) The Department must publish a list of the species of flora and fauna and types of habitat which in the Department's opinion are of principal importance for the purpose of conserving biodiversity.keep under review any list published under this section;make such revisions of any such list as appear to the Department appropriate; andpublish any list so revised as soon as reasonably practicable after revising it.take such steps as appear to the body to be reasonably practicable to further the conservation of the species of flora and fauna and types of habitat included in any list published under this section; orpromote the taking by others of such steps.(4) In this section “public body” has the same meaning as in section 1.(1) The Wildlife Order is amended as follows.(2) In Article 4(1) (protection of wild birds, their nests and eggs) after sub-paragraph (b) insert—
“ or recklessly ” .Article 4(1) and (6) (protection of wild birds, their nests and eggs) ;Article 10(1) and (4) (protection of certain wild animals) ;Article 14(1) (a) and (b) (protection of wild plants) ; andArticle 16(1) (a) (wildlife refuges) .(1) The Wildlife Order is amended as follows.(2) In Article 4 (protection of wild birds, their nests and eggs) after paragraph (6) insert—
- (ba) at any other time takes, damages or destroys the nest of any wild bird included in Schedule A1; or
- (bb) obstructs or prevents any wild bird from using its nest; or
| Common name | Scientific name |
|---|---|
| Eagle, Golden | Aquila chrysaetos |
| Eagle, White-tailed | Haliaetus albicilla |
| Osprey | Pandion haliaetus |
| Owl, Barn | Tyto alba |
| Peregrine | Falco peregrinus |
| Kite, Red | Milvus milvus |
| NOTE: The first column of this Schedule, which gives the common name or names, is included by way of guidance only; in the event of any dispute or proceedings, only the second column is to be taken into account. | |
| Common name | Scientific name |
|---|---|
| Eagle, Golden | Aquila chrysaetos |
| Eagle, White-tailed | Haliaetus albicilla |
| Osprey | Pandion haliaetus |
| Owl, Barn | Tyto alba |
| Peregrine | Falco peregrinus |
| Kite, Red | Milvus milvus |
| NOTE: The first column of this Schedule, which gives the common name or names, is included by way of guidance only; in the event of any dispute or proceedings, only the second column is to be taken into account. | |
- (6A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this Article shall be guilty of an offence.
- (2A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by paragraph (1) (a) or (2) (a) shall be guilty of an offence.
- (4B) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this Article shall be guilty of an offence.
- (2A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by paragraph (1) (a) or (2) (a) shall be guilty of an offence.
- (3A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by paragraph (1) or (2) (a) shall be guilty of an offence.
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