2002 No. 1730 (W.164)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002

Made

Coming into force

The National Assembly for Wales:

  1. i

    having consulted the committee established1 under section 140(5) of the Environmental Protection Act 19902;

  2. ii

    having published a notice in the London Gazette as required by section 140(6)(b) of that Act;

  3. iii

    having considered the representations made in accordance with that notice;

considers it appropriate to make these Regulations for the purpose of preventing the substances or articles specified in them from causing pollution of the environment and harm to the health of animals and therefore, in exercise of the powers conferred by section 140 of the Environmental Protection Act 19903, hereby makes the following Regulations:—

Citation, commencement and application1

1

These Regulations may be cited as the Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 and come into force on 1 September 2002.

2

These Regulations apply to Wales.

Interpretation2

In these Regulations—

  • “the 2001 Regulations” (Rheoliadau 2001) means the Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 20014;

  • “authorised person” (“person awdurdodedig”) means a person authorised under regulation 4(1) below;

  • “lead shot” (“peledi plwm”) means any shot made of—

    1. a

      lead, or

    2. b

      any alloy or compound of lead if lead comprises more than 1% of that alloy or compound;

  • “premises” (“safle”) includes any land, vehicle or vessel, but does not include premises used for residential purposes;

  • “shot gun” (“gwn cetrys”) means a smooth-bore gun but does not include any shot-gun chambered for 9 millimetre or smaller rim-fire cartridges;

  • “site of special scientific interest” (“safle o ddiddordeb gwyddonol arbennig”) means an area of land notified under section 28(1) of the Wildlife and Countryside Act 19815;

  • “wild bird” (“aderyn gwyllt”) means any bird of a kind which is ordinarily resident in, or is a visitor to, Wales in a wild state.

Prohibition on use of cartridges containing lead shot3

No person shall use lead shot for the purpose of shooting with a shot gun—

a

on or over any area below high-water mark of ordinary spring tides;

b

on or over any site of special scientific interest included in Schedule 1 to these Regulations; or

c

any wild bird included in Schedule 2 to these Regulations.

Powers of entry to determine whether any provisions of the Regulations have been broken4

1

A person who appears suitable to the National Assembly may be authorised in writing by the National Assembly to exercise, in accordance with the terms of the authorisation, any of the powers specified in paragraph (2) below for the purpose of determining whether any provisions of these Regulations have been broken.

2

The powers which an authorised person may be authorised to exercise under paragraph (1) above are—

a

to enter at any reasonable time any premises which the authorised person has reason to believe it is necessary to enter;

b

on entering any premises by virtue of sub-paragraph (a) above to have with him or her—

i

any other authorised person;

ii

if there is reasonable cause to apprehend any serious obstruction which would interfere with the authorised person in the execution of his or her duty, a constable; and

iii

any equipment (other than heavy equipment) or materials required for any purpose for which the power of entry is being exercised;

c

to make such examination and investigation as may in the circumstances be necessary;

d

to take any dead or injured wild bird or to take samples, or to cause samples to be taken, of any articles or substances found in or on any premises which the authorised person has power to enter and to cause any such bird or sample to be analysed or tested;

e

in the case of any such bird or sample as is mentioned in sub-paragraph (d) above, to take possession of it and to retain it for so long as is necessary for all or any of the following purposes, namely—

i

to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which the authorised person has power to do under that sub-paragraph;

ii

to ensure that it is not tampered with before examination of it is completed;

iii

to ensure that it is available for use as evidence in any proceedings for an offence.

3

Where an authorised person proposes to enter any premises and—

a

entry has been refused and the authorised person apprehends on reasonable grounds that the use of force may be necessary to effect entry; or

b

the authorised person apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry on to those premises by virtue of these regulations shall only be effected under the authority of a warrant by virtue of paragraph (4) below.

4

If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

a

that there are reasonable grounds for the exercise, in relation to any premises, of a power under this regulation (including a power exercisable by virtue of a warrant under this paragraph), and

b

that one or more of the conditions specified in paragraph (5) below is fulfilled,

the justice may by warrant authorise the National Assembly to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

5

The conditions mentioned in sub-paragraph (4)(b) above are—

a

that the exercise of the power in relation to the premises has been refused;

b

that such a refusal is reasonably apprehended;

c

that the premises are unoccupied;

d

that the occupier is temporarily absent from the premises and the case is one of urgency; or

e

that an application for admission to the premises would defeat the object of the proposed entry.

6

Every warrant under paragraph (4) above shall continue in force until the purposes for which the warrant was issued have been fulfilled.

7

An authorised person, or a person designated under paragraph (4) above, shall, (if so requested), produce evidence of the authority or designation.

8

An authorised person, or a person designated under paragraph (4) above, who, in exercise of any power conferred by this regulation, enters on any premises which are unoccupied or whose occupier is temporarily absent, shall leave the premises secured against trespassers as effectively as before that person entered.

9

An authorised person, or a person designated under paragraph (4) above, shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any power conferred by this regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

Offences5

1

Any person who contravenes regulation 3 above or causes or permits another person to contravene that regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

2

Any person who intentionally obstructs a person acting in the exercise of any power under regulation 4 above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Revocation6

The 2001 Regulations are revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986

D. Elis-ThomasThe Presiding Officer of the National Assembly

SCHEDULE 1SITES OF SPECIAL SCIENTIFIC INTEREST

Regulation 3(b)

Site of Special Scientific Interest

Date of Notification under section 28(1) of the Wildlife and Countryside Act 1981

Location (OS Grid Reference) (see note below)

Angle Bay

04/03/1993

SM883025

Beddmanarch-Cymyran

25/09/1998

SH275790

Broadwater

13/01/1993

SH582027

Burry Inlet and Loughor Estuary

25/09/1989

SS135985

Carew and Cresswell Rivers

04/03/1993

SN025055

Cosheston Pill

04/03/1993

SM990036

Daugleddau

04/03/1993

SN003116

Dee Estuary

23/09/1998

SJ220800

Dyfi

14/03/1995

SN635950

Flatholm

10/03/1993

ST220649

Gronant Dunes / Talacre Warren

29/01/1998

SJ100847

Inner Marsh Farm

11/02/1995

SJ307735

Laugharne and Pendine Burrows

18/02/1990

SN290070

Llyn Alaw

29/03/1985

SH390865

Llyn Syfaddan / Llangorse Lake

09/02/1983

SO133265

Llyn Traffwll

18/02/1986

SH325770

Llynnoedd y Fali / Valley Lakes

22/05/1986

SH310770

Morfa Harlech

25/05/2001

SH570660

Ynys Llanddwyn / Newborough Warren

09/03/1995

SH400640

Pembrey Coast

10/11/1983

SN316054

Pembroke River and Pwll Crochan Flats

04/03/1993

SM940025

Severn Estuary

02/02/1989

ST226758

Shotton Lagoon and Reedbeds

19/10/1999

SJ298709

Sully Island

16/12/1986

ST167670

Teifi Estuary

08/12/1997

SN158502

SN785675

Traeth Lafan

24/09/1984

SH630750

Whiteford Burrows and Landimore Marsh

04/04/1984

SS450955

Note: The Ordnance Survey National Grid reference gives a point within the site of special scientific interest.

SCHEDULE 2WILD BIRDS IN RESPECT OF WHICH THE PROHIBITION ON SHOOTING WITH LEAD SHOT APPLIES

Regulation 3(c)

Common Name

Scientific Name

Coot

Fulica Atra

Ducks and Geese (all species of each)

Anatidae

Moorhen

Gallinula chloropus

Note: The common name or names are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

(This note is not part of the Regulation)

These Regulations, which apply to Wales, prohibit the use of lead shot for shooting with a shotgun—

a

on or over any area below the high-water mark;

b

on or over the sites of special scientific interest included in Schedule 1 to the Regulations; or

c

any wild bird included in Schedule 2 to the Regulations namely ducks and geese (all species of each), coot and moorhen (regulation 3).

  • “Lead shot” means any shot made of lead or of any alloy or compound of lead where lead comprises more than 1% of that alloy or compound (regulation 2).

Regulation 4 provides for powers of entry and inspection, a power to take samples, and a power to take any dead or injured wild birds, in order to determine whether any provisions of the Regulations have been broken.

Regulation 5 provides that breach of regulation 3, or obstruction of a person exercising any power under regulation 4, is a criminal offence punishable by a fine not exceeding level 3 on the standard scale.

Notifications of sites of special scientific interest under section 28(1) of the Wildlife and Countryside Act 1981 are registered as local land charges (section 28(9) of that Act).

Details of the areas included in the sites of special scientific interest listed in Schedule 1 to the Regulations can be obtained from the Countryside Council for Wales at Plas Penrhos, Ffordd Penrhos, Bangor, Gwynedd, LL57 2LQ.

The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2001 (S.I.2001/4003 (W.331)), are revoked (regulation 6).