The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008

Welsh Statutory Instruments

2008 No. 1927 (W.183)

WILDLIFE, WALES

The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008

Made

17 July 2008

Laid before the National Assembly for Wales

21 July 2008

Coming into force

12 August 2008

The Welsh Ministers—

(a) have received a representation made to them by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the Natural Environment and Rural Communities Act 2006(1);

(b) in accordance with section 26(4)(a) of the Wildlife and Countryside Act 1981(2), have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and

(c) are of the opinion that the animals referred to in Articles 2(a), (b), (c), (d) and (e) of this Order are in danger of extinction in Great Britain or likely to become so endangered unless conservation measures are taken.

In exercise of the powers conferred by section 22(3) of the Wildlife and Countryside Act 1981(3), and now vested in them(4), the Welsh Ministers make the following Order:

Title, commencement, extent and application

1.—(1) The title of this Order is the Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008.

(2) This Order comes into force on 12 August 2008.

(3) This Order extends to Wales and England.

(4) This Order applies to Wales(5).

Variation of Schedule 5

2.  In Schedule 5 to the Wildlife and Countryside Act 1981(6) (animals which are protected)—

(a) in the entry relating to “Seahorse, Short Snouted”, after “England”, insert “and Wales”;

(b) in the entry relating to “Seahorse, Spiny”, after “England”, insert “and Wales”;

(c) in the entry relating to “Shark, Angel”, after “England”, insert “and Wales”;

(d) in the entry relating to “Snail, Roman”, after “England”, insert “and Wales”;

(e) in the entry relating to “Vole, Water”, omit “(in so far as this entry has effect with respect to Wales, in respect of section 9(4)(a) only)”; and

(f) in Note 2 at the end of the Schedule, after “In this Schedule “excluded waters” means the part of the territorial waters adjacent to England”, insert “and Wales”.

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

17 July 2008

Explanatory Note

(This note is not part of the Order)

This Order, which applies in relation to Wales, varies Schedule 5 to the Wildlife and Countryside Act 1981, which lists animals protected under section 9 of that Act.

Articles 2(a), (b), (c) and (d) add four animals to Schedule 5 as it applies in Wales. Two seahorse species (short snouted seahorse and spiny seahorse) are given general protection under section 9. The angel shark and the roman snail are given limited protection. The protection afforded to angel shark does not apply to those territorial waters between 6 and 12 nautical miles from baselines. Article 2(e) replaces the limited protection previously afforded to water vole by general protection.

A regulatory impact assessment has been prepared and copies can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

(1)

2006 c. 16. For the definition of “the GB Conservation bodies” see section 27(3A) of the Wildlife and Countryside Act 1981 (c. 69), inserted by section 105(1) of, and paragraph 76(1) and (4) of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16).

(2)

1981 c. 69.

(3)

Section 22(3) was amended by sections 132 and 133 of, and paragraph 11(1) and (5) of Schedule 9 to, the Environmental Protection Act 1990 (c. 43) and has been subsequently amended by section 105(1) of, and paragraphs 74(1) and (2) of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16).

(4)

Functions of the Secretary of State under section 22(3) of the Wildlife and Countryside Act 1981, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were then transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(5)

By virtue of section 27(5) of the Wildlife and Countryside Act 1981 (c. 69), “Wales” includes the territorial waters adjacent to Wales.

(6)

Schedule 5 has been varied (in relation to England and Wales) by S.I. 1988/288, 1989/906, 1991/367, 1992/2350, 1998/878, 2007/1843 and 2008/431.