Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 (S.I. No. 1730 (W. 164) of 2002)

The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] Welsh Statutory Instrument 2002 No. 1730 (W.164) The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 © Crown Copyright 2002 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Badge of Wales and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002, ISBN 0 11090550 4. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 2002 No. 1730 (W.164) ENVIRONMENTAL PROTECTION, WALES The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 Made 4th July 2002 Coming into force 1 September 2002 ARRANGEMENT OF REGULATIONS 1.Citation, commencement and application 2. Interpretation 3.Prohibition on use of cartridges containing lead shot 4.Powers of entry to determine whether any provisions of the Regulations have been broken 5.Offences 6.Revocation of 2001 Regulations SCHEDULES file:///bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110905504 http://www.tso.co.uk/howtoorder.htm http://www.tso.co.uk/howtoorder.htm The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] Schedule 1 - Sites of Special Scientific Interest Schedule 2 - Wild Birds in Respect of which the Prohibition on Shooting with Lead Shot Applies The National Assembly for Wales: i) having consulted the committee established[1] under section 140(5) of the Environmental Protection Act 1990[2]; ii) having published a notice in the London Gazette as required by section 140(6)(b) of that Act; 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 1990[3], hereby makes the following Regulations: Citation, commencement and application 1. - (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. Interpretation 2. In these Regulations "the 2001 Regulations" (Rheoliadau 2001) means the Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2001[4]; "authorised person" ("person awdurdodedig") means a person authorised under regulation 4(1) below; "lead shot" ("peledi plwm") means any shot made of (a) lead, or (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 1981[5]; The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] "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 shot 3. 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 broken 4. - (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 The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] 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, The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] (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. Offences 5. - (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. Revocation 6. The 2001 Regulations are revoked. Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6] D. Elis-Thomas The Presiding Officer of the National Assembly 4th July 2002 SCHEDULE 1 Regulation 3(b) SITES OF SPECIAL SCIENTIFIC INTEREST 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 The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] 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 The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] special scientific interest. SCHEDULE 2 Regulation 3(c) WILD BIRDS IN RESPECT OF WHICH THE PROHIBITION ON SHOOTING WITH LEAD SHOT APPLIES 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. EXPLANATORY NOTE (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 The Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002 file:///D/HTML/uk32903.htm[16.01.2025 11:36:31] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2002 Prepared 16 August 2002 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). Notes: [1] S.I. 1991/1487.back [2] 1990 c. 43.back [3] These powers, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999 / 672).back [4] S.I. 2001 / 4003 (W.331).back [5] 1981 c.69.back [6] 1998 c.38.back Cymraeg (Welsh) ISBN 0 11090550 4 file:///stat.htm file:/// http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.hmso.gov.uk/ http://www.hmso.gov.uk/hmsoform.htm http://www.wales-legislation.hmso.gov.uk/legislation/wales/wsi2002/20021730w.htm