Birds’ Eggs Act

LAWS OF SEYCHELLES BIRDS' EGGS ACT CHAPTER 16 REVISED EDITION 1991 PRINTED FOR THE GOVERNMENT OF SEYCHELLES BY SPACE TIlE GOVERNMENT PRINTER 1991 ED) BIRDS' EGGS ACT CHAPTER 16 [CAP 16 BUlliS' EGGS ACT [J31hMay.1933} ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Definitions. 3. Regulations. 4. Unlawful possession. 5. Seizure. 6. Fixing of quota. 7. Share of quota not to be allotted as of right. 1. This Act may be cited as the Birds' Eggs Act. 2. In this Act unless the context otherwise requires:­ "birds' eggs" means the eggs of sea-birds; "close season" means such period or periods as shall be determined by regulations under this Act as a close season for the protection of birds' eggs in relation to any island or place as may be specified in such regulations; "quota" means the quantity of binls' t:ggs or birds' t:gg products produced in Seychelles which may be exported during any period in accordance with an order published in the Gazette made by the Minister under section 6; "prescribed" means prescribed by regulations underthis Act. 3( 1) It shallbe lawful for the Minister from time to time to make regulations: (a) fixing a close season during which the collection of bird's eggs as scheduled in the regulations shall be 1 Act 7 of 1933. Act 2 of 1934. Act 7 of 1940. Act 4 of 1956. Act 3 of 1957. Act 38 of 1961. S.I. 95 of 1975. Act 23 ofl976. Short title. 3/23/1976. Definitions. 2/7/1940. 3/4/1956. 2/3/1957. S.1. 95/1975. 3/23/1976. Regulations. 5/7/1940. 3/3/1957. 2/38/1961. S.1. 95/1975. 3/23/1976. 1991 ED] BIRDS' EGGSACT [CAP 16 Unlawful possession. 4/3/1957. 3123/1976. Seizure. 212/1934. 3/23/1976. prohibited in any island or place as may be specified in such regulations; (b) for effectually preventing the collecting of such eggs during the close season; (c) fixing the period during which the export ofbirds' eggs and birds' egg products shall be permitted; (d) for effectually controlling the export ofbirds' eggs and birds' egg products; (e) for effectually controlling the collection and dis­ posal ofbirds' eggs; (f) providing for the furnishing ofreturns or the giving ofinformation generally or as may be required by a prescribed authority; (g) generally for carrying out or giving effect to the objects and provisions of this Act. (2) Such regulations may provide that contravention ofor failure to comply with any such regulation shall be an offence and any person guilty ofany such offence shall on conviction be liable to a fine not exceeding R.t, 000 or to imprisonment not exceeding one year or to both such fine and imprisonment. 4. Any person found inpossession, without sufficient excuse or justification, ofbirds' eggs collected or gathered in contra­ vention of any regulations made under this Act shall be guilty of an offence and liable to imprisonment not exceeding one month or to a fine not exceeding two hundred rupees or both. 5(1) Wherever there shall be sufficient grounds to suppose that any boat or any fishing tackle or any other appliance or article whatsoever has been used in the commission of any offence under this Act, it shall be lawful for any officer of the Department of Agriculture or of police to seize such boat, fishing tackle, appliance or article. (2) It shall be lawful for the court to order any eggs, the 2 1991 ED) BiRDS' EGGS ACT [CAP 16 subject matter of any offence under this Act or any boat, fishing tackle or any other appliance or article used in contravention of any ofthe provisions ofthis Act to be sold by a sworn auctioneer and the proceeds thereoflodged in the Treasury. (3) Any boat, fishing tackle, appliance or article seized under this Act, the sale ofwhich shall not have been ordered by a court as provided for under subsection (2) and not claimed within thirty days from the date of the seizure shall be ipso facto forteited as fully and effectually as if the forfeiture had been pronounced by judgment ofa competent court. 6. The Minister may fixby an order published in the Gazette the quota which may be exported from Seychelles during any period as may be fixed by regulations and also allot to any owner, lessee, contractor or person in charge ofany island producing birds' eggs a share of the quota. 7. No owner. lessee, contractor or person in charge of any island producing birds' eggs shall be entitled as of right to any share of the quota or to the renewal of any share allotted to him in the preceding year. 3 Fixingof quota. 3nt1940. S.1. 95/1975. Shareof quota notto be allotted as of right. 4ntl940.