i e AT 3 of 1981 ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1981

Transcription

1 i e AT 3 of 1981 ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1981

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3 Endangered Speies (Import and Export) At 1981 Index i e ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1981 Index Setion Page 1 Restrition of importation and exportation, et, of ertain animals and plants Lienes to import and export, et Sientifi Advisory Committee Power to presribe animals and plants Offene to sell et. things imported ontrary to setion 1 or their derivatives Power to restrit plaes at whih live animals may be imported Restrition of movement of ertain live animals after importation Provisions supplementary to setion Offenes by orporations Finanial provisions Interpretation, et [Repealed] Short title and ommenement SCHEDULES 1 TO 3 17 ENDNOTES 19 TABLE OF LEGISLATION HISTORY 19 TABLE OF RENUMBERED PROVISIONS 19 TABLE OF ENDNOTE REFERENCES 19 AT 3 of 1981 Page 3

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5 Endangered Speies (Import and Export) At 1981 Setion 1 i e ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1981 Reeived Royal Assent: 18 February 1981 Passed: 17 Marh 1981 Commened: 1 June 1981 AN ACT to restrit the importation and exportation (inluding removal from and to the United Kingdom) of ertain animals, plants and items and to restrit ertain transations in respet of them or their derivatives; to onfer on the Isle of Man Board of Agriulture and Fisheries power to restrit by order the plaes at whih live animals may be imported; to restrit the movement after importation of ertain live animals; and for onneted purposes. GENERAL NOTE: The maximum fines in this At are as inreased by the Fines At 1986 and by the Criminal Justie (Penalties, Et.) At 1993 s 1. Preamble Whereas a Convention of International Trade in endangered Speies of Wild Fauna and Flora (in this At referred to as the Convention) whih was signed in Washington on 3rd Marh, 1973 is in fore in the Island. And whereas it is expedient to give effet in the Island to the restritions on international trade ontained in the Convention and to make ertain other provisions in onnetion with the onservation of endangered animals and plants: 1 Restrition of importation and exportation, et, of ertain animals and plants [P1976/72/1(1); P1976/72/1(2); 1976/21/3(3); 1976/21/3(4)] (1) Without prejudie to any other enatment, subjet to subsetion (2), the importation and the exportation of the following things are hereby prohibited, namely a live or dead animal of any of the kinds whih are presribed for the purposes of this paragraph; 1 AT 3 of 1981 Page 5

6 Setion 2 Endangered Speies (Import and Export) At 1981 a live or dead plant of any of the kinds whih are presribed for the purposes of this paragraph; 2 () a prohibited item. 3 (2) Subsetion (1) does not apply to the importation or exportation of anything under and in aordane with the terms of a liene issued by the Department of Environment, Food and Agriulture (in this At referred to as the Department ). 4 (3) Where the Department is satisfied that the issue of a liene authorising the importation or exportation of any item whih is part of or derives from or is made wholly or partly from an animal or plant to whih paragraph or of subsetion (1) applies; but is not a prohibited item, would failitate the importation or exportation of that item, it may, if it onsiders it expedient to do so, issue suh a liene. 5 (4) Any person duly authorised in writing by the Department may, at any reasonable time and (if required to do so) upon produing evidene that he is so authorised, enter any premises where any animals or plants to whih paragraph or of subsetion (1) applies are kept (whether temporarily or permanently) in order to asertain whether any of the animals or plants kept there have been imported ontrary to this setion. 6 (5) Any person who wilfully obstruts a person ating under subsetion (3) shall be liable on summary onvition to a fine not exeeding 5, Lienes to import and export, et [P1976/72/1(3)- (8)] (1) The Department shall submit any appliation for a liene under setion 1(2) to the Committee; and before it issues or delines to issue a liene in pursuane of the appliation, the Department shall allow the Committee not more than one month from the date of appliation so to advise it. 8 (1A) Subsetion (1) shall not apply in relation to an appliation of any desription if the Committee has advised the Department as to whether lienes should be issued in pursuane of appliations of that desription and, if so, their terms. 9 (2) A liene issued under setion 1(2) or (3) shall, unless sooner revoked, be valid for a period of 12 months ommening with the date the liene is issued or suh shorter period as is stated in the liene. 10 (3) The Department may harge for the issue of a liene under setion 1(2) or (3) suh sum (if any) as is for the time being presribed by order of the Page 6 AT 3 of 1981

7 Endangered Speies (Import and Export) At 1981 Setion 2 Department, but no suh order shall have effet until it has been approved by Tynwald. 11 (4) A person who, for the purpose of obtaining, whether for himself or another, the issue of a liene under setion 1(2) or (3) () (d) makes a statement or representation whih he knows to be false in a material partiular; or furnishes a doument or information whih he knows to be false in a material partiular; or reklessly makes a statement or representation whih is false in a material partiular; or reklessly furnishes a doument or information whih is false in a material partiular, shall be guilty of an offene and shall be liable (i) on onvition on information, to imprisonment for a term not exeeding 2 years or to a fine, or to both; (ii) on summary onvition, to a fine not exeeding 5, (5) Where a liene is issued under setion 1(2) or (3) and, for the purpose of obtaining its issue, a person ommits an offene under subsetion (4), the liene shall be void. 13 (6) Where any live or dead animal or plant; or a prohibited item, 14 is being imported or exported or has been imported or brought to any plae for the purpose of being exported, a person authorised by the Treasury may require any person possessing or having ontrol of the animal, plant or item to furnish proof that its importation or exportation is or was not unlawful by virtue of setion 1; and if suh proof is not furnished to the satisfation of the Treasury, the animal, plant or item shall be liable to forfeiture under the Customs and Exise Management At. 15 (7) Where, in the ase of a live animal or plant of any kind whih is ondemned or deemed to be ondemned as forfeited, the Treasury inurs any expenses in onnetion with, or with a view to its return to the wild; or its being kept at premises (whether within or outside the Island) whih are suitable for the keeping of animals or plants of that kind, those expenses may be reovered, as a debt due to the Crown from the importer or intending exporter of the animal or plant or any person possessing or having ontrol of it at the time of its seizure. 16 AT 3 of 1981 Page 7

8 Setion 3 Endangered Speies (Import and Export) At 1981 (8) In subsetion (7), expressions whih are also used in the Customs and Exise Management At have the same meaning as in that At Sientifi Advisory Committee (1) The Department shall establish a ommittee, to be alled the Sientifi Advisory Committee (in this At referred to as the Committee ) onsisting of suh members as it may from time to time appoint, to disharge the duty referred to in subsetion (2). 18 (2) It shall be the duty of the Committee to advise the Department on any question whih the Department may refer to it, and on any question on whih it onsiders it should offer its advie in onnetion with the administration of this At; generally in onnetion with the importation and exportation of animals and plants of kinds whih appear to the Department or, as the ase may be, the Committee to be or to be likely to beome, endangered as a result of international trade or otherwise, and items derived wholly or partly from animals and plants of those kinds. 19 (3) Without prejudie to the generality of subsetion (1), the Department may appoint one or more of its offiers to be a member or, as the ase may be, members, of the Committee. 20 (4) The Department may, subjet to the onurrene of the Treasury, defray or ontribute towards the expenses of the Committee or any members thereof, and any sums required by the Department for suh purposes shall be paid out of money provided by Tynwald Power to presribe animals and plants [P1976/72/3] (1) The Department may, after onsultation with the Committee, by order speify (1A) the animals whih are presribed for the purposes of setions 1(1) and 5(1A); the plants whih are presribed for the purposes of setions 1(1) and 5(1A); () any items whih are part of or whih derive from or are made wholly or partly from any animal or plant and whih are to be prohibited items for the purposes of this At. An order under subsetion (1) may presribe animals, plants or items by referene to the Convention on International Trade in Endangered Speies in Wild Flora and Fauna (CITES), Community instruments or to any other doument as it has effet from time to time. 22 Page 8 AT 3 of 1981

9 Endangered Speies (Import and Export) At 1981 Setion 5 (1B) Where an order under subsetion (1) presribes anything by referene to another doument in aordane with subsetion (1A), the Department shall ause a notie of any amendment to suh doument to be given in 2 newspapers published and irulating throughout the Island; and ause a opy of suh doument inorporation suh amendments to be available for inspetion at the prinipal offie of the Department and at the Tynwald Central Referene Library. 23 (2) An order under this setion shall be laid before Tynwald Offene to sell et. things imported ontrary to setion 1 or their derivatives [P1976/72/4] (1) Subjet to subsetions (1B) and (2), a person who sells, offers or exposes for sale, has in his possession or transports for the purpose of sale, or displays to the publi anything whih has been imported ontrary to setion 1; or anything whih is made wholly or partly from anything referred to in paragraph and whih at the time of the alleged offene (though not neessarily at the time of importation) onstitutes an item to whih Shedule 3 for the time being applies, shall be guilty of an offene. 25 (1A) Subjet to subsetions (1B) and (2), a person who sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale () a live or dead animal of any of the kinds whih are presribed for the purposes of this paragraph or an egg or other immature stage of suh an animal; a live or dead plant of any of the kinds whih are presribed for the purposes of this paragraph; any part of or anything whih derives from or is made wholly or partly from anything referred to in paragraph or, shall be guilty of an offene; but nothing in this subsetion shall apply in relation to anything falling within subsetion (1) or anything whih has been imported, or is part of or derives from or is made wholly or partly from anything whih has been imported before this subsetion ame into operation. 26 (1B) Subsetions (1) and (1A) do not apply to anything done under and in aordane with the terms of a liene issued by the Department; and setion 2(2) to (5) shall apply in relation to a liene issued under this setion as they apply in relation to a liene issued under setion 1(2). 27 AT 3 of 1981 Page 9

10 Setion 5 Endangered Speies (Import and Export) At 1981 (1C) In subsetions (2) to (8), restrited artile means anything falling within subsetion (1) or (1A). 28 (2) A person shall not be guilty of an offene under subsetion (1) or (1A) with respet to a restrited artile if he proves to the satisfation of the ourt that at the time when it first ame into his possession he made suh enquiries (if any) as in the irumstanes were reasonable in order to asertain whether it was a restrited artile, and that, at the time the alleged offene was ommitted, he had no reason to believe that it was a restrited artile. 29 (3) Without prejudie to the generality of subsetion (2), a person shall be taken to have made suh enquiries as are there mentioned if he produes to the ourt a ertifiate whih was furnished by the person from whom the aused obtained possession of the restrited artile (the supplier), whih was signed by the supplier or by a person authorised by him, and whih states that the supplier made enquiries at the time the restrited artile ame into his possession in order to asertain whether it was a restrited artile; and the supplier had no reason to believe at the time he relinquished possession of the restrited artile to the aused that the artile was at that time a restrited artile. (4) A person who furnishes for the purpose of subsetion (3) a ertifiate whih he knows to be false in a material partiular, or reklessly furnishes for those purposes a ertifiate whih is false in a material partiular, shall be guilty of an offene. (5) A person guilty of an offene under subsetion (1), (1A) or (4) shall be liable on onvition on information, to imprisonment for a term not exeeding 2 years or a fine, or both; on summary onvition, to a fine not exeeding 5, (6) In this setion, any referene to sale inludes referenes to hire, barter and exhange. 31 (7) For the purposes of this setion, a restrited artile is displayed to the publi if it is displayed to the publi generally or any setion of it, and (in either ase) whether in return for money or otherwise. (8) For the purposes of any proeedings under setion 47 or 178 of the Customs and Exise Management At (penalties for improper importation and evasion of restrition on importation) for an offene in onnetion with the importation of anything ontrary to setion 1, this Page 10 AT 3 of 1981

11 Endangered Speies (Import and Export) At 1981 Setion 6 setion shall not be taken expressly to provide a penalty for that offene Power to restrit plaes at whih live animals may be imported [P1976/72/5] (1) If it appears to the Department desirable to do so for the purpose of assisting the disovery of any importation ontrary to setion 1 of any live animal of any of the kinds to whih Shedule 1 for the time being applies, it may make an order under this setion relating to any kind of animal. 33 (2) An order under this setion may provide that (subjet to suh exeptions as may be speified in the order) it is prohibited to do suh one or more of the following things as is (or are) speified in the order, that is to say () (d) to import by sea any live animal of any kind to whih the order is expressed to relate; to import any suh animal by sea unless it is imported at a port or one of the ports speified in the order in relation to animals of that kind; to import any suh animal by air; to import any suh animal by air unless it is unloaded at an airport or one of the airports speified in the order in relation to animals of that kind. (3) Any prohibition or restrition in any order under this setion shall not apply to an animal whih the Department authorises to be imported otherwise than in aordane with the order and whih is imported in aordane with that authorisation. 34 (4) In subsetion (2) airport means an aerodrome for the time being designated as a ustoms and exise airport under setion 14(7) of the Customs and Exise Management At; 35 port means any area for the time being appointed and named under setion 12(1) of that At as a port for the purposes of ustoms and exise Restrition of movement of ertain live animals after importation [P1976/72/6] (1) Where a liene under setion 1(2) has been issued or applied for in respet of the importation of a live animal of any of the kinds to whih Shedule 1 for the time being applies and, after onsulting the AT 3 of 1981 Page 11

12 Setion 7 Endangered Speies (Import and Export) At 1981 Committee the Department onsiders that it is desirable to do so, it may give a diretion under this setion in relation to the animal. 37 (2) Where a diretion has been given under this setion in relation to an animal, and has not been revoked by the Department, the animal shall, immediately after the relevant event, be taken to and subsequently kept at the speified premises until suh time as the Department may require or permit the animal to be moved to other speified premises or revoke the diretion. 38 (3) Where a diretion has been given under this setion in relation to an animal, and has not been revoked by the Department, any person who knows or ought to know that a diretion has been so given and who () knowingly takes the animal, or knowingly permits it to be taken, at any time after the relevant event to premises whih he knows or ought to know are not at the time of the taking the speified premises; or knowingly moves that animal, or knowingly permits it to be moved, at any time after the relevant event, the irumstanes of the removal being that (i) (ii) it is made from the premises whih he knows or ought to know are at the time of the removal the speified premises, and he knows or ought to know that the removal is made in the absene of, or otherwise than in aordane with any ondition attahed to, suh a requirement or permission as is referred to in subsetion (2); or knowingly keeps the animal at any time after the relevant event at premises whih are oupied by him and whih he knows or ought to know are not at the time of the keeping the speified premises, shall be guilty of an offene and shall be liable on summary onvition to a fine not exeeding 2, (4) In this setion, relevant event means, in relation to an animal, whihever of the following ours later the ompletion by the animal of any period of detention (whether in quarantine or otherwise) in aordane with any provision made by or under any enatment, being detention onneted with the importation in respet of whih the diretion onerned was given; the departure of the animal from any premises onneted with the importation in respet of whih the diretion onerned was given. Page 12 AT 3 of 1981

13 Endangered Speies (Import and Export) At 1981 Setion 8 (5) In this setion, speified premises means, in relation to an animal, suh premises as are for the time being (and in whatever manner) speified in relation to that animal by the Department for the purposes of this setion. 40 (6) Proeedings for an offene under subsetion (3) may be brought within a period of 6 months from the date on whih evidene suffiient in the opinion of the proseutor to warrant the proeedings ame to his knowledge; but no suh proeedings shall be brought by virtue of this setion more that 3 years after the ommission of the offene. 8 Provisions supplementary to setion 7 [P1976/72/7] (1) Before it speifies any premises for the purposes of setion 7 or revokes a diretion given under that setion, the Department shall onsult the Committee. 41 (2) The Department shall not speify any premises for those purposes unless they are suh that in its opinion the animal in relation to whih it proposes to give, or has given, a diretion under setion 7 may suitably be kept there. 42 (3) Any person duly authorised in writing by the Department may, at any reasonable time and (if required to do so) upon produing evidene that he is so authorised, enter any premises whih are for the time being speified in relation to any animal for the purposes of setion 7 for one or both of the following purposes in order to enable the Department to deide whether the premises remain suh that in its opinion the animal may suitably be kept there; 43 in order to asertain whether the animal is being kept on the premises. 44 (4) Any person who wilfully obstruts a person ating under subsetion (3) shall be liable on summary onvition to a fine not exeeding 5, Offenes by orporations [P1976/72/8] (1) Where an offene under this At whih has been ommitted by a body orporate is proved to have been ommitted with the onsent or onnivane of, or to be attributable to any neglet on the part of, a diretor, manager, seretary or other similar offier of the body orporate, or any person who was purporting to at in any suh apaity, he, as well as the body orporate, shall be guilty of that offene and shall be liable to be proeeded against and punished aordingly. AT 3 of 1981 Page 13

14 Setion 10 Endangered Speies (Import and Export) At 1981 (2) In subsetion (1), diretor, in relation to a body orporate established by or under any enatment for the purpose of arrying on a publi undertaking, being a body orporate whose affairs are managed by its members, means a member of that body orporate. 10 Finanial provisions [P1976/72/10] Any expenses inurred in onsequene of this At by any Board of Tynwald or Statutory Board, shall be defrayed out of money provided by Tynwald Interpretation, et [P1976/72/12] (1) For the purposes of this At, an individual of the family Hominidae (man) is not an animal. (2) In this At a referene to a dead animal of any partiular kind inludes a referene to the body of an animal of that kind whih is frozen, dried or preserved by hemials, or whih, although not omplete (whether beause it has been eviserated or beause it has had the whole of its inside removed and has been stuffed, or for any other reason), is substantially omplete and externally substantially resembles the omplete body of an animal of the kind onerned. (3) In this At a referene to a dead plant of any partiular kind inludes a referene to a plant of that kind (4) In this At the Board [Repealed] 46 whih is frozen, dried or preserved by hemials, or whih, although for any reason not omplete, is substantially omplete and externally substantially resembles a omplete dead plant of the kind onerned. the Committee has the meaning assigned to it by setion 3(1); the Convention has the meaning assigned to it in the preamble to this At; the Customs and Exise Management At means the Customs and Exise Management At 1986; 47 the Department has the meaning given by setion 1(2); 48 (5) Nothing in this At shall prejudie the operation of any enatment relating to the prohibition or regulation of the importation into, or the exportation from, the Island of flora or fauna, and in partiular any animal imported in ontravention of the provisions of suh an enatment may be seized, and disposed of or otherwise dealt with aordingly. Page 14 AT 3 of 1981

15 Endangered Speies (Import and Export) At 1981 Setion 12 (6) In this At exportation inludes removal from the Island to the United Kingdom; importation inludes removal from the United Kingdom to the Island, and the Customs and Exise Management At shall apply aordingly [Repealed] Short title and ommenement (1) This At may be ited as the Endangered Speies (Import and Export) At (2) This At shall ome into operation on suh day as the Board may by order appoint, and different days may be appointed for different provisions and different purposes. 51 AT 3 of 1981 Page 15

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17 Endangered Speies (Import and Export) At 1981 Shedules 1 to 3 SCHEDULES 1 TO 3 52 AT 3 of 1981 Page 17

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19 Endangered Speies (Import and Export) At 1981 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Para substituted by Wildlife At 1990 Sh 9. 2 Para substituted by Wildlife At 1990 Sh 9. 3 Para () substituted by Wildlife At 1990 Sh 9. 4 Subs (2) amended by SD155/10 Sh 3. 5 Subs (3) substituted by Wildlife At 1990 Sh 9. 6 Subs (4) substituted by Wildlife At 1990 Sh 9. 7 Subs (5) added by Wildlife At 1990 Sh 9. 8 Subs (1) amended by GC121/86. 9 Subs (1A) inserted by Wildlife At 1990 Sh Subs (2) amended by Wildlife At 1990 Sh Subs (3) amended by Wildlife At 1990 Sh Subs (4) amended by Wildlife At 1990 Sh Subs (5) amended by Wildlife At 1990 Sh Para substituted by Wildlife At 1990 Sh Subs (6) amended by Treasury At 1985 Sh Subs (7) substituted by Wildlife At 1990 Sh Subs (8) added by Wildlife At 1990 Sh Subs (1) amended by GC121/ Subs (2) amended by GC121/86. Para amended by GC121/ Subs (3) amended by GC121/ Subs (4) amended by Treasury At 1985 Sh 2 and by GC121/ Subs (1A) inserted by Wildlife Et. (Amendment) At 1994 s 1 and amended by Statute Law Revision At 1997 Sh 1. AT 3 of 1981 Page 19

20 Endnotes Endangered Speies (Import and Export) At Subs (1B) inserted by Wildlife Et. (Amendment) At 1994 s S 4 substituted by Wildlife At 1990 Sh Subs (1) amended by Wildlife At 1990 Shs 9 and Subs (1A) inserted by Wildlife At 1990 Sh Subs (1B) inserted by Wildlife At 1990 Sh Subs (1C) inserted by Wildlife At 1990 Sh Subs (2) amended by Wildlife At 1990 Sh Subs (5) amended by Wildlife At 1990 Sh Subs (6) amended by Wildlife At 1990 Sh Subs (8) amended by Wildlife At 1990 Sh Subs (1) amended by GC121/ Subs (3) amended by GC121/ Definition of airport amended by Wildlife At 1990 Sh Definition of port amended by Wildlife At 1990 Sh Subs (1) amended by GC121/ Subs (2) amended by GC121/ Subs (3) amended by GC121/ Subs (5) amended by GC121/ Subs (1) amended by GC121/ Subs (2) amended by GC121/ Para amended by GC121/ Subs (3) amended by GC121/ S 10 amended by Treasury At 1985 Sh Definition of the Board repealed by GC121/ Definition of the Customs and Exise Management At amended by Wildlife At 1990 Sh Definition of the Department inserted by GC121/ Subs (6) added by Wildlife Et. (Amendment) At 1994 s S 12 repealed by Wildlife At 1990 Shs 9 and ADO (whole At) 1/6/1981 (GC113/81). 52 Shedules 1 to 3 repealed by Wildlife At 1990 Shs 9 and 10. Page 20 AT 3 of 1981