Wild Birds Protection Act 1932

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1932/1932-0002/WildBirdsProtectionAct1932_1.pdf
Published: 2012-09-01

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The Wild Birds Protection Act 1932

c i e
AT 2 of 1932

THE WILD BIRDS PROTECTION ACT 1932

The Wild Birds Protection Act 1932 Index


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c i e
THE WILD BIRDS PROTECTION ACT 1932

Index Section Page

1 Short title .......................................................................................................................... 5
2 Repeals ............................................................................................................................. 5
3 Definitions........................................................................................................................ 5
4 Amendment of Game Act 1882 ..................................................................................... 6
General Protection of Birds 6

5 Prohibition of certain methods of killing or taking wild birds ................................ 6
6 Imported birds may not be released ............................................................................ 7
7 Governor may amend Schedules.................................................................................. 7
8 Protected birds ................................................................................................................ 7
9 Licence for special purposes ......................................................................................... 8
10 Duties of taxidermist ...................................................................................................... 8
11 Bird sanctuaries ............................................................................................................... 8
Offences, Penalties and Legal Proceedings 9

12 Legal proceedings ........................................................................................................... 9
13 Penalties ........................................................................................................................... 9
14 Presumption from possession ..................................................................................... 10
Supplemental Provisions 11

15 Orders of Governor ...................................................................................................... 11
16 Enforcement of Act ....................................................................................................... 11
17 Exhibition of summaries of Act .................................................................................. 12
18 Exemptions .................................................................................................................... 12
19 Commencement of Act ................................................................................................ 12
FIRST SCHEDULE 13

ENACTMENTS REPEALED 13
SECOND SCHEDULE 13

EXEMPTED BIRDS 13
Index The Wild Birds Protection Act 1932


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THIRD SCHEDULE 13

PROTECTED BIRDS (SPECIAL PENALTY) 13
ENDNOTES 15

TABLE OF LEGISLATION HISTORY 15
TABLE OF RENUMBERED PROVISIONS 15
TABLE OF ENDNOTE REFERENCES 15

The Wild Birds Protection Act 1932 Section 1


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c i e
THE WILD BIRDS PROTECTION ACT 1932

Received Royal Assent: 10 June 1932
Passed: 5 July 1932
Commenced: 5 July 1932
AN ACT
to repeal the enactments providing for the protection of wild birds
and to substitute other provisions therefor.
GENERAL NOTES

1. This Act was repealed by the Wildlife Act 1990 Sch 10 but remains in operation
in respect of bird sanctuaries in existence immediately prior to 1 January 1991 see
GC9/91.
2. The maximum fines in this Act are as increased by the Fines Act 1986 and by the
Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 Short title

This Act may be cited as ‘The Wild Birds Protection Act, 1932’.
2 Repeals

The enactments specified in the first Schedule hereto are repealed to the extent
in the third column thereof mentioned.
3 Definitions

In this Act, unless the context otherwise requires, the following expressions
have the meanings hereby assigned to them respectively, that is to say: —
“wild bird
” means wild bird of any species;
“protected bird
” means any wild bird except those birds included in the
definition of ‘game’ contained in section 2 of the Game Act, 1882, and
except those birds included in the definition of ‘gull’ contained in
section 2 of the Sea Gull Preservation Act, 1867, as amended by section 48
of the Salmon and Fresh Water Fisheries Act, 1882, as amended by this
Act, and except those described in the second Schedule to this Act.
Section 4 The Wild Birds Protection Act 1932


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4 Amendment of Game Act 1882

Wherever the word ‘plover’ occurs in the Game Act, 1882, the words ‘golden
plover’ shall be substituted therefor. As from the commencement of this Act any
reference to ‘lapwing’ contained in the Game Act, 1882, shall be repealed.
General Protection of Birds
5 Prohibition of certain methods of killing or taking wild birds

(1) If, save as may be authorised by a licence granted under section 9 of this
Act, any person —
(a) sets in position any of the following articles, being an article
which is of such a nature and is so placed as to be calculated to
cause bodily injury to any wild bird coming into contact
therewith, that is to say, any spring, trap, gin, snare, electrical
device designed to frighten birds, hook and line, poisoned,
poisonous or stupefying substance or floating container holding
explosives; or
(b) uses for the purpose of killing or taking any wild bird any such
article as aforesaid, whether or not of such a nature and so placed
as aforesaid, or any net, baited board, gas, bird-lime or substance
of a like nature to bird-lime; or
(c) for the purpose of killing or taking any wild bird uses as a decoy
any live bird whatsoever which is tethered, or which is secured by
means of braces or other similar appliances, or which is blind,
maimed or injured; or
(d) except in order to find a bird already killed or injured, uses any
form of artificial light for the purpose of killing or taking any wild
bird,
he shall be guilty of an offence against this Act and shall be liable to a
special penalty:
Provided that in any proceedings under paragraph (a) of this subsection
it shall be a defence that the article was set in position by the accused for
the purpose of killing or taking animals in the interests of public health,
agriculture or the preservation of other creatures and that he took all
reasonable precautions to prevent injury thereby to wild birds.
(2) If any person uses any mechanically propelled vehicle or boat or any
aircraft in immediate pursuit of a wild bird for the purpose of driving,
killing or taking that bird he shall be guilty of an offence against this Act
and be liable to a special penalty.1

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6 Imported birds may not be released

It shall not be lawful for any person, without the leave of the Governor,
knowingly to liberate imported wild birds.
7 Governor may amend Schedules

The Governor may, subject to the provisions of this Act relating to the making
of orders, by order add other varieties of wild birds or species of wild birds to,
or delete any wild bird or species of wild bird from, those named in the second
and third schedule hereto, and on the making of any such order this Act shall
have effect accordingly.2

8 Protected birds

(1) If, save as may be authorised by a licence granted under section 9 of this
Act, any person —
(a) wilfully kills, injures or takes, or attempts to kill, injure or take or
uses any means for the purpose of killing, injuring or taking any
protected bird; or
(b) wilfully takes or attempts to take or wilfully injures or disturbs
any nest or egg of any protected bird; or
(c) sells or exposes or offers for sale or has in his control or
possession any protected bird recently killed or taken in
contravention of this Act, or the skin or plumage or any part of
such bird, or any nest or egg of any protected bird,
he shall, subject to subsection (2) of this section, be guilty of an offence
against this Act and, if the offence is committed in respect of a protected
bird included in the Third Schedule to this Act or in respect of the nest or
egg of such a bird, he shall be liable to a special penalty.
(2) A person shall not be found guilty of an offence against paragraph (a) of
subsection (1) of this section —
(a) by reason of the killing or injuring of, or an attempt to kill, a
protected bird if he satisfies the court before whom he is charged
that his action was necessary for the purpose of preventing
serious damage to crops, vegetables, fruit, growing timber or any
other form of property or to fisheries;
(b) by reason of the taking of, or an attempt to take, any protected
bird if he satisfies the court before whom he is charged that the
bird had been disabled otherwise than by his act and was taken
solely for the purpose of tending it and releasing it when no
longer disabled;
(c) by reason of the killing of any protected bird if he satisfies the
court before whom he is charged that the bird had been so
Section 9 The Wild Birds Protection Act 1932


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seriously disabled otherwise than by his act that there was no
reasonable chance of its recovering.
(3) In subsection (1)(b) of this section the taking of photographs or the
making of a sound recording or any other like acts in the close vicinity of
a nest or egg shall continue a disturbance of that nest or egg.3

9 Licence for special purposes

(1) Subject to the provisions of this Act, the Governor shall have power to
grant a licence to any person for any scientific purpose, or for the
purpose of protection, or for any other special purpose approved by him,
exempting the holder of the licence from any provisions of this Act
relating to the killing or taking of wild birds or to the taking or
disturbing of the nests or eggs of wild birds.
(2) A licence under this section may be granted for such areas and subject to
such conditions as may be specified in the licence.
(3) There shall be payable on the grant of a licence under this section a fee of
£5.00 or such larger sum as the Treasury may by order prescribe.4

(4) The Governor shall cause a list of licences under this section to be kept at
Government Office, and the list shall be open to inspection at all
reasonable hours by any person and such list shall be laid before
Tynwald annually.
(5) A licence under this section may be signed either by the Governor or by
any person authorised by him in that behalf, but shall not empower the
licensee to enter upon any land without the leave of the owner and
occupier.
(6) Any Order made by the Treasury under subsection (3) of this section
shall not have effect until approved by resolution of Tynwald.5

10 Duties of taxidermist

(1) It shall be the duty of every person carrying on business as a taxidermist
or otherwise as a dealer in stuffed birds, or the eggs of birds, to keep a
register of all wild birds, and of the skins, eggs and nests of all wild birds
received by him after the passing of this Act, showing details in each case
of the locality where they were taken and of the person from whom they
were procured.
(2) A register kept under this section shall be open to inspection at all
reasonable times by any officer of police.
11 Bird sanctuaries

With a view to the creation of national wild bird sanctuaries the Governor may,
subject to the provision of this Act relating to the making of orders, by Order
The Wild Birds Protection Act 1932 Section 12


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direct that in any district defined by the Order all wild birds shall be considered
as protected birds within the meaning of this Act, and on the making of any
such Order this Act shall in that district have effect accordingly.
Provided that no such Order shall be made except with the consent of the owner
and the occupier of any land comprised in the district to which the Order
relates.6

Offences, Penalties and Legal Proceedings
12 Legal proceedings

Subject to the provision of this Act, any person who —
(a) commits any act declared by this Act to be unlawful; or
(b) being a person in whose case a licence granted under this Act has
been revoked or cancelled or suspended, applies for a new licence
and conceals the fact that his licence has been so revoked or
cancelled or suspended; or
(c) during any period in which a licence granted under this Act to
him is suspended, applies for a new licence and conceals the fact
that his licence has been so suspended; or
(d) being a person carrying on business as a taxidermist or otherwise
as a dealer in stuffed wild birds or the eggs of wild birds, fails to
keep a register in pursuance of the provisions of this Act or makes
in any such register an entry which is false in any particular, or
refuses to submit any such register for the inspection of any
officer entitled under this Act to inspect it; or
(e) being the holder of a licence granted under this Act infringes any
of the conditions attached to the licence; or
(f) refuses to give his name and address when required by a
constable under this Act, or gives a false name or address;
shall be guilty of an offence against this Act.
13 Penalties

(1) Any person guilty of an offence against this Act —
(a) in a case where the Act provides that he shall be liable to a special
penalty, shall be liable on summary conviction to a fine not
exceeding £2,500, or to a term of imprisonment not exceeding, for
a first offence against this Act, one month or, for a second or
subsequent offence against this Act, three months, or to both such
a fine and such imprisonment;
(b) in any other case shall be liable on summary conviction to a fine
not exceeding £500.
Section 14 The Wild Birds Protection Act 1932


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Provided that where the offence was committed in respect of more than
one bird, nest, egg or skin or other article, the maximum fine which may
be imposed under this subsection shall be determined as if the person
convicted had been convicted of a separate offence in respect of each
bird, nest, egg, skin or article.7

(2) [Repealed]8

(3) In addition to any other penalty which a court has power to inflict for
offences against this Act, the court before which a person is convicted of
any such offence may order that any bird, nest or egg in respect of which
the offence was committed shall be forfeited, and, if they think fit,
deposited in a public museum, and may order that any gun or other
instrument in respect of or by means of which the offence was committed
shall be forfeited or otherwise dealt with as the court may direct, and
may also order that any licence under this Act held by the person
convicted shall be cancelled, or shall be suspended for such period as
may be specified in the order, and where any licence under this Act has
been so cancelled, or during any period when a licence is so suspended,
no other licence granted under this Act to that person shall be valid.9

(4) Upon the conviction of the holder of a licence granted under this Act for
the offence of infringing any of the conditions attached to the licence, the
Governor shall have power to revoke the licence.
(5) Proceedings under this Act may be taken at the suit of the Chief
Constable or any officer of police, or any person authorised by the
Governor to enforce the Act.
14 Presumption from possession

(1) Where any person sells or has in his possession for purposes of sale any
protected bird recently killed or taken, or the plumage or skin or any part
of any such bird, or the egg or nest of any protected bird, it shall, unless
he satisfies the court before which any proceedings are taken in respect
thereof that it was not, or that he had reasonable grounds for believing
that it was not, so killed or taken, be deemed to have been killed or taken
by him, as the case may be, in contravention of this Act.
(2) Where any person is found in possession of any protected bird recently
killed or taken, or the plumage or skin or any part of any such bird, or
the egg or nest of any protected bird, and it appears to the court before
which any proceedings are taken in respect thereof that there is
reasonable ground for believing that the bird, egg, or nest was killed or
taken in contravention of this Act, the bird, egg or nest, as the case may
be, shall, unless the person against whom the proceedings are taken
satisfies the court that it was not, or that he had reasonable grounds for
believing that it was not, so killed or taken, be deemed to have been
killed or taken by him in contravention of this Act.
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(3) All offences under this Act committed within the jurisdiction of the
Admiralty shall be deemed to the offences of the same nature, and shall
render the offender liable to the same punishments as if they had been
committed upon any land in this Isle, and may be tried in such place in
this Isle in which the offender may be apprehended or be in custody or
be summoned, in the same manner and in all respects as if such offences
had been actually committed in that place; and in any information or
conviction for any such offence the offence may be averred to have been
committed ‘on the high seas’.
Supplemental Provisions
15 Orders of Governor

(1) Subject to the provisions of this Act, orders made under this Act by the
Governor may be so made as to apply generally or as respects any
district specified in the Order.
(2) At least one month before making under this Act any Order which is to
apply generally, the Governor shall cause notice of the proposal to make
the Order and of the purport thereof to be published in two insular
newspapers, and in such other manner as appears to him to be desirable,
and shall consider any objections to the proposal made within such time
as may be prescribed in the notice.
16 Enforcement of Act

(1) Where a person commits, or is reasonably suspected of committing, or
having committed, an offence against this Act a constable may, without
warrant, stop, detain and search him and if —
(a) the name and address of that person are not known to the
constable; and
(b) that person fails to give his name and address to the satisfaction of
the constable;
the constable may, without warrant, arrest him.
(2) Any constable may, whether or not he stops, detains or arrests a person
under subsection (1) of this section, detain and examine any bird, egg,
nest, gun or other instruments, vehicle, boat, package, vessel or other
thing to which the offence or suspected offence relates, and may seize
and, pending prosecution, detain any such thing as aforesaid.
(3) Any constable shall, if he has reasonable cause to suspect that any
offence under section 5 or section 8 of this Act is being or is about to be
committed on any land have power to enter on that land without the
consent of the owner or the occupier thereof.
Section 17 The Wild Birds Protection Act 1932


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(4) Nothing in this section shall take away or abridge any power or
authority that a constable would have had if this section had not been
enacted.10

17 Exhibition of summaries of Act

(1) The police shall cause to be kept exhibited in such manner and such
consolidated form as the Governor may direct, a summary of the
provisions of this Act and of any Orders affecting the area of the
authority, in the immediate vicinity of all public elementary schools and
police stations in the said area, and at such other places as may appear to
the police to be suitable with a view to bringing the contents thereof to
the notice of the public, and shall also cause the said summary to be kept
exhibited in any place which the Governor may direct.
(2) Any expenses incurred under this Act shall be defrayed by the Treasury
out of moneys provided by Tynwald.11

18 Exemptions

Nothing herein contained shall affect the provisions of the Game Acts, 1882 to
1928, except as hereinbefore set forth in sections 4 and 11, or the Sea Gull
Preservation Acts, 1867 to 1930, or the Manx Museum, Library and Art Gallery
Act, 1925.
19 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
The Wild Birds Protection Act 1932 First Schedule



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FIRST SCHEDULE

ENACTMENTS REPEALED

Section 2
[Sch 1 repeals the following Act wholly —
Wild Birds Protection Act 1887
and the following Act in part —
Game Act 1882.]
SECOND SCHEDULE

EXEMPTED BIRDS

Section 312

All birds of the Crow species (except Choughs and Ravens), including Rooks,
Jackdaws and Magpies.
Starlings.
Sparrows.
Cormorants.
Shags.
Woodpigeon.
THIRD SCHEDULE

PROTECTED BIRDS (SPECIAL PENALTY)

Section 813

Buzzard Owl, barn
Chough Peregrine
Corncrake (landrail) Redstart
Eagle (All species) Manx Shearwater
Goshawk Sparrowhawk
Harrier (All species) Swan Bewick’s
Hobby Swan Whooper
Kite Tern (All species)
Merlin Whinchat
Osprey
The Wild Birds Protection Act 1932 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 5 substituted by Wild Birds Protection (Amendment) Act 1975 s 1. 2
S 7 amended by Wild Birds Protection (Amendment) Act 1975 s 2. 3
S 8 substituted by Wild Birds Protection (Amendment) Act 1975 s 3. 4
Subs (3) substituted by Wild Birds Protection (Amendment) Act 1975 s 4 and
amended by Treasury Act 1985 Sch 2 and by GC328/85. 5
Subs (6) added by Wild Birds Protection (Amendment) Act 1975 s 4 and amended by
Treasury Act 1985 Sch 2. 6
S 11 amended by Wild Birds Protection (Amendment) Act 1975 s 5. 7
Subs (1) substituted by Wild Birds Protection (Amendment) Act 1975 s 6. 8
Subs (2) repealed by Wild Birds Protection (Amendment) Act 1975 s 6. 9
Subs (3) amended by Wild Birds Protection (Amendment) Act 1975 s 6. 10
S 16 substituted by Wild Birds Protection (Amendment) Act 1975 s 7. 11
Subs (2) amended by Treasury Act 1985 Sch 2. 12
Sch 2 amended by Wild Birds Protection (Amendment) Act 1975 Sch. 13
Sch 3 inserted by Wild Birds Protection (Amendment) Act 1975 s 8.