Endangered Species (CITES)
(Jersey) Law 2012
A LAW to regulate the trade in certain animal and plant species that are
or may be in danger of extinction, and to ensure the implementation of CITES,
and for connected purposes.
Commencement [see endnotes]
PART 1
introductory PROVISIONS
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Appendix 1”,
“Appendix 2” or “Appendix 3” means the column in the
Table in the Schedule with that heading;
“Appendix 1 specimen”
means a specimen of a species listed in Appendix 1;
“Appendix 2 specimen”
means a specimen of a species listed in Appendix 2;
“Appendix 3 specimen”
means a specimen of a species listed in Appendix 3;
“artificially propagated”
has the meaning in Article 2;
“bred in captivity”
has the meaning in Article 2;
“CITES” means the
Convention on International Trade in Endangered Species of Wild Fauna and Flora
signed at Washington, D.C. on 3 March 1973, as amended from time to
time;
“commercial purposes”
means purposes that are for obtaining economic benefit, including profit
(whether in cash or in kind) and directed toward resale, exchange, the
provision of a service or other form of economic use or benefit and purposes
which are partly commercial and non-commercial shall be deemed to be
commercial;
“export” means the
act of taking a specimen out of Jersey, but does not include transit or
transshipment or re-export;
“import”, in
relation to a specimen, means the act of bringing a specimen into Jersey,
including introduction from the sea, but does not include transit or
transshipment;
“introduction from the sea”
means the transport into Jersey of any specimen that was captured in, and
transported into Jersey directly from, a marine environment (including the
air-space above the sea, the sea-bed and the subsoil beneath the sea) that is
not within the jurisdiction of any country or territory, including Jersey;
“Management Authority”
means the Minister or the person or body designated under Article 6 to be
the Management Authority;
“mark”, in relation
to a specimen, means any indelible imprint, lead seal or other suitable means
of identifying a specimen and includes any of the following –
(a) a
mark or label on a container in which a plant is kept or in which it is growing
or in which an animal is kept;
(b) a
label or tag on a plant;
(c) a
device in an animal that may be scanned electronically;
(d) a
band on any part of an animal; and
(e) a
tag or ring placed on any part of an animal (whether by piercing or otherwise),
and expressions in this Law referring to a person marking a specimen
shall be construed accordingly;
“Minister” means the
Minister for Planning and Environment;
“officer” has the
meaning in Article 11;
“Order” means an
Order made under this Law;
“population”, in
relation to a species or sub-species, means a biologically or geographically
distinct total number of individuals of that species or sub-species;
“pre-Convention”, in
relation to a specimen, means a specimen that was taken from the wild, bred in
captivity, or artificially propagated, before the species of which the specimen
is a member was specified in an Appendix to CITES;
“prescribe” means
prescribe by Order;
“recognized management authority”
means a person or body who has been designated by a country or territory, other
than Jersey, to be a management authority for the country or territory for the
purposes of CITES;
“re-export” means
the export from Jersey of any specimen that was imported;
“registered scientific
institution” and “registered
scientist” means a person or body with a scientific registration
certificate granted under Article 19 or any person or body who is
registered by a recognized management authority for the purposes of Article
VII(6) of CITES;
“rescue centre”
means the place nominated under Article 7(1)(b);
“sale” includes
hire, barter and exchange and offer for sale (including advertising or causing
to be advertised for sale and an invitation to treat);
“Scientific Authority”
means a person or body who is designated to be a Scientific Authority in an
Order made under Article 9;
“Secretariat” means
the Secretariat established by CITES;
“species” means a
species, sub-species or a geographically separate population of a species or
sub-species;
“specimen”
means –
(a) any
animal or plant, whether alive or dead of a species listed in Appendix 1,
2 or 3;
(b) in
the case of an animal –
(i) of
a species listed in Appendix 1 or 2, any readily recognizable part or
derivative thereof, and
(ii) of
a species listed in Appendix 3, any readily recognizable part or
derivative thereof specified in that Appendix in relation to that species; and
(c) in
the case of a plant –
(i) of
a species listed in Appendix 1, any readily recognizable part or
derivative thereof, and
(ii) of
a species listed in Appendix 2 or 3, any readily recognizable part or
derivative specified in that Appendix in relation to that species;
“this Law” includes
any Regulations or Orders made under this Law;
“trade” means to
export, re-export, import or introduce from the sea whether or not for
commercial purposes;
“transshipment” has
the meaning in Article 3;
“transit” has the
meaning in Article 3;
“travelling exhibition”
includes a travelling zoo, circus, menagerie, or plant exhibition, that is used
to display any of the specimens listed in Appendix 1, 2 or 3.
(2) Except
where the context otherwise requires, a reference in this Law to a certificate,
permit, licence or other document granted by the Management Authority under
this Law or by a recognized management authority for the purposes of CITES is a
reference to a document that is valid and in force for the time being.
(3) Words
and expressions used in this Law that are defined in CITES and not defined in
this Law shall be construed in accordance with CITES.
(4) The
States may make Regulations amending paragraph (1) and Articles 2 and
3.
(5) The
Schedule shall have effect.
(6) The
Minister may by Order amend the Schedule.
2 Definitions
of “artificially propagated” and “bred in captivity”
(1) In
this Law, a plant shall only be taken to have been artificially propagated
if –
(a) the
plant has been grown by a person from seeds, cuttings, callus tissues, spores,
or other propagules, under controlled conditions; or
(b) where
the plant is a grafted plant, both the root stock and the graft have been grown
in accordance with sub-paragraph (a).
(2) In
this Law, an animal shall only be taken to have been bred in captivity if the
animal (including eggs) was born, or otherwise produced, in a controlled
environment, of parents that mated or otherwise transmitted their gametes in a
controlled environment.
(3) In
this Article –
(a) “controlled
conditions” means a non-natural environment –
(i) that
is intensively manipulated by human intervention for the purpose of producing
selected species or hybrids of plants, and
(ii) which
has general characteristics that may include (but are not limited to including)
tillage, fertilization, weed control, irrigation or nursery operations such as
potting, bedding or protection from weather;
(b) “controlled
environment” means an environment –
(i) that
is manipulated by human intervention for the purpose of producing animals of a
particular species,
(ii) that
has boundaries designed to prevent animals, eggs or gametes of the species from
entering or leaving the environment, and
(iii) which
has general characteristics that may include, but are not limited to including,
artificial housing, waste removal, health care, protection from predators and
artificially supplied food.
3 Definitions
of “transit” and “transshipment”
In this Law, a specimen is in transit or being transshipped
if –
(a) it
is being transported between 2 countries or territories other than Jersey;
(b) it
is being transported to a named consignee;
(c) any
interruption of the specimen’s movement between those countries or
territories arises only from the arrangements necessitated by transfer or
transshipment;
(d) any
transit is in accordance with the laws of Jersey in relation to customs and
excise; and
(e) while
the specimen is on land, or is in a port, in Jersey it is within an area
designated or approved under Article 12 of the Customs and Excise (Jersey)
Law 1999[1].
4 Certain
Appendix 1 specimens deemed to be Appendix 2 specimens
An Appendix 1 specimen that is artificially propagated for
commercial purposes or bred in captivity for commercial purposes shall be
deemed to be an Appendix 2 specimen for the purpose of this Law.
5 Application
of Law
(1) This
Law extends to the territorial sea adjacent to Jersey.
(2) This
Law shall apply in relation to trade in a specimen whether or not the country
or territory from which the specimen originated and to which the specimen is to
be traded are each a Party to CITES.
PART 2
ADMINISTRATION
Management Authority
6 Management
Authority
(1) Except
as otherwise provided by this Article, the Minister for Planning and
Environment shall be the Management Authority.
(2) The
Minister may, by Order, designate a body or person to exercise the function of
the Management Authority.
(3) The
Minister shall not designate a body or person under paragraph (2) unless
the Minister is satisfied that the body or person –
(a) has
the appropriate governance, skills and resources to exercise the functions of
the Management Authority; and
(b) is
not prevented by its constitution (in whatever form that takes) or under any
enactment (whether of Jersey or a country or territory outside Jersey) from
exercising that function.
(4) The
Minister, or, if a body or person is designated under paragraph (2), that
body or person, shall be the management authority in relation to Jersey for the
purposes of CITES.
7 Powers
and functions of the Management Authority
(1) The
Management Authority shall have the following powers and functions in addition
to those provided for elsewhere in this Law –
(a) to
co-operate with recognized management authorities in the implementation and
enforcement of legislation, in Jersey and in other countries or territories,
relating to species conservation;
(b) to
nominate a place for looking after specimens that are being held under
Article 43(6) or 48(2)(b); and
(c) to
mark, or require a person to permanently mark, a specimen in such manner as the
Management Authority may determine.
(2) In
addition to any other powers specified by or under this or any other enactment,
a Management Authority shall have the powers necessary to perform its
functions.
8 Record
keeping and reporting requirements
(1) The
Management Authority shall keep in such form (including an electronic form)
that it thinks fit a register of –
(a) specimens
registered for the purposes of Article 15(1)(b)(B);
(b) permits
and certificates granted under Article 19; and
(c) persons
registered under Article 19.
(2) A
person may, on request to the Management Authority, view the register during
normal business hours.
Scientific Authorities
9 Scientific
Authorities
(1) The
Minister may by Order designate one or more persons or bodies to be a
Scientific Authority.
(2) A
person or body may be designated to be a Scientific Authority whether or not
the person or body is situated in Jersey.
(3) Any
person or body designated under paragraph (1) shall be a Scientific
Authority in relation to Jersey for the purposes of CITES.
10 Powers and
functions of Scientific Authorities
(1) A
Scientific Authority shall have the following powers and functions in addition
to those provided for elsewhere in this Law –
(a) to
advise the Management Authority on the effects of international trade on the
survival of a species;
(b) to
advise the Management Authority on whether the Scientific Authority is
satisfied that the proposed recipient of a specimen is suitably equipped to
house and care for the specimen;
(c) to
monitor export permits granted in respect of particular specimens and the export
of such specimens;
(d) to
advise the Management Authority not to grant import permits, export permits, or
re-export certificates, when the population status of a species so requires;
(e) to
advise the Management Authority on how specimens seized or forfeited under this
Law, or that otherwise come into the possession of the Management Authority,
should be dealt with, including by destruction or other method of disposal;
(f) to
advise the Management Authority on suitable standards for granting a scientific
registration certificate under Article 19; and
(g) to
advise the Management Authority on any matter the Scientific Authority
considers relevant to species protection.
(2) In
addition to any other powers specified by or under this or any other Law, a Scientific
Authority shall have the powers necessary to perform its functions.
Officers
11 Officers
(1) The
Minister may by Order appoint a person, or a member of a class of persons, to
be an officer for the purposes of this Law.
(2) A
police officer shall be an officer for the purposes of this Law.
(3) A
person who is –
(a) an
officer of the Impôts within the meaning of the Customs and Excise
(Jersey) Law 1999[2]; or
(b) an
immigration officer for the purposes of the Immigration Act 1971 (c.77) of
the United Kingdom by virtue of being appointed to be such an officer in
accordance with the Immigration (Jersey) Order 1993[3], or an Order in Council in
substitution for the Order,
shall be an officer for the purposes of this Law.
(4) Nothing
in this Law shall be taken to restrict an officer in the exercise of a power
that he or she may have under the law of Jersey.
(5) An
officer may permanently mark, or require a person to permanently mark, a
specimen in such manner as the Management Authority may determine.
Part 3
CONTROL OF MOVEMENT OF SPECIMENS
12 Import of
Appendix 1 or 2 specimens
(1) A
person shall not import (other than by way of introduction from the sea) an
Appendix 1 specimen except in accordance with an import permit granted
under Article 19 in relation to the specimen.
(2) A
person shall not import (other than by way of introduction from the sea) an
Appendix 2 specimen unless the Management Authority is satisfied that
there is an export permit or re-export certificate granted by a recognized
management authority authorising the export of that specimen to Jersey.
(3) A
person shall not introduce by sea an Appendix 1 or Appendix 2
specimen except in accordance with an introduction from the sea certificate
granted under Article 19 in relation to the specimen.
(4) A
person who contravenes paragraph (1), (2) or (3) commits an offence and
shall be liable to imprisonment for a term of 7 years and to a fine.
13 Import of
Appendix 3 specimens
(1) Subject
to paragraph (2), a person shall not import an Appendix 3 specimen
except in accordance with –
(a) a
certificate of origin granted by a recognized management authority relating to
that specimen; and
(b) if
it is being imported from a country or territory which listed the species in
Appendix 3, an export permit granted by a recognized management authority
relating to that specimen.
(2) The
requirement in paragraph (1) does not apply if the specimen is being
re-exported and there is a re-export certificate granted by the recognized
management authority in the country or territory from which the specimen is
being re-exported or a certificate granted by that authority to the effect that
the specimen was processed in that country or territory.
(3) A
person who contravenes paragraph (1) commits an offence and shall be
liable to a fine of level 4 on the standard scale.
14 Export or
re-export of Appendix 1, 2 or 3 specimens
(1) A
person shall not export an Appendix 1, 2 or 3 specimen, except in
accordance with an export permit granted under Article 19 in relation to
the specimen.
(2) A
person shall not re-export an Appendix 1, 2 or 3 specimen except in
accordance with a re-export certificate granted under Article 19 in
relation to the specimen.
(3) A
person who contravenes paragraph (1) or (2) in relation to an
Appendix 1 or Appendix 2 specimen commits an offence and shall be
liable to imprisonment for a term of 7 years and to a fine.
(4) A
person who contravenes paragraph (1) or (2) in relation to an
Appendix 3 specimen commits an offence and shall be liable to a fine of
level 4 on the standard scale.
15 Exemptions from
the application of Articles 12 to 14
(1) Articles 12
to 14 shall not apply to the import, export or re-export –
(a) by
a registered scientific institution or registered scientist of a specimen, such
specimen being an herbarium specimen or other preserved, dried or embedded
museum specimen, or live plant material provided that –
(i) such
specimen is marked in a manner approved by the Management Authority or a
recognized management authority, and
(ii) the
import, export or re-export is a non-commercial loan, donation or exchange to a
registered scientific institution or a registered scientist;
(b) by
a travelling exhibition of a live specimen, being a specimen in respect of
which there is a travelling exhibition certificate and any of the
following –
(i) a
pre-Convention certificate,
(ii) a
certificate of captive breeding, or
(iii) a
certificate of artificial propagation,
provided that –
(A) the
Management Authority is satisfied that the specimen will be prepared and shipped
in compliance with CITES guidelines for transport and preparation for shipment
of live wild animals or in compliance with standards set by the International
Air Transport Association, and
(B) the
exporter or importer has registered full details of such specimen with the
Management Authority;
(c) by
any person, other than a travelling exhibition falling within
sub-paragraph (b), of a specimen in respect of which there is –
(i) a
pre-Convention certificate,
(ii) a
certificate of captive breeding, or
(iii) a
certificate of artificial propagation,
except where such specimen is a live animal bred in captivity for
commercial purposes and deemed to be an Appendix 2 specimen under
Article 4;
(d) by
any person of a specimen, such specimen being a personal or household effect,
unless the specimen satisfies any of the conditions specified in
paragraph (2).
(2) The
conditions specified for the purpose of paragraph (1)(d) are
that –
(a) the
specimen is an Appendix 1 specimen and the owner, being an owner whose
usual place of residence is in Jersey, acquired the specimen outside Jersey and
is importing it into Jersey; or
(b) the
specimen is an Appendix 2 specimen –
(i) the
owner of which has his or her usual place of residence in Jersey and is
importing it into Jersey,
(ii) that
was removed from the wild in a country or territory where the owner acquired
it, and
(iii) in
respect of which there is a pre-Convention certificate or an export permit is
required by the country or territory from which the specimen was removed from
the wild.
(3) In
this Article –
(a) “travelling
exhibition certificate”, “pre-Convention certificate”,
“certificate of captive breeding” and “certificate of
artificial propagation” mean a certificate of that name granted under
Article 19 or an equivalent document granted by a recognized management
authority;
(b) “personal
or household effect” means a dead specimen, or a part or derivative of a
dead specimen, that belongs to an individual and that forms, or is intended to
form, part of the individual’s normal goods and chattels.
16 Commercial
producers and traders of specimens to be licensed
(1) A
person shall not, for commercial purposes –
(a) breed
in captivity;
(b) artificially
propagate; or
(c) export,
import or re-export any specimen,
unless that person has a commercial licence under Article 19.
(2) A
person who contravenes paragraph (1) commits an offence and shall be
liable to 2 years imprisonment and to a fine.
17 Pre-Convention
specimens
(1) A
person shall not export a pre-Convention specimen unless there is a
pre-Convention certificate in relation to that specimen.
(2) A
person who contravenes paragraph (1) commits an offence shall be liable to
fine of level 4 on the standard scale.
(3) In
this Article “pre-Convention certificate” has the same meaning as
in Article 15(3)(a).
18 Obligation to
produce documents and information to an officer or the Management Authority
(1) A
person who is required to have any permit, certificate, licence or other
document under this Law, including any document required by a condition
attached to such a permit, certificate or licence, shall, at the request of the
Management Authority or an officer, provide to that Management Authority or
officer at such time and place specified in the request –
(a) any
such document; and
(b) any
information required by the Management Authority or officer relating to that
person’s business in respect of any specimen.
(2) A
person who has custody of a specimen that is in transit or being transhipped
shall, at the request of the Management Authority or an officer, provide to
that Management Authority or officer, at such time and place specified in the
request, any document required under the law of a country or territory outside
Jersey for the purposes of CITES in relation to the export of that specimen
from such country or territory.
(3) In
paragraph (2) –
(a) “person”
in paragraph (2) includes a person who has formerly had custody of such a
specimen, and
(b) “document”
includes a copy.
(4) A
person who contravenes paragraph (1) or (2) shall be liable to
12 months imprisonment and to a fine of level 4 on the standard
scale.
part 4
permits, certificates and licences
19 Applications for,
and grants of, any permit, certificate or licence
(1) A
person may apply to the Management Authority for the grant of any of the
following –
(a) an
export permit;
(b) an
import permit;
(c) a
re-export certificate;
(d) an
introduction from the sea certificate;
(e) a
certificate of origin;
(f) a
certificate of captive breeding;
(g) a
certificate of artificial propagation;
(h) a
pre-Convention certificate;
(i) a
travelling exhibition certificate,
in relation to a specimen specified in the application.
(2) A
person may apply to the Management Authority for the grant of a commercial
licence or a scientific registration certificate.
(3) An
application under paragraph (1) or (2) shall be in the form determined by
the Management Authority and shall be accompanied by any prescribed fee.
(4) The
Management Authority may request a person who has made an application under
paragraph (1) or (2) to provide to the Management Authority any document
or further information in relation to the application, including, where
appropriate, any sample from a specimen referred to in the application, and may
refuse to grant the permit or certificate to which the application relates
unless and until the document, information or sample is provided.
(5) The
Management Authority may, after receiving an application under
paragraph (1) from a person –
(a) grant
to the person a permit or certificate in relation to a particular specimen, or,
except in the case of a travelling exhibition certificate, a consignment of
specimens, identified in the permit or certificate; or
(b) by
notice in writing to the person, refuse to grant a permit or certificate to the
person giving reasons for doing so and informing that person of that
person’s right of appeal under Article 31.
(6) The
Management Authority may, after receiving an application under
paragraph (2) from a person or body, as the case requires –
(a) grant
to that person or body a commercial licence or scientific registration
certificate in relation to a particular specimen or class or description of
specimens identified in the licence or certificate; or
(b) by
notice in writing to the person or body, refuse to grant the licence or
certificate giving reasons for doing so and informing that person of that
person’s right of appeal under Article 31.
(7) The
Management Authority shall specify such conditions as it thinks fit on a
commercial licence or scientific registration certificate requiring the holder
of the licence to keep such records relating to the holder’s business as
the Management Authority may specify and for such length of time as it may
specify and to make such records or returns relating to such records available
to the Management Authority at the Management Authority’s request.
(8) The
Management Authority may specify such other conditions on a permit, certificate
or licence as it thinks fit.
(9) A
permit, certificate or licence shall be in such form as the Minister may
determine.
(10) A permit
or certificate, other than a travelling exhibition certificate in respect of
live animals, may only be granted under paragraph (1) in relation to a
single consignment of specimens if all the specimens are members of the same
family (that is, a member of the taxonomic group above a genus and below an
order).
(11) A
permit, certificate or licence granted under this Article to a person is not
transferable to another person.
20 General
conditions for the grant of import permits, export permits and introduction
from the sea certificates
(1) The
Management Authority shall not grant an export permit or introduction from the
sea certificate to a person in relation
to an Appendix 1 or Appendix 2 specimen unless –
(a) a
Scientific Authority is satisfied that the grant of such a permit or
certificate would not be detrimental to the survival of the species to which
the specimen belongs;
(b) in
the case of the proposed export of an Appendix 2 specimen in relation to
which a Scientific Authority has determined that export of specimens of that
species should be limited to maintain that species above the level at which
that species might become eligible for inclusion in Appendix 1, the
Management Authority has had regard to advice from that Scientific Authority;
and
(c) the
additional conditions set out in Article 21 or 22 that are applicable to
the application for such a permit or certificate are met.
(2) The
Management Authority shall not grant an import permit in relation to an
Appendix 1 specimen unless –
(a) a
Scientific Authority is satisfied that the grant of such a permit will be for
purposes that are not detrimental to the survival of the species to which the
specimen belongs;
(b) the
Management Authority is satisfied that there is an export permit or re-export
certificate granted by a recognized management authority authorising the export
of that specimen to Jersey; and
(c) the
additional conditions in Article 21 are met.
(3) The
Management Authority shall not grant a re-export certificate in relation to an
Appendix 1 or Appendix 2 specimen unless the conditions set out in
Article 21 or 22 that are applicable to the application for such a
certificate are met.
(4) The
Management Authority shall not grant an export permit following an application
in relation to an Appendix 3 specimen unless the conditions applicable to
that application that are set out in Article 23 are met.
21 Conditions
relating to an Appendix 1 specimen
(1) The
additional conditions for an import permit or introduction from the sea
certificate relating to an Appendix 1 specimen are that –
(a) in
the case of an import permit, a Scientific Authority, or, in the case of an
introduction from the sea certificate, the Management Authority, is satisfied
that the proposed recipient of a living specimen is suitably equipped to house
and care for it; and
(b) the
Management Authority is satisfied that the specimen is not to be used primarily
for commercial purposes.
(2) The
additional conditions for the export of an Appendix 1 specimen are that
the Management Authority is satisfied that –
(a) the
specimen was obtained in accordance with the Conservation of Wildlife (Jersey)
Law 2000[4];
(b) any
living specimen will be prepared and shipped in compliance with CITES
guidelines for transport and preparation for shipment of live wild animals or
in compliance with standards set by the International Air Transport
Association; and
(c) an
import permit has been granted by a recognized management authority for the
specimen by the importing country or territory.
(3) The
conditions for the re-export of an Appendix 1 specimen are that the
Management Authority is satisfied that –
(a) the
specimen was imported into Jersey in accordance with this Law if the date of
import was after the date that this Law comes into force;
(b) any
living specimen will be prepared and shipped in compliance with CITES
guidelines for transport and preparation for shipment of live wild animals and
plants or in compliance with standards set by the International Air Transport
Association; and
(c) in
the case of a living specimen, an import permit has been granted by a
recognized management authority for that specimen by the importing country or
territory.
22 Conditions
relating to an Appendix 2 specimen
(1) The
additional conditions for the grant of an export permit relating to an
Appendix 2 specimen are that the Management Authority is satisfied
that –
(a) the
specimen was obtained in accordance with the Conservation of Wildlife (Jersey)
Law 2000; and
(b) any
living specimen will be prepared and shipped in compliance with CITES
guidelines for transport and preparation for shipment of live wild animals or
in compliance with standards set by the International Air Transport
Association.
(2) The
conditions for the grant of a re-export certificate relating to an
Appendix 2 specimen are that the Management Authority is satisfied
that –
(a) the
specimen was imported into Jersey in accordance with this Law if the date of
import was after the date that this Law comes into force; and
(b) any
living specimen will be prepared and shipped in compliance with CITES
guidelines for transport and preparation for shipment of live wild animals or
in compliance with standards set by the International Air Transport
Association.
(3) The
additional condition for the grant of an introduction from the sea certificate
relating to an Appendix 2 specimen is that the Management Authority is
satisfied that any living specimen will be handled in compliance with CITES
guidelines for transport and preparation for shipment of live wild animals and
plants or in compliance with standards set by the International Air Transport
Association.
23 Conditions
relating to an Appendix 3 specimen
The conditions for the grant of an export permit relating to an
Appendix 3 specimen from a country or territory listed in Appendix 3
immediately after the species to which that specimen belongs are that the
Management Authority is satisfied that –
(a) the
specimen was obtained in accordance with the Conservation of Wildlife (Jersey)
Law 2000[5]; and
(b) any
living specimen will be prepared and shipped in compliance with CITES
guidelines for transport and preparation for shipment of live wild animals or
in compliance with standards set by the International Air Transport
Association.
24 Management
Authority may refuse or cancel invalid permits and certificates
(1) The
Management Authority may refuse to accept, or cancel and retain, any invalid
permit or certificate or other document that –
(a) is
granted by a recognized management authority;
(b) relates
to a specimen that has been, or is intended to be, imported into Jersey; and
(c) was
provided to the Management Authority because it was required under this Law to
accompany the import of the specimen.
(2) For
the purposes of this Law, a permit, certificate or other document is invalid
if –
(a) it
was granted in contravention of the law of the country or territory in which it
was granted;
(b) a
condition to which its grant was subject has not been complied with; or
(c) it
contains a material error.
25 Duration of
permits, certificates and licences
(1) A
permit, certificate or licence granted under this Law comes into force on the
day on which it is granted.
(2) An
export permit or re-export certificate granted under Article 19 remains in
force, unless it is earlier revoked or surrendered, for 6 months from the date
on which it is granted.
(3) An
import permit, introduction from the sea certificate or certificate of origin
granted under Article 19 remains in force, unless it is earlier revoked
under Article 28 or surrendered, for 12 months from the date on which
it is granted.
(4) A
certificate of captive breeding, certificate of artificial propagation,
pre-Convention certificate or travelling exhibition certificate remains in
force, unless it is earlier revoked under Article 28 or surrendered, for
3 years.
(5) A
commercial licence remains in force, unless it is earlier revoked or
surrendered, until the date specified in the licence.
26 Alteration etc.
of permits, certificates or licences
(1) A
person may apply to the Management Authority for the alteration of a permit,
certificate or licence granted to the person, including the alteration or
revocation of a condition specified on the permit, certificate or licence.
(2) An
application under paragraph (1) shall be in the form determined by the
Management Authority and shall be accompanied by any prescribed fee.
(3) The
Management Authority may, after receiving an application under
paragraph (1) –
(a) alter
the permit, certificate or licence, including altering or revoking any
condition; or
(b) by
notice in writing to the person, refuse to alter the permit, certificate or
licence giving reasons for doing so and informing that person of that
person’s right of appeal under Article 31.
(4) The
Management Authority may, of its own motion –
(a) alter
a permit, certificate or licence, including a condition specified on a permit
or certificate;
(b) specify
a condition on a permit, certificate or licence; or
(c) suspend
a permit, certificate or licence for such period as it may determine.
(5) The
Management Authority shall notify in writing the holder of a permit,
certificate or licence of its decision under paragraph (4), giving reasons
for its decision and informing that person of that person’s right of
appeal under Article 31.
(6) The
Management Authority shall not alter or revoke a condition specified on a
permit, certificate or licence if a Scientific Authority is of the opinion that
the alteration or revocation will adversely affect the survival or welfare of
the species, or the living specimen of the species, to which the permit,
certificate or licence relates or will relate.
(7) If
the Management Authority alters a permit, certificate or licence granted to a
person the Authority shall grant a new permit, certificate or licence to the
person and such permit, certificate or licence shall be deemed in this Law to
have been granted under Article 19.
27 Breach of
conditions
(1) A
person shall not breach a condition specified on a permit, certificate or
licence.
(2) A
person who contravenes paragraph (1) commits an offence and shall be
liable to 2 years imprisonment and to a fine.
28 Revocation of any
permit, certificate or licence
The Management Authority may revoke a permit, certificate or licence
granted to a person if –
(a) it
is satisfied that a person provided false or misleading information in, or in
relation to, the application for the permit, certificate or licence;
(b) it
is satisfied that the permit, certificate or licence was granted in error or
contains a material error;
(c) it
is satisfied that a condition of the permit, certificate or licence has been
breached;
(d) it
is satisfied that the person, an employee of the person, or a person acting on
behalf of, or under the general supervision of the person, has committed an
offence under this Law or under the law of Jersey, or of another country or
territory, relating to the conservation or welfare of animals or plants;
(e) it
is satisfied that the person has not provided satisfactorily for the health and
well-being of living specimens to which the permit, certificate or licence
relates of which the person has had possession, or is not, or will not be, able
to provide satisfactorily for the health and well-being of living specimens to
which the permit, certificate or licence relates of which the person has or
will have possession; or
(f) it
has received advice from a Scientific Authority that it is advisable to do so
to assist in the survival or welfare of the species to which the permit,
certificate or licence relates or of a living specimen to which the permit,
certificate or licence relates and of which the person has or will have
possession.
29 Replacement
certificates, permits and licences
(1) A
person may apply to the Management Authority for the grant of a permit,
certificate or licence in replacement of a permit, certificate or licence
granted under Article 19 that has been lost, defaced or damaged.
(2) An
application under paragraph (1) shall be in the form determined by the
Management Authority and shall be accompanied by any prescribed fee.
(3) The
Management Authority may grant a permit, certificate or licence in replacement
of one that has been lost, defaced or damaged and such permit, certificate or
licence shall be deemed to have been granted under Article 19 for the
purpose of this Law.
(4) If
the Management Authority refuses to grant a permit, certificate or licence
under this Article, the Authority shall notify the person who made the
application under paragraph (1) and give reasons for its decision.
30 Fees
The Minister may prescribe a fee for any application under
Article 19, 26 or 29.
PART 5
APPEALS AGAINST DECISIONS
31 Right of appeal
to Royal Court
(1) A
person who has made an application under Article 19, 26 or 29 may appeal
to the Royal Court against any decision by the Management Authority that was
the subject of that application.
(2) A
person who is the holder of a permit, certificate or licence granted under this
Law may appeal to the Royal Court against any decision by the Management
Authority to –
(a) alter
that permit, certificate or licence of its own motion under Article 26; or
(b) to
revoke that permit, certificate or licence under Article 28.
32 Appeals
(1) An
appeal under Article 31 shall be brought within 21 days after the
appellant receives notice in writing of the decision appealed against or within
such further time as the Royal Court may allow.
(2) Unless
the Royal Court so orders, the lodging of an appeal shall not operate to stay
the effect of a decision pending the determination of the appeal.
(3) On
hearing the appeal, the Royal Court –
(a) may
confirm, reverse or vary the decision against which the appeal is brought; and
(b) may
make such an order as to the costs of the appeal that it thinks fit.
PART 6
other OFFENCES
33 Specimens only to
enter or exit from approved places
(1) A
person shall not cause a specimen to enter or leave Jersey, whether by way of
import, export, re-export, transit or transshipment, except at Jersey Airport,
any harbour at St. Helier or at Gorey or at any other place that the
Minister may prescribe.
(2) A
person who contravenes paragraph (1) commits an offence and shall be
liable to 2 years imprisonment and to a fine.
34 Possession, sale,
purchase and transport of specimens
(1) A
person shall not, without reasonable excuse –
(a) have
in his or her possession, or under his or her control;
(b) sell
or offer for sale;
(c) purchase;
(d) export
or re-export; or
(e) transport
within Jersey,
any specimen that he or she knows, or ought reasonably be expected
to know, has been imported by a person in contravention of Part 3 or
unlawfully taken from the wild or exported from a country or territory in
contravention of the law of that country or territory.
(2) A
person who contravenes paragraph (1) commits an offence and shall be
liable to imprisonment for 2 years and to a fine.
35 Offences in
relation to documents and information
(1) A
person shall not make a statement that is false or misleading in any material
particular in any application or in other information given to the Management
Authority or an officer under this Law.
(2) A
person shall not falsify or alter any document that is granted by the
Management Authority or provide to the Management Authority or an officer a
document that has been falsified or altered by the person or that the person
knows to have been falsified or altered.
(3) A
person shall not produce to the Management Authority or an officer an invalid
document that purports to be a valid document, if he or she knows, or ought
reasonably be expected to know, that the document is invalid.
(4) For
the purposes of paragraph (3), “invalid document” has the
meaning in Article 24(2).
(5) A
person who contravenes paragraph (1), (2) or (3) commits an offence and
shall be liable to imprisonment for 2 years and to a fine.
36 Person shall not
hinder etc. officer
(1) A
person shall not wilfully delay, wilfully hinder or wilfully obstruct an
officer in the exercise of the officer’s powers under this Law.
(2) A
person who contravenes paragraph (1) commits an offence and shall be
liable to imprisonment for 2 years and to a fine.
37 Offence to tamper
etc. with marking
(1) A
person other than an officer shall not alter, obscure, add to, or remove, a
marking in relation to an animal or plant that has been made for the purposes
of this Law or CITES.
(2) A
person who, without reasonable excuse, contravenes paragraph (1) commits
an offence and shall be liable to imprisonment for 2 years and to a fine.
38 Attempts to
commit offences
Any person who attempts to commit an offence under this Law shall be
guilty of the offence and liable in the same manner as a principal offender to
the penalty provided for that offence.
39 Offences
by bodies corporate etc
(1) If
an offence under this Law committed by a limited liability partnership, a
separate limited partnership or a body corporate is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of –
(a) a
person who is partner of the partnership, or a director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) If
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if the member were a director of the body
corporate.
part 7
Powers of court
40 Court may order
payment of expenses relating to seizure of specimens
(1) If
a court finds a person guilty of an offence under this Law in relation to a
specimen that has subsequently been seized by, or surrendered to, an officer,
the court may, on the application of the Management Authority, order the person
to pay to the Management Authority the costs of the Management Authority
in transporting, disposing of or maintaining the specimen after its seizure or
surrender and before the person was found guilty of the offence.
(2) If
a court finds a person guilty of an offence under this Law in relation to a
specimen that has been seized by, or surrendered to, an officer, the court may,
on the application of the Management Authority, order the person to pay to the
Management Authority the anticipated reasonable costs of the Management
Authority in transporting, disposing of or maintaining the specimen, including
transporting the specimen back to a country or territory –
(a) from
which it was taken from the wild or exported in contravention of the law of the
country or territory; or
(b) from
which it was imported into Jersey in contravention of this Law.
41 Disqualification
of person from making applications under this Law
If a court finds a person guilty of an offence under this Law, the
court may order –
(a) that
the person shall not be eligible, for a temporary period, or permanently, as
specified in the order, to apply for a permit, certificate or licence of a type
specified in the order; and
(b) the
cancellation of such permit, certificate or licence specified in the order.
PART 8
SEARCH, SEIZURE and forfeiture by officers
42 Powers to search,
inspect and seize objects
(1) An
officer may examine and search any object that he or she suspects on reasonable
grounds may provide evidence that an offence under this Law has been, is being,
or is about to be committed.
(2) For
the purposes of examining and searching any object under paragraph (1) an
officer may, if the object is a container or receptacle (including luggage)
open, or break open, the container or receptacle.
(3) An
officer may search for and record fingerprints found on any object to which
paragraph (1) relates and take a sample from an object.
(4) An officer
shall exercise due care to ensure that there is as little damage as possible to
an object from which he or she takes a sample.
(5) An
officer may seize and detain any object that he or she suspects on reasonable
grounds may provide evidence that an offence under this Law has been, is being,
or is about to be committed.
(6) An
object may only be seized under paragraph (5) by an officer if the officer
gives to the person, if any, who appears to him or her to be the owner of, or
to be entitled to possession of, the object, a receipt identifying the object
and indicating the date on which, and the place at which, it was seized.
(7) In
this Article, “object” does not include an animal or plant.
43 Powers to inspect
and seize specimens
(1) An
officer who suspects on reasonable grounds that an offence is being, or is
about to be committed under this Law in relation to any specimen, may inspect,
seize and detain the specimen.
(2) An
officer may take a sample from, or require a person to take a sample from, a specimen.
(3) An
officer shall –
(a) only
take a sample from an animal in accordance with the advice of a veterinary
surgeon; and
(b) exercise
due care to ensure that as little pain or injury as possible is caused to an
animal, and as little damage as possible is caused to a plant, from which he or
she takes a sample.
(4) An
officer may search for, and record, fingerprints found on any specimen.
(5) If
a specimen is seized under this Article by an officer, he or she shall give to
the person, if any, who appears to be the owner of, or to be entitled to
possession of, the specimen a receipt identifying the specimen and indicating
the date on which, and the place at which, it was seized.
(6) A
specimen that is seized under this Article may be held at a rescue centre
until –
(a) a
prosecution for an offence under this Law in relation to the specimen is
abandoned or the defendant is acquitted of such an offence;
(b) the
Management Authority gives permission to the person whom it believes to be
entitled to the possession of it to take the specimen from that place; or
(c) a
court determines that a person other than the Management Authority should have
possession of the animal or plant,
whichever occurs first.
44 Power to stop and
search persons
(1) An
officer may stop and search a person if the officer suspects on reasonable
grounds that the person may have on his or her person or in his or her
possession evidence that an offence under this Law has been, is being, or is
about to be, committed.
(2) An
officer searching a person under this Article shall not be entitled to require
a person to remove any of his or her clothing other than an outer coat, jacket,
headgear, gloves and footwear.
(3) A
search of a person under this Article must be carried out by someone of the
same sex.
(4) An
officer may seize and retain anything which he or she discovers in the course
of a search under this Article if he or she suspects on reasonable grounds that
the thing may constitute evidence that an offence under this Law has been, is being,
or is about to be committed.
45 Search of
premises
(1) An officer may apply to the Bailiff for the
grant of a search warrant in respect of premises.
(2) If the Bailiff is satisfied by evidence on
oath supplied by an officer that –
(a) an
offence under this Law has been, is being, or is about to be, committed; and
(b) evidence
relating to the commission of the offence may be found on any premises
specified in the application,
the Bailiff may grant a search warrant in relation to the premises.
(3) A
search warrant under this Article authorizes any officer –
(a) to
enter, with force if necessary, the premises specified in the warrant;
(b) to
search the premises;
(c) to
request a person on the premises to provide to the officer any assistance in
the exercise of the power that the officer may reasonably require; and
(d) to
exercise on the premises any of the powers of an officer under this Law.
(4) Nothing
in this Article shall be taken to prevent an officer entering premises with the
permission of the occupier of the premises and exercising, with the consent of
the occupier, any of the powers of an officer under this Law while on the
premises.
(5) In
this Article, “premises” includes residential premises.
46 Power to stop,
detain, board and search vehicles, vessels and aircraft
(1) If
an officer suspects on reasonable grounds that there may be on or in a vehicle,
vessel, aircraft, or hovercraft, evidence that an offence under this Law has
been, is being, or is about to be, committed, he or she may, at any reasonable
time, take any or all of the following actions –
(a) stop
and detain the vehicle, vessel, aircraft or hovercraft;
(b) with
such assistance as he or she thinks necessary, board the vehicle, vessel,
aircraft or hovercraft;
(c) search
the vehicle, vessel, aircraft or hovercraft for evidence that an offence under
this Law has been, is being, or is about to be, committed;
(d) request
a person on the vehicle, vessel, aircraft or hovercraft to provide to the
officer the assistance that the officer may reasonably require in the exercise
of any of the powers of an officer under this Law;
(e) exercise
on or in the vehicle, vessel, aircraft or hovercraft any of the powers of an
officer under this Law.
(2) If
an officer believes on reasonable grounds that an object is to be taken on, or
has been taken off, a vessel, aircraft or hovercraft that is intended to leave
Jersey or that has entered Jersey with the object on board, the officer
may –
(a) search
the object; and
(b) if
the object is luggage or a container, open and search the luggage or container,
for evidence that an offence under this Law has been, is being or is
about to be committed.
(3) A
person who fails to –
(a) comply
with a request by an officer to stop a vehicle, vessel, aircraft or hovercraft;
or
(b) permit
an officer to board the vehicle, vessel, aircraft or hovercraft after such a
request is made,
commits an offence and shall be liable to imprisonment for
2 years and to a fine.
47 Forfeiture to the
Management Authority
If an officer seizes an object, including a specimen, the owner of
which cannot be identified, the object shall be forfeited to the Management
Authority.
48 Dealing with
forfeited specimens
(1) If
a specimen is forfeited to the Management Authority under this Law, the
Management Authority shall ensure that a notice is published in a newspaper
circulating in Jersey specifying the object seized and requesting the owner to
contact, within 14 days after the publication of the notice, a person
identified in the notice.
(2) Whether
or not the owner of a specimen is identified, the Management Authority
may –
(a) sell
or give the specimen to another person (including the owner);
(b) retain
the animal or plant at a rescue centre;
(c) if
the animal or plant is not alive, dispose of it;
(d) if
an animal, destroy the animal on the advice of a veterinary surgeon if it
thinks it is necessary or desirable to do so to cease the animal’s
suffering or to remove the risk of the animal spreading disease;
(e) if
a plant, destroy the plant if it thinks it is necessary or desirable to do so
to remove the risk of the plant spreading disease;
(f) destroy
the animal on the advice of a veterinary surgeon, or destroy the plant, if it
thinks it necessary or desirable to do so to ensure the health of the species to
which the animal or plant belongs; or
(g) transport,
or ensure the transportation of, the animal or plant back to a country or
territory from which the Management Authority believes it was taken from the
wild or exported to Jersey.
(3) Any
expenses reasonably incurred by the Management Authority in exercise of its
powers under this Article, including the cost of any veterinary treatment
reasonably required in respect of any animal, shall be recoverable as a civil
debt from the owner or person having, or appearing to have, care or custody of
the specimen.
PART 9
CONCLUDING PROVISIONS
49 Orders and
Regulations
(1) The
States may, by Regulations amend this Law –
(a) to
the extent that is necessary in order for Jersey to comply with its obligations
under CITES; or
(b) to
give effect to any resolution of the Conference of the Parties.
(2) For
the purposes of paragraph (1), a resolution of the Conference of the
Parties means a recommendation under Article XI(3)(e) of CITES, such
recommendation being in the form of a resolution.
(3) Regulations
under this Law may refer to an instrument of a legislative or administrative
character, as in force for the time being or as in force from time to time,
that is made by another country or territory or by a person or body that is
incorporated or established in another country or territory.
(4) An
Order or Regulations under this Law may contain such transitional,
consequential, incidental or supplementary provisions as appear to the Minister
or the States, as the case may be, to be necessary or expedient for the
purposes of the Order or Regulations.
50 Citation
This Law may be cited as the Endangered Species (CITES) (Jersey)
Law 2012.