S.L. 549.106 Art. 12Special procedures. Cap. 9. Cap. 490.

(1) Notwithstanding anything contained in these regulations for the trial and punishments of offences and subject to the provisions of article 7(1)(a), (b) and (c), where the Wild Birds Regulation Unit and, or, the Executive Police believe that a person has committed an offence against these regulations, as found in Schedule II, the Executive Police may confiscate the corpus delicti in terms of the Schedule and shall inform the Wild Birds Regulation Unit which shall, within thirty days from such information, give notice in writing to such person describing the offence of which the person is accused, indicating the steps to be taken to remedy the offence and the administrative penalty which he is required to pay in respect of that offence: Provided that this regulation shall be without prejudice to the powers granted to the Executive Police under the Criminal Code: Provided further that any person served with the notice who feels aggrieved by a decision of the Wild Birds Regulation Unit under this sub-regulation, may appeal to the Administrative Review Tribunal established under the Administrative Justice Act for a revocation or modification of such administrative penalty, and the return of the corpus delicti confiscated in terms of this regulation.

(2) Where a notice under this regulation has been given, the person named in the notice may, within twenty-one days of the service of the notice, accept responsibility for the offence specified in the notice and within the same period, remedy the offence and pay, or undertake in writing to pay, the penalty indicated in the notice:

Provided that where the person to whom notice is given under sub-regulation (1) does not accept or, having accepted such responsibility, fails to remedy the offence within the time aforesaid, ordinary criminal proceedings shall be taken against him in accordance with regulation 11.

(3) The provisions of sub-regulations (1) and (2) shall not apply in any case where the offence listed in Schedule II is accompanied by any offence which is not listed in the same Schedule including where the offence is committed in conjunction with any other offence under these regulations, with the exception of the administrative offences listed in Schedule II and in such circumstances the provisions of regulation 11 shall automatically apply.

Schedule I Administrative fees

Service Fee

New application or renewal of the €50 for a validity period of licence to practice falconry in 5 years. accordance with regulation 4(1) and (2) Application for a special falconry €30 fo r each special activity licence in accordance with falconry activity licence. regulation 4(3) Examination fee in accordance with €30 per examination. regulation 4(1)(vi) Re-sit fee for the referred to in €10 per re-sit of the regulation 4(1)(vi) examination.

Schedule II

Administrative Penalties Regulation Offence Penalty

7(1)(a) Flying any untethered falcon that is not €100 wearing a transmitter of a real-time tracking device that is able to be tracked 7(1)(b) Permitting the falcon to stray outside the €100 area where falconry may be practised 7(1)(c) Permitting the falcon to escape from the €100 control of the licensee