S.L. 549.44 Art. 3Interpretation.

For the purpose of these regulations and unless the context otherwise requires:

"the Act" means the Environment Protection Act;

"agreement" means an agreement, to which Malta is a party, entered into by a group of states reciprocally granting to citizens of such states or their dependants the right to enter, remain and reside in and leave the territory of such a state, to move freely within such states for such a period as may be established in the agreement and to work or establish, provide or receive services therein; and "Agreement State" and "citizen of an Agreement State" shall be construed accordingly; and where a State is a party to such an Agreement subject to modifications and adaptations, a citizen of an Agreement State shall be subject to such modifications or adaptations as may be prescribed; "alien" means a non-indigenous organism, which has never been a native of Malta or which has been introduced therein during the past five hundred years;

"biological resources" includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity; "the competent authority" means the Environment and Resources Authority; "conservation" means a series of measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status as defined in the interpretation of "conservation status of a natural habitat" and "conservation status of a species"; "conservation status of a migratory species" means the sum of the influences acting on the migratory species that may affect its long-term distribution and abundance; "conservation status of a natural habitat" means the sum of the influences acting on a natural habitat and its typical species that may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species within the territory referred to in regulation 2(1). The conservation status of a natural habitat will be taken as "favourable" when: - its natural range and areas it covers within that range are stable or increasing, and - the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and - the conservation status of its typical species is favourable as defined in the interpretation of conservation status of a species; "conservation status of a species" means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations within the territory referred to in regulation 2(1).

The conservation status will be taken as "favourable" when: - population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and - the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and - there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis; "country of origin of genetic resources" means the country which possesses those genetic resources in in situ conditions; "country providing genetic resources" means the country supplying genetic resources collected from in situ sources, including populations of both wild and domesticated species, or taken from ex situ sources, which may or may not have originated in that country; "deliberate" means actions by a person who is reasonably expected to know, in light of general experience, that his action will most likely lead to an offence against a species, but he intends the action or consciously accepts the results of his action, even if not intended; "development notification order" means development notification orders issued under the Development Notification Order;

"Director" means the Director responsible for environment protection within the competent authority, or his designated representative; "domesticated or cultivated species" means species in which the evolutionary process has been influenced by humans to meet their needs; "endangered" means a species which is in danger of extinction and whose survival is unlikely if the causal factors continue operating. Included are species whose numbers have been severely depleted and reduced to a critical level or species whose habitat has been drastically reduced; "endemic" means those species found in Malta and which are either species of biogeographical importance or species whose native distribution range is limited to Malta only or to the Central Mediterranean region only, whereby the latter region includes Sicily and circum-Sicilian islands (including Pantelleria and the Pelagian Islands), the Maltese Islands and islands off Tunisia. Such endemic species also include possibly endemic species whose taxonomic status or identity requires further analysis; "ex situ conservation" means the conservation of components of biological diversity outside their natural habitats; "general development order" means general development orders * issued under the General Development Order, 1997 ; "genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity; "genetic resources" means genetic material of actual or potential value;

*Revoked by L.N. 137 of 1997. "habitat of a species" means an environment defined by specific abiotic and biotic factors, in which the species lives at any stage of its biological cycle; "in situ conditions" means conditions where genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties; "in situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties; "invasive species" means an alien species whose establishment and spread threatens local biodiversity; "migratory species" means the entire population or any geographically separate part of the population of any species or lower taxon of wild animals, a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries; "the Minister" means the Minister responsible for the environment; "natural habitats" means terrestrial or aquatic areas distinguished by geographic, abiotic and biotic features, whether entirely natural or semi-natural; "natural habitat types" means such habitat types listed in Schedule I and include those natural habitats:

(a) which are in danger of disappearance in their natural range; or

(b) which have a small natural range following their regression or by reason of their intrinsically restricted area; or

(c) which present outstanding examples of typical characteristics of one or more of the seven following biogeographical regions: Alpine, Atlantic, Boreal, Continental, Micronesian, Mediterranean and Pannonian; or

(d) those natural habitats types included in international treaties to which Malta is signatory or party;

"Pan-European Ecological Network" means a coherent Euro-Mediterranean ecological network of special areas of conservation, and includes, amongst others, the National Ecological Network, the Emerald Network, set up in line with the obligations of the Convention on the Conservation of European Wildlife and Natural Habitats, the List of Specially Protected Areas of Mediterranean Interest set up by the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean, and the Agreement States’ Natura 2000 Network; "permit" means a permission issued in terms of these regulations; "protected sites" include special areas of conservation (SACs) and special protection areas (SPAs) declared through the provisions of these regulations; "priority natural habitat types" means natural habitat types in danger of disappearance which are present in the territory referred to in regulation 2(1) and for the conservation of which Malta as a Member State has particular responsibility in view of the proportion of their natural range falling in the territory referred to in regulation 2(1); these priority natural habitat types are indicated by an asterisk (*) in Schedule I; "priority species" means endangered species for the conservation of which Malta as a Member State has particular responsibility in view of the proportion of their natural range falling in territory referred to in regulation 2(1); these priority species are indicated by an asterisk (*) in Schedule II; "rare" means a species with small populations that are not at present endangered or vulnerable, but are at risk. This includes species located within restricted geographical areas or that are thinly scattered over a more extensive range;

"related regulations" includes the Filfla Nature Reserve Act, the Fungus Rock (il-Ġebla tal-Ġeneral) Nature Reserve Regulations, the Reptiles (Protection) Regulations, the Selmunett Islands (St.

Paul’s Islands) Nature Reserve Regulations, the Marine Mammal

(Protection) Regulations, the Conservation of Wild Birds

Regulations, the Trees and Woodland Protection Regulations, and including any other related legislation; "re-introduction" means the deliberate or accidental release of an organism into the environment of a given site or territory, which site or territory forms part of the natural distribution area of the organism in question. The said organism belongs to an extinct or endangered native species or taxon, which has previously been observed as a naturally occurring and self-sustaining population in historical times, but which has declined or disappeared as a result of human intervention or a natural disaster; "site" means a geographically defined area whose extent is clearly delineated, and includes the sea; "site of Community importance" means a site which, in the biogeographical region or regions to which it belongs, contributes significantly to the maintenance or restoration at a favourable conservation status of a natural habitat type in Schedule I or of a species in Schedule II and may also contribute significantly to the coherence of Natura 2000; and, or to the maintenance of biological diversity within the Mediterranean biogeographic region; "special area of conservation" or "SAC" means a protected area, and may either be of National Importance or of International Importance; "special area of conservation of National Importance" means a site designated under these regulations and which contributes significantly to the coherence of the National Ecological Network and the maintenance of biological diversity within Malta; "special area of conservation of International Importance" means a site designated through a statutory, administrative and, or contractual act, in the biogeographical region or regions to which it belongs, and where conservation measures are applied for the maintenance or restoration, at a favourable conservation status of a natural habitat type in Schedule I or of a species in Schedule II; "special protection area" or "SPA" means an area designated for birds listed in Schedule I to the Conservation of Wild Birds Regulations;

"species of biogeographical importance" means any species found in the Maltese Islands which is or possibly is of a relict nature or whose restricted distribution in the Mediterranean, and that contributes to the understanding of the spatial patterns of biodiversity in Malta, the Mediterranean, Europe and North Africa;

"species of Community interest" means species within the territory referred to in regulation 2(1) that are endangered, vulnerable, rare, endemic, or species requiring particular attention, or a priority species. Such species are listed or may be listed in either Schedule II or Schedule V, or in both;

"species requiring particular attention" means species which by reason of the specific nature of their habitat and, or the potential impact of their exploitation on their habitat and, or the potential impact of their exploitation on their conservation status, may be at risk of becoming endangered;

"specimen" means any animal or plant, in any stage of its life cycle, whether alive or dead, of the species listed in Schedules V, VI, VII and VIII, whether whole or in part, whether in the original form or after having undergone any transformation, and includes any construction made by them. It includes any part or derivative thereof, as well as any other goods which appear, from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be parts or derivatives of animals or plants of those species; "sustainable use" means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations; "Tribunal" means the Environment and Planning Review Tribunal as established in article 3 of the Environment and Planning Review Tribunal Act; "vulnerable" means a species believed or that is likely to become endangered in the near future if the causal factors continue operating.