6.—(1) Section 2 of the Principal Act is hereby amended in subsection (1)—

(a) by the insertion of the following after the definition of “building operation”:

“‘the CITES Convention’ means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on the 3rd day of March, 1973, as subsequently duly amended;

‘the CITES Regulations’ means, where appropriate, either or both Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein⁽¹⁾, which relates to the CITES Convention, and Commission Regulation (EC) No. 939/97 of 26 May 1997 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein⁽²⁾, together with any amendments to or replacements of those Regulations;”,

(b) by the insertion of the following after the definition of “the Commissioners”:

“‘communities’ means any naturally occurring group of organisms that occupy a common environment;”,

(c) by the substitution of the following for the interpretation given to “conservation”:

“‘conservation’ includes measures to maintain or enhance or restore the quality, value or diversity of species, habitats, communities, geological features or geomorphological features;”,

(d) by the insertion of the following after the meaning assigned to “exempted wild mammal”:

“‘export’, where the context so admits, includes re-export and cognate words shall be construed accordingly;”,

(e) by the substitution, in the definition of “falconry”, of “orders Accipitriformes, Falconiformes and Strigiformes” for “order Falconiformes” and the said definition, as so amended, is set out in the Table to this section,

(f) by the substitution of the following for the interpretation given to “fauna”:

“‘fauna’ means all wild birds and all wild animals (both aquatic and terrestrial) and includes wild mammals, reptiles, amphibians and aquatic and non-aquatic invertebrate animals, and all such wild animals' eggs, larvae, pupae or other immature stage and young;”,

(g) by the insertion, in the definition of “flora”, of “, aquaculture, forestry” after “agriculture” and of “conifers,” after “flowering plants,”, and the said definition, as so amended, is set out in the Table to this section,

(h) by the insertion of the following after the definition of “foreshore”:

“‘fossil’ includes the remains or imprints, in whole or in part, of animals, plants or any other organisms of uncertain affinity, or of their activities, which are preserved in rocks or deposits at the surface, or beneath the surface, of land;”,

(i) by the insertion of the following after the interpretation given to “functions”:

“‘geology’ includes—

(a) the study of the Earth (as a whole or in part), the materials of which it is made, the processes that act and have acted upon those materials and the products and structures formed by such action, and

(b) the physical and biological history of the Earth since its origin including the history of rock sequences as well as the history of life preserved as fossils in rocks and deposits at the surface, or in layers beneath the surface, of land;

‘geomorphology’ includes the configuration of the Earth's surface and its particular landforms generated by natural processes, such as cliffs, eskers, drumlins, caves, turloughs or other features of the landscape formed by natural processes;

‘habitat’ includes—

(a) the abode or natural home and the locality thereto of—

(i) a particular species or population of a particular species, at any stage of life, or

(ii) a community of organisms.

(b) a distinctive type of terrain, site or location, distinguished by physical, geographical, vegetational or other features;

(c) a specific locality where a particular fossil, mineral, geological or geomorphological feature is to be found;”,

(j) in the definition of “hunt”, by the deletion of all words from “but does not in this Act include” down to “photographic or other pictures,”, and the said definition, as so amended, is set out in the Table to this section,

(k) by the insertion of the following after the definition of “hunt”:

“‘import’, where the context so admits, includes reimport and cognate words shall be construed accordingly;”,

(l) by the insertion of the following after the definition of “local authority”:

“‘mechanically-propelled vehicle’ has the same meaning as it has in the Road Traffic Act 1961;

‘mineral’ includes any naturally occurring organic or inorganic element or chemical compound of set composition, internal structure and physical properties and occurring generally, but not always, in crystal form;”,

(m) by the insertion of the following after the definition of “the Minister”:

“‘natural heritage area’ means an area which is worthy of conservation for one or more species, communities, habitats, landforms or geological or geomorphological features, or for its diversity of natural attributes;

‘natural heritage area order’ means an order made under section 18 of the Wildlife (Amendment) Act 2000;

‘nature reserve’ means an area managed primarily for conservation of one or more species, communities, habitats or for any feature of geological, geomorphological or other natural interest which is provided for by the Minister in accordance with the Wildlife Acts, 1976 and 2000;”,

(n) by the insertion of the following after the definition of “ornithology” (inserted by the Regulations of 1985):

“‘orphaned’, in relation to any wild bird or any wild animal, includes a dependant young wild bird or dependant young wild animal which has been abandoned and which, in the circumstances, would be unlikely to survive unaided in the wild;”,

(o) by the substitution of the following for the interpretation given to “species”:

“‘species’ means any species, except man, and includes subspecies and varieties, hybrids and populations thereof;”,

(p) by the insertion of the following after the definition of “the territorial seas of the State”:

“‘wild animal’ includes an individual of a population which primarily lives independent of human husbandry but does not include—

(a) wild birds, or

(b) species of fish or aquatic invertebrate animals (or their eggs or spawn or other immature stage or brood or young) which are of a species specified in regulations made by the Minister with the prior consent of the Minister for the Marine and Natural Resources under section 32 of the Wildlife (Amendment) Act 2000;”,

(q) in the definition of “wild bird”, by the insertion of “eggs and” after “includes the”, and the said definition, as so amended, is set out in the Table to this section.

(2) Section 2 of the Principal Act is hereby amended by the substitution of the following for subsection (3):

“(3) For the purposes of this Act the business of wildlife dealing means the business of buying for resale any wild birds or wild animals whether alive or dead, or any part, product or derivative of such birds or animals and includes engaging in taxidermy in respect of such birds or animals.”.

TABLE

“falconry” means hunting by means of birds of the orders Accipitriformes, Falconiformes and Strigiformes which are trained to hawk for sport;

“flora” means all plants (both aquatic and terrestrial) which occur in the wild (whether within or outside the State) and are not trees, shrubs or other plants being grown in the course of agriculture, aquaculture, forestry or horticulture and includes in particular lichens, mosses, liverworts, fungi, algae and vascular plants, namely flowering plants, conifers, ferns and fern allied plants and any community of such plants;

“hunt” means stalk, pursue, chase, drive, flush, capture, course, attract, follow, search for, lie in wait for, take, trap or shoot by any means whether with or without dogs, and, except in sections 28 and 29 of this Act, includes killing in the course of hunting and kindred words shall be construed accordingly;

“wild bird” includes the eggs and unflown young of a wild bird;