Endangered Species (Import and Export) Act 1976 (Modification) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1280 |
| Year | 1978 |
1978 No. 1280
ANIMALS
The Endangered Species (Import and Export) Act 1976 (Modification) Order 197830thAugust 1978
8thSeptember 1978
29thSeptember 1978
The Secretary of State in exercise of the power conferred by section 3 of the Endangered Species (Import and Export) Act 1976(a) and of all other powers enabling him in that behalf, after consulting a scientific authority, hereby makes the following order:—
Citation and commencement
1. This order may be cited as Endangered Species (Import and Export) Act 1976 (Modification) Order 1978 and shall come into operation on 29th September 1978.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
(2) In this order "the Act" means the Endangered Species (Import and Export) Act 1976.
Modification of Schedule 3 to the Act
3. For the purpose of promoting the conservation of animals of a kind which appears to the Secretary of State to be endangered as a result of international trade, Schedule 3 to the Act shall be modified as follows—
(a) in paragraph 9(5)(b)—
(i) after the words—
"Enhydra lutris (sea otter)"
there shall be inserted the words—
"Equus burchelli (Burchell's zebra)"
"Equus grevyi (Grevy's zebra)"
"Equus zebra (mountain zebra)",
(a) 1976 c. 72.
(b) 1889 c. 63.
(ii) after the words—
"Felis bengalensis (leopard cat)"
there shall be inserted the words—
"Felis chaus (jungle cat)";
(iii) after the words—
"Mungos mungo (banded mongoose)"
there shall be inserted the words—
"Nandinia binotata (African palm civet)"; and
(iv) after the words—
"Poiana richardsoni (African linsang)"
there shall be inserted the words—
"Prionodon linsang (banded linsang)"
"Prionodon pardicolor (spotted linsang)".
(b) For paragraph 16, there shall be substituted the following paragraph—
"16. The whole or any part of the boney shell, covering scales or claws, or anything made therefrom, of any member of the family Cheloniidae (sea turtles)."
Peter Shore, Secretary of State for the Environment.
30th August 1978.
EXPLANATORY NOTE.
(This Note does not form part of the Order.)
This Order modifies the Schedules to the Endangered Species (Import and Export) Act 1976 which imposes in the United Kingdom the restrictions on international trade contained in the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The modifications made by this Order bring under control trade in certain parts and products (the jungle cat skin, zebra skins, "spotted" skins of civets and linsangs, and articles of tortoiseshell) of species which appear to be endangered by international trade or which are similar in appearance to such endangered species.
APPENDIX
OF CERTAIN INSTRUMENTS
NOT REGISTERED AS S.I
Orders in Council,
Letters Patent
and Royal Instructions
relating to the Constitutions etc. of
Overseas Territories or to appeals to the Judicial
Committee,
Royal Proclamations, etc.
NEW SOUTH WALES
NEW SOUTH WALES ORDER IN COUNCIL
At the Court at Buckingham Palace
THE 25th DAY OF JULY 1978
PRESENT,
THE QUEEN'S MOST EXCELLENT MAJESTY
IN COUNCIL
Whereas every Bill passed by the Legislature of any State forming part of the Commonwealth of Australia which alters the constitution of the Legislature of the State or of either House thereof is required to be reserved for the signification of Her Majesty's pleasure thereon, provided that it shall not be necessary to reserve any such Bill if the Governor has previously received instructions from Her Majesty to assent and does assent accordingly to the Bill:
And whereas the Legislature of the State of New South Wales (being one of the States constituting the Commonwealth of Australia) has passed a certain Bill which alters the constitution of the Legislative Council of the State of New South Wales and which provides that it may be cited as the "Constitution and Parliamentary Electorates and Elections (Amendment) Act, 1978":
And whereas the said Bill has been laid before Her Majesty in Council, and it is expedient that Her Majesty should instruct the Governor of the said State to assent to the said Bill:
Now, therefore, Her Majesty doth by this present Order, by and with the advice of Her Privy Council, instruct the Governor of the said State to assent to the said Bill:
Provided, however, that the Governor of the said State shall not assent to the said Bill unless (a) the presentation to him of the said Bill for his assent is valid and lawful according to the laws in force in the said State of New South Wales; and (b) Her Majesty's assent to the Bill which may be cited as the "Constitution (Amendment) Act, 1978", has previously been duly proclaimed according to the laws in force in the said State.
N. E. Leigh
NEW SOUTH WALES
NEW SOUTH WALES ORDER IN COUNCIL
At the Court at Buckingham Palace
THE 25th DAY OF JULY 1978
PRESENT,
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL
Whereas by section 7 of the Constitution Act, 1902, of the Legislature of the State of New South Wales (being one of the States constituting the Commonwealth of Australia) it is enacted as follows:—
"The Legislature may, by any Act, alter the laws in force for the time being under this Act or otherwise concerning the Legislative Council, and may provide for the nomination or election of another Legislative Council to consist of such members to be appointed or elected by such persons and in such manner as by any such Act is determined:
"Provided that every Bill passed for any such purpose shall be reserved for the signification of His Majesty's pleasure thereon, and a copy of such Bill shall be laid before both Houses of the Imperial Parliament thirty days at least before His Majesty's pleasure thereon is signified":
And whereas on the 3rd day of April 1978 the Governor of the said State of New South Wales reserved, for the signification of Her Majesty's pleasure thereon, a certain Bill passed by the Legislative Council and Legislative Assembly of the said State entitled "An Act to repeal the proviso to section 7 of the Constitution Act, 1902" and shortly entitled the "Constitution (Amendment) Act, 1978":
And whereas the said Bill, so reserved as aforesaid, has been laid before both Houses of the said Parliament for the said period:
And whereas the said Bill, so reserved as aforesaid, has been laid before Her Majesty in Council, and it is expedient that it should be assented to by Her Majesty:
Now, therefore, Her Majesty doth by this present Order, by and with the advice of Her Privy Council, declare Her Assent to the said Bill.
N. E. Leigh
THE TUVALU INDEPENDENCE ORDER 1978
At the Court at Buckingham Palace
THE 25th DAY OF JULY 1978
PRESENT,
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL
Her Majesty, by virtue and in exercise of the powers in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement.
1.—(1) This Order may be cited as the Tuvalu Independence Order 1978.
(2) This Order shall be published in the Gazette and shall come into operation on 1st October 1978 (in this Order referred to as "Independence Day"):
Provided that sections 4(2) and 6 of this Order shall come into operation forthwith.
Interpretation.
2.—(1) In this Order—
"the Constitution" means the Constitution set out in the Schedule to this Order;
"the existing Constitution" means the Constitution set out in Schedule 2 to the Tuvalu Order 1975(a) as amended by the Tuvalu (Amendment) Order 1977(b), the Tuvalu (Amendment) (No. 2) Order 1977(c) and the Tuvalu (Amendment) Order 1978(d);
"the existing laws" means any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Tuvalu immediately before Independence Day but does not include any Order revoked by this Order;
"the existing House of Assembly" means the House of Assembly established by the existing Constitution;
"the existing Orders" means the Orders revoked by section 3(1) of this Order.
(2) The provisions of sections 104, 105, 106(2) and 112 of the Constitution shall apply for the purposes of interpreting sections 1 to 11 of this Order and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.
(a) S.I. 1975 III, p. 8537.
(b) S.I. 1977 II, p. 4356.
(c) S.I. 1977 III, p. 6222.
(d) S.I. 1978 I, p. 1700.
Revocations.
3.—(1) The Tuvalu Order 1975, the Tuvalu (Amendment) Order 1977, the Tuvalu (Amendment) (No. 2) Order 1977 and the Tuvalu (Amendment) Order 1978 are revoked.
(2) The Emergency Powers Order in Council 1939(a) and any Order in Council amending that Order shall cease to have effect as part of the law of Tuvalu on Independence Day.
Establishment of Constitution.
4.—(1) Subject to the provisions of this Order, the Constitution shall come into effect in Tuvalu on Independence Day.
(2) The Commissioner (as defined for the purposes of the existing Constitution) may at any time after this subsection comes into operation exercise any of the powers conferred upon the Governor-General by section 5 of this Order or by the Constitution to such extent as may in his opinion be necessary or expedient to enable the Constitution to function as from Independence Day.
Existing laws.
5.—(1) The revocation of the existing Orders shall be without prejudice to the continued operation of any existing laws made, or having effect as if they had been made, under any of those Orders; and the existing laws shall have effect on and after Independence Day as if they had been made in pursuance of the Constitution and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Tuvalu Act 1978(b) and this Order.
(2) Where any matter that falls to be prescribed or otherwise provided for under the...
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