Infrastructure Bill (HC Bill 999)

(4) Regulations under this section may provide for the function to be exercisable—

(a) concurrently with the Secretary of State;

(b) only with the consent of the Secretary of State;

(c) subject to such other conditions as the Secretary of State considers
5appropriate.

(5) Regulations under this section may amend, repeal, revoke or otherwise modify
the application of any enactment (but, in the case of an Act, only if the Act was
passed before the end of the Session in which this Act is passed).

17 Consequential and transitional provision etc

(1) 10The Secretary of State may by regulations make—

(a) consequential, supplementary or incidental provision, or

(b) transitional or transitory provision or savings,

in connection with an order under section 1 or any other provision made by or
under this Part.

(2) 15Regulations under this section may amend, repeal, revoke or otherwise modify
the application of any enactment (but, in the case of an Act, only if the Act was
passed before the end of the Session in which this Act is passed).

18 Interpretation of Part 1

In this Part—

• 20“enactment” includes an enactment comprised in subordinate legislation
  within the meaning of the Interpretation Act 1978;

• “highway” has the same meaning as in the Highways Act 1980;

• “local highway authority” has the same meaning as in that Act;

• “users of highways” includes cyclists and pedestrians.

25Part 2 Powers of British Transport Police Force

19 Powers of British Transport Police Force

(1) In section 100 of the Anti-terrorism, Crime and Security Act 2001 (jurisdiction
of transport police)—

(a) 30in subsection (2)(b), after “personal injury” insert “or damage to
property”, and

(b) omit subsection (3)(a).

(2) In section 172 of the Road Traffic Act 1988 (duty to give information as to
identity of driver etc in certain circumstances), in subsection (2)(a), after “chief
35officer of police” insert “or the Chief Constable of the British Transport Police
Force”.

Part 3 Environmental control of animal and plant species

20 Environment control of animal and plant species

(1) The Wildlife and Countryside Act 1981 is amended as follows.

(2) 5In section 14 (introduction of new species etc), after subsection (4) insert—

“(4A) Schedule 9A contains provision about species control agreements and
orders and related matters.”

(3) After Schedule 9 insert—

Section 14(4A)

“Schedule 9A Species control agreements and orders (England and Wales)

10Part 1 Overview and interpretation

Overview

1 (1) This Schedule provides for—

(a) species control agreements between environmental
15authorities and owners of premises, and

(b) species control orders made by environmental authorities,

and for related matters.

(2) A species control agreement or species control order may relate to—

(a) an invasive non-native species of animal or plant, or

(b) 20a species of animal that is no longer normally present in Great
Britain.

This is subject to the other provisions of this Schedule.

(3) The following definitions apply for the purposes of this Schedule.

Invasive non-native species

2 (1) 25“Species” means any kind of animal or plant.

(2) A species is “invasive” if, uncontrolled, it would be likely to have a
significant adverse impact on—

(a) biodiversity,

(b) other environmental interests, or

(c) 30social or economic interests.

(3) A species is “non-native” if—

(a) it is listed in Part 1 or 2 of Schedule 9, or

(b) in the case of a species of animal, it is a species—

(i) whose natural range does not include any part of
35Great Britain, and

(ii) which has been introduced into Great Britain or is
present in Great Britain because of other human
activity.

(4) References to a species being “present” on premises include its being
5present at any stage in its life-cycle (for example, as eggs or seeds).

Species that are no longer normally present in Great Britain

3 A species of animal is “no longer normally present in Great Britain”
if—

(a) it is a species listed in Part 1B of Schedule 9, or

(b) 10it is a species—

(i) whose natural range includes all or any part of Great
Britain, and

(ii) which has ceased to be ordinarily resident in, or a
regular visitor to, Great Britain in a wild state.

15Environmental authorities

4 (1) “Environmental authority”, in relation to premises in England,
means—

(a) the Secretary of State,

(b) the Environment Agency,

(c) 20Natural England, and

(d) the Forestry Commissioners.

(2) “Environmental authority”, in relation to premises in Wales,
means—

(a) the Welsh Ministers, and

(b) 25the Natural Resources Body for Wales.

Owners and dwellings

5 (1) “Owner”, in relation to premises consisting of land, means—

(a) a person, other than a mortgagee not in possession, who is for
the time being entitled to dispose of the fee simple of the land,
30whether in possession or reversion, or

(b) a person in possession under a lease.

(2) “Dwelling” means a building or structure, or part of a building or
structure, occupied wholly or mainly as a dwelling.

Operations

6 (1) 35“Species control operations” are operations to do one or more of the
following—

(a) eradicate a species from premises;

(b) control a species on premises;

(c) prevent a species from returning to premises.

(2) 40References to “carrying out” operations include arranging for
operations to be carried out.

Part 2 Species control agreements

Making of species control agreements

7 (1) An environmental authority may enter into a “species control
5agreement” with an owner of any premises where the authority
considers that there is present on the premises—

(a) an invasive non-native species, or

(b) a species of animal that is no longer normally present in Great
Britain.

(2) 10Under a species control agreement the parties agree to the carrying
out of species control operations.

(3) Before entering into a species control agreement with an owner, an
environmental authority must be satisfied that—

(a) the provisions of the agreement are proportionate to the
15objective to be achieved, and

(b) in a case where there is more than one owner, the owner with
whom the agreement is entered into is the most appropriate
one.

(4) Before entering into a species control agreement relating to animals
20of a species that is no longer normally present in Great Britain, the
environmental authority must also be satisfied that—

(a) the animals are present on the premises otherwise than under
and in accordance with the terms of a licence under section
16(4)(c),

(b) 25the animals on the premises are having a significant adverse
impact on—

(i) biodiversity,

(ii) other environmental interests, or

(iii) social or economic interests, and

(c) 30there is no appropriate alternative way of obviating that
impact.

(5) A species control agreement may not be entered into in relation to
premises consisting of a dwelling except where the environmental
authority is the Secretary of State or the Welsh Ministers.

35Content of species control agreements

8 (1) A species control agreement must provide for—

(a) the species control operations to be carried out,

(b) the party who is to carry them out, and

(c) the time by which they are to be carried out.

(2) 40A species control agreement may contain such supplementary
provision as the parties consider appropriate.

(3) That may include provision as to—

(a) how species control operations are to be carried out,

(b) payment to be made by either party to the other, or to another
person, in respect of the species control operations to be
carried out, or

(c) any species control operations that must not be carried out.

5Liability

9 An environmental authority is not liable to a person with an interest
in the premises, other than the owner with whom a species control
agreement is entered into, for anything done by the authority
pursuant to the agreement.

10Part 3 Species control orders

When a species control order may be made

10 (1) An environmental authority may make a species control order in
relation to premises if—

(a) 15it considers that there is present on the premises—

(i) an invasive non-native species, or

(ii) a species of animal that is no longer normally present
in Great Britain, and

(b) any of the following circumstances apply.

(2) 20The circumstances are—

(a) the environmental authority considers that an owner has
failed to comply with a species control agreement entered
into with the environmental authority and, having been
given notice to that effect and a reasonable opportunity to
25rectify the failure, has not done so;

(b) the environmental authority has offered to enter into a
species control agreement with an owner but—

(i) the owner has refused to enter into any kind of
species control agreement, or

(ii) 30no species control agreement has been entered into in
respect of the premises by the end of the period of 42
days beginning with the day after the offer was made
and the authority considers it unlikely that the owner
will enter any kind of such agreement;

(c) 35the environmental authority considers that the making of the
order is urgently necessary;

(d) the environmental authority has been unable to identify an
owner, having—

(i) placed on the premises a conspicuous notice of its
40desire to enter into a species control agreement, and

(ii) waited for 5 days after the day on which the notice
was placed.

(3) Before making a species control order, an environmental authority
must be satisfied that the provisions of the order are proportionate to
45the objective to be achieved.

(4) Before making a species control order relating to animals of a species
that is no longer normally present in Great Britain, the
environmental authority must also be satisfied that—

(a) the animals are present on the premises otherwise than under
5and in accordance with the terms of a licence under section
16(4)(c),

(b) the animals on the premises are having a significant adverse
impact on—

(i) biodiversity,

(ii) 10other environmental interests, or

(iii) social or economic interests, and

(c) there is no appropriate alternative way of obviating that
impact.

(5) A species control order may not be made in relation to premises
15consisting of a dwelling except by the Secretary of State or the Welsh
Ministers.

What an order must do

11 (1) A species control order under paragraph 10(2)(a) or (b) (failure to
comply with or enter into agreement) must contain provision—

(a) 20requiring the owner specified in that paragraph to carry out
species control operations, or

(b) stating that the environmental authority proposes to carry
out species control operations,

or both.

(2) 25A species control order under paragraph 10(2)(c) (emergency) must
contain provision—

(a) requiring any owner of the premises specified in the order to
carry out species control operations, or

(b) stating that the environmental authority proposes to carry
30out species control operations,

or both.

(3) A species control order under paragraph 10(2)(d) (no identifiable
owner) must contain provision stating that the environmental
authority proposes to carry out species control operations.

12 (1) 35A species control order must—

(a) specify the species to which the order relates,

(b) specify the species control operations to be carried out,

(c) specify the time by which the species control operations must
be carried out or (as the case may be) the time by which they
40are proposed to be carried out by the authority, and

(d) if appropriate, include a map of the premises to which the
order relates.

(2) Unless it is made under paragraph 10(2)(c) (emergency), a species
control order—

(a) 45may not require an owner of premises to carry out species
control operations, or provide for an environmental
authority to carry out species control operations, before the

end of the period in which an appeal may be made (see
paragraph 16), and

(b) must provide that if an appeal is made within that period, the
owner need not carry out the operations, or the
5environmental authority shall not carry out the operations,
before the appeal is withdrawn or finally determined.

What an order may do

13 (1) A species control order may contain provision supplementary to that
specified in paragraphs 11 and 12.

(2) 10That may include provision as to—

(a) how species control operations are to be carried out;

(b) payment to be made by the environmental authority to—

(i) an owner, in respect of the reasonable costs of
operations to be carried out by the owner, or

(ii) 15another person, in respect of the reasonable costs of
operations to be carried out by an owner;

(c) payment that an owner must make in respect of the
reasonable costs of species control operations to be carried
out by the environmental authority;

(d) 20species control operations that an owner must not carry out;

(e) who will carry out species control operations for the
environmental authority.

Notice

14 (1) After making a species control order, an environmental authority
25must forthwith give notice of it to—

(a) all owners of the premises of whom the environmental
authority is aware,

(b) the Secretary of State, if the environmental authority is the
Environment Agency, Natural England or the Forestry
30Commissioners, and

(c) the Welsh Ministers, if the environmental authority is the
Natural Resources Body for Wales.

(2) In the case of an order under paragraph 10(2)(d) (no identifiable
owner), the environmental authority must also give notice of the
35order by placing it on the premises conspicuously.

(3) Notice under this paragraph must include—

(a) reasons for making the species control order, and

(b) reasons for any requirement imposed by it on an owner.

Revocation

15 (1) 40An environmental authority may at any time revoke a species control
order made by it.

This does not stop it from making another one in respect of the same
premises.

(2) Notice of revocation must be given as specified in paragraph 14 (but
reasons need not be given).

Appeals

16 (1) An owner of premises in relation to which a species control order is
5made may appeal to the First-tier Tribunal against—

(a) the making of the order, or

(b) any provision of the order.

(2) The First-tier Tribunal may—

(a) affirm the order,

(b) 10direct the environmental authority which made the order to
revoke or amend it,

(c) in the case of an order under paragraph 10(2)(c) (emergency),
suspend the order, or

(d) make such other order as the Tribunal thinks fit.

15Notice of compliance

17 Where an environmental authority considers that an owner of
premises has complied with all the requirements in a species control
order to carry out species control operations, the authority must give
the owner notice to that effect.

20Enforcement

18 (1) This paragraph applies where an environmental authority considers
that an owner of premises required by a species control order to
carry out a species control operation has not done so by the date or
in the way specified in the order.

(2) 25The authority must give the owner notice to that effect.

(3) Sub-paragraphs (4) to (6) apply if, after a week after giving notice
under sub-paragraph (2), the authority considers that the owner has
still not carried out the species control operation in the way specified
in the order.

(4) 30The authority may carry out the operation itself or carry out such
further work as is necessary to ensure that the operation is carried
out in the way specified in the order.

(5) The authority may recover from the owner any expenses reasonably
incurred by it in doing so (less any payment which the authority
35would apart from this paragraph have been required to make to the
owner in respect of the carrying out of the operations by the owner).

(6) The authority is not required to make any payment provided for
under paragraph 13(2)(b) in relation to the operation (and may
recover any payment made under that paragraph).

Offences

19 (1) A person who, without reasonable excuse, fails to comply with a
requirement imposed on that person by a species control order
commits an offence.

(2) 5A person who intentionally obstructs a person from carrying out an
operation required or proposed under a species control order
commits an offence.

(3) A person guilty of an offence under sub-paragraph (1) or (2) is liable
on summary conviction to imprisonment for a term not exceeding 51
10weeks, or a fine, or both.

(4) In relation to an offence committed before section 281(5) of the
Criminal Justice Act 2003 comes into force, the reference in sub-
paragraph (3) to 51 weeks is to be read as a reference to 6 months.

(5) In relation to an offence committed before section 85 of the Legal Aid,
15Sentencing and Punishment of Offenders Act 2012 comes into force,
the reference in sub-paragraph (3) to a fine is to be read as a reference
to a fine not exceeding £40,000.

Liability

20 (1) An owner of premises is not liable to any other person for doing
20anything required to be done by a species control order.

(2) An environmental authority is not liable to a person with an interest
in premises for anything done—

(a) by an owner pursuant to a requirement included in a species
control order, or

(b) 25by the authority pursuant to—

(i) provision included in a species control order under
paragraph 11(1)(b), (2)(b) or (3), or

(ii) paragraph 18(4).

Part 4 30Powers of entry

Powers of entry

21 (1) A person who is authorised to do so may enter any premises to—

(a) assist an environmental authority to determine whether to
offer to enter into a species agreement with a person,

(b) 35assist an environmental authority to determine whether to
make or revoke a species control order,

(c) investigate suspected non-compliance with a species control
agreement or a species control order,

(d) carry out species control operations for an environmental
40authority under a species control order,

(e) place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no
identifiable owner), or

(f) carry out species control operations or work pursuant to
paragraph 18(4).

This is subject to the other provisions of this Schedule.

(2) A person may not enter premises under sub-paragraph (1)(a) or (b)
5with a view to establishing whether a species is present unless the
environmental authority has reasonable grounds for suspecting that
it is.

Authorisation by justice of the peace

22 (1) To enter premises under paragraph 21 a person must be authorised
10by a warrant issued by a justice of the peace where—

(a) the premises consist of a dwelling or a garden, yard,
outbuildings or other land used or enjoyed wholly with a
dwelling,

(b) admission to the premises has been refused by an owner or
15refusal is reasonably apprehended,

(c) the premises are unoccupied,

(d) the owner is temporarily absent,

(e) giving notice would defeat the purpose of entry,

(f) entry is to carry out species control operations for an
20environmental authority under an order under paragraph
10(2)(c) (emergency),

(g) entry is to carry out species control operations for an
environmental authority under an order under paragraph
10(2)(d) (no identifiable owner),

(h) 25entry is to place a notice as specified in paragraph 10(2)(d)(i)
or 14(2), or

(i) entry is to carry out operations or work pursuant to
paragraph 18(4) which the environmental authority
considers to be urgently necessary.

(2) 30A justice of the peace may not grant a warrant—

(a) in the circumstances in sub-paragraph (1)(a) to (d) unless
satisfied that reasonable notice of the proposed entry has
been given to all owners of the premises of whom the
environmental authority is aware, or

(b) 35in the circumstances in paragraph (1)(g) unless satisfied that
the requirement in paragraph 14(2) (notice) has been met.

(3) For the purposes of sub-paragraph (2)(a) less than 48 hours’ notice is
not reasonable.

(4) A warrant may authorise a person to use reasonable force if
40necessary, but a person so authorised—

(a) must be accompanied by a constable when doing so, and

(b) may not use force against an individual.

Authorisation by environmental authority

23 (1) To enter premises under paragraph 21 in circumstances other than
45those specified in paragraph 22(1), a person must be authorised in
writing by the environmental authority.