Infrastructure Bill (HL Bill 2)

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Part 2 Invasive non-native species

16 Invasive non-native 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) For the purposes of the eradication or control of invasive non-native
species in England and Wales, this Schedule provides for—

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

(b) species control orders made by environmental authorities,

and for related matters.

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

20Invasive non-native species

2 (1) “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) 25other environmental interests, or

(c) social 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 not ordinarily resident
30in, or a regular visitor to, Great Britain in a wild state.

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

Environmental authorities

3 (1) “Environmental authority”, in relation to premises in England,
35means—

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(a) the Secretary of State,

(b) the Environment Agency,

(c) Natural England, and

(d) the Forestry Commissioners.

(2) 5“Environmental authority”, in relation to premises in Wales,
means—

(a) the Welsh Ministers, and

(b) the Natural Resources Body for Wales.

Owners and dwellings

4 (1) 10“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,
whether in possession or reversion, or

(b) a person in possession under a lease.

(2) 15“Dwelling” means a building or structure, or part of a building or
structure, occupied wholly or mainly as a dwelling.

Operations

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

(a) 20eradicate an invasive non-native species from premises;

(b) control an invasive non-native species on premises;

(c) prevent an invasive non-native species from returning to
premises.

(2) References to “carrying out” operations include arranging for
25operations to be carried out.

Part 2 Species control agreements
Making of species control agreements

6 (1) An environmental authority may enter into a “species control
30agreement” with an owner of any premises where the authority
considers an invasive non-native species to be present.

(2) Under 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
35environmental authority must be satisfied that—

(a) the provisions of the agreement are proportionate to the
objective 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
40one.

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(4) 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.

Content of species control agreements

7 (1) 5A 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) A species control agreement may contain such supplementary
10provision 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
15carried out, or

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

Liability

8 An environmental authority is not liable to a person with an interest
in the premises, other than the owner with whom a species control
20agreement is entered into, for anything done by the authority
pursuant to the agreement.

Part 3 Species control orders
When a species control order may be made

9 (1) 25An environmental authority may make a species control order in
relation to premises if—

(a) it considers that an invasive non-native species is present on
the premises, and

(b) any of the following circumstances apply.

(2) 30The circumstances are—

(a) an owner has failed to comply with a species control
agreement entered into with the environmental authority;

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

(i) 35the owner has refused to enter into any kind of
species control agreement, or

(ii) no 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;

(c) 40the environmental authority considers that the making of the
order is urgently necessary;

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

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

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

(3) 5Before making a species control order, an environmental authority
must be satisfied that the provisions of the order are proportionate to
the objective to be achieved.

(4) A species control order may not be made in relation to premises
consisting of a dwelling except by the Secretary of State or the Welsh
10Ministers.

What an order must do

10 (1) A species control order under paragraph 9(2)(a) or (b) (failure to
comply with or enter into agreement) must contain provision—

(a) requiring the owner specified in that paragraph to carry out
15species control operations, or

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

or both.

(2) A species control order under paragraph 9(2)(c) (emergency) must
20contain 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
out species control operations,

25or both.

(3) A species control order under paragraph 9(2)(d) (no identifiable
owner) must contain provision stating that the environmental
authority proposes to carry out species control operations.

11 A species control order must—

(a) 30specify 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
are proposed to be carried out by the authority, and

(d) 35if appropriate, include a map of the premises to which the
order relates.

What an order may do

12 (1) A species control order may contain provision supplementary to that
specified in paragraphs 10 and 11.

(2) 40That 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

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(ii) another 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
5out by the environmental authority;

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

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

Notice

13 (1) 10After making a species control order, an environmental authority
must forthwith give notice of it to—

(a) any owner of premises on whom it imposes requirements,

(b) the Secretary of State, if the environmental authority is the
Environment Agency, Natural England or the Forestry
15Commissioners, 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 9(2)(d) (no identifiable
owner), the environmental authority must also give notice of the
20order 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

14 (1) 25An 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 13 (but
30reasons need not be given).

Appeals

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

(a) the making of the order, or

(b) 35any provision of the order.

(2) An appeal must be made before the end of the period of 28 days
beginning with the day on which notice of the order is given.

(3) The First-tier Tribunal may—

(a) affirm the order,

(b) 40direct the environmental authority which made the order to
revoke or amend it,

(c) in the case of an order under paragraph 9(2)(c) (emergency),
suspend the order, or

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

Enforcement

16 (1) This paragraph applies where an environmental authority considers
that an owner of premises required by a species control order to
5carry out a species control operation has not done so by the date or
in the way specified in the order.

(2) The 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.

(3) 10The authority may recover from the owner any expenses reasonably
incurred by it in doing so (less any payment which the authority
would apart from this paragraph have been required to make to the
owner in respect of the carrying out of the operations by the owner).

(4) The authority is not required to make any payment provided for
15under paragraph 12(2)(b) in relation to the operation (and may
recover any payment made under that paragraph).

Offences

17 (1) A person who, without reasonable excuse, fails to comply with a
requirement imposed on that person by a species control order
20commits an offence.

(2) A 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
25on summary conviction to imprisonment for a term not exceeding 51
weeks, 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.

30Liability

18 (1) An owner of premises is not liable to any other person for doing
anything 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) 35by an owner pursuant to a requirement included in a species
control order, or

(b) by the authority pursuant to—

(i) provision included in a species control order under
paragraph 10(1)(b), (2)(b) or (3), or

(ii) 40paragraph 16(2).

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Part 4 Powers of entry
Powers of entry

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

(a) 5assist an environmental authority to determine whether to
offer to enter into a species agreement with a person,

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

(c) investigate suspected non-compliance with a species control
10agreement or a species control order,

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

(e) place a notice as specified in paragraph 9(2)(d)(i) or 13(2) (no
identifiable owner), or

(f) 15carry out species control operations or work pursuant to
paragraph 16(2).

This is subject to the other provisions of this Schedule.

(2) A person may not enter premises under sub-paragraph (1)(a) or (b)
with a view to establishing whether an invasive non-native species is
20present unless the environmental authority has reasonable grounds
for suspecting that it is.

Authorisation by justice of the peace

20 (1) To enter premises under paragraph 19 a person must be authorised
by a warrant issued by a justice of the peace where—

(a) 25the 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
refusal is reasonably apprehended,

(c) 30the 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
environmental authority under an order under paragraph
359(2)(c) (emergency),

(g) entry is to carry out species control operations for an
environmental authority under an order under paragraph
9(2)(d) (no identifiable owner),

(h) entry is to place a notice as specified in paragraph 9(2)(d)(i)
40or 13(2), or

(i) entry is to carry out operations or work pursuant to
paragraph 16(2) which the environmental authority
considers to be urgently necessary.

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

(a) 45in the circumstances in sub-paragraph (1)(a) to (d) unless
satisfied that reasonable notice of the proposed entry has

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been given to all owners of the premises of whom the
environmental authority is aware, or

(b) in the circumstances in paragraph (1)(g) unless satisfied that
the requirement in paragraph 13(2) (notice) has been met.

(3) 5For 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
necessary, but a person so authorised—

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

(b) 10may not use force against an individual.

Authorisation by environmental authority

21 (1) To enter premises under paragraph 19 in circumstances other than
those specified in paragraph 20(1), a person must be authorised in
writing by the environmental authority.

(2) 15A person authorised by an environmental authority may not
demand admission as of right to any premises unless reasonable
notice has been given to all owners of the premises of whom the
authority is aware.

(3) For these purposes less than 48 hours’ notice is not reasonable.

20Exercise of right of entry

22 (1) A right of entry under paragraph 19 is exercisable at any reasonable
time.

(2) A person authorised under paragraph 20 or 21 to enter premises
must, if so required before entering, produce evidence of his or her
25warrant or other authorisation and state the purpose of entry.

(3) A person entering premises under paragraph 19 may—

(a) take on to the premises such other persons as may be
necessary;

(b) take any equipment, machinery or materials on to the
30premises;

(c) take samples of anything in or on the premises.

(4) A person who enters premises under paragraph 19 which are
unoccupied or from which the owner is temporarily absent must, on
departure, leave them as effectively secured as they were on entry.

35Part 5 Supplementary
Compensation

23 (1) The Secretary of State and the Welsh Ministers may make
arrangements for the payment of compensation to an owner of
40premises in respect of financial loss resulting from—

(a) a species control agreement or order, or

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(b) the exercise of the powers of entry under this Schedule.

(2) The arrangements may secure that compensation is payable only for
financial loss above a specified amount.

Codes of practice

24 (1) 5The Secretary of State must issue a code of practice in relation to
species control agreements and orders in England.

(2) A code under this paragraph must in particular provide guidance to
environmental authorities in England on—

(a) when to offer to enter into a species control agreement;

(b) 10how to go about entering into a species control agreement;

(c) what a species control agreement should contain (and in
particular what it should contain by way of provision about
payment of costs);

(d) when to make a species control order;

(e) 15what a species control order should contain (and in particular
what it should contain by way of provision about payment
and recovery of costs).

(3) A code under this paragraph may be revised or replaced.

(4) Before issuing (or revising or replacing) a code under this paragraph
20the Secretary of State must consult the other environmental
authorities in England.

(5) The Secretary of State must—

(a) ensure that a code under this paragraph is published in a way
that is appropriate for bringing it to the attention of persons
25likely to be affected by it, and

(b) lay a copy of a code under this paragraph before Parliament.

25 (1) The Welsh Ministers must issue a code of practice in relation to
species control agreements and orders in Wales.

(2) A code under this paragraph must in particular provide guidance to
30environmental authorities in Wales on—

(a) when to offer to enter into a species control agreement;

(b) how to go about entering into a species control agreement;

(c) what a species control agreement should contain (and in
particular what it should contain by way of provision about
35payment of costs);

(d) when to make a species control order;

(e) what a species control order should contain (and in particular
what it should contain by way of provision about payment
and recovery of costs).

(3) 40A code under this paragraph may be revised or replaced.

(4) Before issuing (or revising or replacing) a code under this paragraph
the Welsh Ministers must consult the Natural Resources Body for
Wales.

(5) The Welsh Ministers must—

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(a) ensure that a code under this paragraph is published in a way
that is appropriate for bringing it to the attention of persons
likely to be affected by it, and

(b) lay a copy of a code under this paragraph before the National
5Assembly for Wales.

26 (1) A person’s failure to comply with a provision of a code under
paragraph 24 or 25 does not make the person liable to civil or
criminal proceedings.

(2) A code under paragraph 24 or 25—

(a) 10is admissible in evidence in any civil proceedings, and

(b) must be taken into account by a court in any civil proceedings
in which it appears to the court to be relevant.

(4) In section 19 (enforcement), at the end insert—

(9) This section does not apply in relation to offences under Schedule 9A.

(5) 15In section 25 (functions of local authorities), at the end insert—

(3) Nothing in this section applies in relation to Schedule 9A or orders or
offences under it.

(6) In section 26 (regulations, orders, notices etc), at the end insert—

(7) In this section references to orders do not include species control orders
20under Schedule 9A.

Part 3 Planning and land

Nationally significant infrastructure projects

17 Timing of appointment of examining authority

25In section 61 of the Planning Act 2008 (decision as to whether application for
order granting development consent should be handled by Panel or single
appointed person) for subsection (1) substitute—

(1) Subsection (2) applies where the Secretary of State has accepted an
application for an order granting development consent.

18 30Two-person Panels

(1) In section 65 of the Planning Act 2008 (appointment of Panel to examine
application for order granting development consent) in subsection (1)(a) (Panel
to consist of three, four or five persons) before “three” insert “two,”.

(2) In section 68(3) of that Act (duty of Secretary of State to appoint additional
35members if Panel comes to have two members or a single member)—

(a) omit “two members or”, and

(b) for “three” substitute “two”.

(3) In section 73(1)(b) of that Act (Panel’s continuing identity not affected by its
coming to have two members or a single member) omit “two members or”.