Infrastructure Bill [HL]

Amendments
to be moved
ON REPORT

Clause 16

BARONESS KRAMER

 

Page 10, line 20, leave out from beginning to “this” in line 21

 

Page 10, line 25, at end insert—

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

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

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

This is subject to the other provisions of this Schedule.”

 

Page 10, line 36, leave out from “is” to end of line 37 and insert “a species—

(i) whose natural range does not include any part of Great Britain, and(ii) which has been introduced into Great Britain or is present in Great Britain because of other human activity.”
 

Page 11, line 2, at end insert—

“Species that are no longer normally present in Great Britain

2A     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)   it 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.”

 

Page 11, line 25, leave out “an invasive non-native” and insert “a”

 

Page 11, line 26, leave out “an invasive non-native” and insert “a”

 

Page 11, line 27, leave out “an invasive non-native” and insert “a”

 

Page 11, line 36, leave out “an invasive non-native species to be present” and insert
“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.”

 

Page 12, line 5, at end insert—

  ( )     Before entering into a species control agreement 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
and 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)   other environmental interests, or


(iii)   social or economic interests, and

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

 

Page 12, line 32, leave out from “that” to end of line 33 and insert “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”

 

Page 12, line 36, at beginning insert “the environmental authority considers that”

 

Page 12, line 37, at end insert “and, having been given notice to that effect and a
reasonable opportunity to rectify the failure, has not done so”

 

Page 13, line 3, at end insert “and the authority considers it unlikely that the owner
will enter any kind of such agreement”

 

Page 13, line 14, at end insert—

  ( )     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
and 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)   other environmental interests, or


(iii)   social or economic interests, and

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

 

Page 14, line 7, after “is” insert “withdrawn or”

 

Page 15, leave out lines 8 and 9

 

Page 15, line 16, at end insert—

“Notice of compliance

15AA       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.”

 

Page 15, line 21, at end insert—

(1A)    The authority must give the owner notice to that effect.

“(1B)    Sub-paragraphs (2) to (4) apply if, after a week after giving notice under
sub-paragraph (1A), the authority considers that the owner has still not
carried out the species control operation in the way specified in the
order.”

 

Page 16, line 3, at end insert—

  (5)     In relation to an offence committed before section 85 of the Legal Aid,
Sentencing 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.”

 

Page 16, line 33, leave out “an invasive non-native” and insert “a”

 

Page 18, line 10, after “may” insert “(separately or jointly)”

 

Page 18, line 30, at end insert—

( ) standards of animal welfare to be met in connection with species control agreements and orders.”
 

Page 18, line 33, leave out “consult the other environmental authorities in England”
and insert “carry out a public consultation”

 

Page 19, line 11, at end insert—

( ) standards of animal welfare to be met in connection with species control agreements and orders.”
 

Page 19, line 14, leave out “consult the Natural Resources Body for Wales” and
insert “carry out a public consultation”

After Clause 16

BARONESS KRAMER

 

Insert the following new Clause—

“Native and non-native species etc

(1)     Schedule 9 to the Wildlife and Countryside Act 1981 (animals and plants to
which section 14 of that Act applies) is amended as follows.

(2)     In the heading to Part 1, at the beginning insert “NON-NATIVE”.

(3)     In Part 1, omit the entries relating to the wild boar, capercaillie, chough, red
kite, and barn owl.

(4)     After Part 1 insert—

“PART IA

NATIVE ANIMALS

 
Common name

Scientific name
 
Capercaillie

Tetrao urogallus
 
Chough

Pyrrhocorax pyrrhocorax
 
Corncrake

Crex crex
 
Crane, Common

Grus grus
 
Eagle, White-tailed

Haliaetus albicilla
 
Goshawk

Accipiter gentilis
 
Kite, Red

Milvus milvus
 
Owl, Barn

Tyto alba”.

(5)     After Part 1A (as inserted by subsection (4) above) insert—

“PART IB

ANIMALS NO LONGER NORMALLY PRESENT

 
Common name

Scientific name
 
Boar, Wild

Sus Scrofa.””
 

Insert the following new Clause—

“Species control agreements and orders: supplementary

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

(2)     In section 14 (introduction of new species etc), in subsection (1)(b), after
“Part I” insert “, IA or IB”.

(3)     In the heading to section 14ZA (sale etc of invasive non-native species), for
“invasive non-native species” substitute “certain animals and plants
included in Schedule 9”.

(4)     In the heading to section 14ZB (codes of practice in connection with
invasive non-native species), for “invasive non-native species” substitute
“species which are non-native or included in Schedule 9”.

(5)     In section 22 (power to vary Schedules), in subsection (5)(a), after “Part I”
insert “, IA or IB”.”

Prepared 25th October 2014