Infrastructure Bill (HL Bill 45)

15 Interpretation of Part 1

In this Part—

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

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

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

Part 2 Invasive non-native species

16 Invasive non-native species

(1) 10The Wildlife and Countryside Act 1981 is amended as follows.

(2) In 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 15Species control agreements and orders (England and Wales)

Part 1 Overview and interpretation

Overview

1 (1) For the purposes of the eradication or control of invasive non-native
20species in England and Wales, this Schedule provides for—

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

(b) species control orders made by environmental authorities,

and for related matters.

(2) 25The following definitions apply for the purposes of this Schedule.

Invasive 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) 30biodiversity,

(b) other 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) 35in the case of a species of animal, it is not ordinarily resident
in, 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,
5means—

(a) the Secretary of State,

(b) the Environment Agency,

(c) Natural England, and

(d) the Forestry Commissioners.

(2) 10“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) 15“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) 20“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) 25eradicate 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
30operations 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
35agreement” 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
40environmental 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
5one.

(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) 10A 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
15provision 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
20carried 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
25agreement 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) 30An 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) 35The 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) 40the 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) the environmental authority considers that the making of the
5order 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
desire to enter into a species control agreement, and

(ii) 10waited 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
the objective to be achieved.

(4) 15A species control order may not be made in relation to premises
consisting of a dwelling except by the Secretary of State or the Welsh
Ministers.

What an order must do

10 (1) A species control order under paragraph 9(2)(a) or (b) (failure to
20comply with or enter into agreement) must contain provision—

(a) requiring 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,

25or both.

(2) A species control order under paragraph 9(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) 30stating that the environmental authority proposes to carry
out species control operations,

or both.

(3) A species control order under paragraph 9(2)(d) (no identifiable
owner) must contain provision stating that the environmental
35authority proposes to carry out species control operations.

11 (1) A 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
40be carried out or (as the case may be) the time by which they
are 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 9(2)(c) (emergency), a species
45control order—

(a) may 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 15), and

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

What an order may do

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

(2) That 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
15operations to be carried out by the owner, or

(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
20out 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) 25After making a species control order, an environmental authority
must 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
30Environment Agency, Natural England or the Forestry
Commissioners, 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
35owner), the environmental authority must also give notice of the
order 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.

40Revocation

14 (1) An 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
reasons need not be given).

Appeals

15 (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) 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) 10The First-tier Tribunal may—

(a) affirm the order,

(b) direct 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),
15suspend the order, or

(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
20carry 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) 25The 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
30under 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
35commits 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
40on 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.

Liability

18 (1) 5An 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) by an owner pursuant to a requirement included in a species
10control 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) paragraph 16(2).

15Part 4 Powers of entry

Powers of entry

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

(a) assist an environmental authority to determine whether to
20offer 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
agreement or a species control order,

(d) 25carry 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) carry out species control operations or work pursuant to
30paragraph 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
present unless the environmental authority has reasonable grounds
35for 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) the premises consist of a dwelling or a garden, yard,
40outbuildings 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) 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
5environmental authority under an order under paragraph
9(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) 10entry is to place a notice as specified in paragraph 9(2)(d)(i)
or 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) 15A 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) 20in the circumstances in paragraph (1)(g) unless satisfied that
the requirement in paragraph 13(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
25necessary, 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

21 (1) To enter premises under paragraph 19 in circumstances other than
30those specified in paragraph 20(1), a person must be authorised in
writing by the environmental authority.

(2) A 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
35authority is aware.

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

Exercise of right of entry

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

(2) 40A person authorised under paragraph 20 or 21 to enter premises
must, if so required before entering, produce evidence of his or her
warrant 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
45necessary;

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

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

(4) A person who enters premises under paragraph 19 which are
5unoccupied or from which the owner is temporarily absent must, on
departure, leave them as effectively secured as they were on entry.

Part 5 Supplementary

Compensation

23 (1) 10The Secretary of State and the Welsh Ministers may make
arrangements for the payment of compensation to an owner of
premises in respect of financial loss resulting from—

(a) a species control agreement or order, or

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

(2) 15The arrangements may secure that compensation is payable only for
financial loss above a specified amount.

Codes of practice

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

(2) 20A 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) how to go about entering into a species control agreement;

(c) what a species control agreement should contain (and in
25particular what it should contain by way of provision about
payment 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
30and 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
the Secretary of State must consult the other environmental
authorities in England.

(5) 35The 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
likely to be affected by it, and

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

25 (1) 40The 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
environmental 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) 5what 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) what a species control order should contain (and in particular
10what 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
the Welsh Ministers must consult the Natural Resources Body for
15Wales.

(5) The Welsh Ministers 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
likely to be affected by it, and

(b) 20lay a copy of a code under this paragraph before the National
Assembly 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) 25A code under paragraph 24 or 25—

(a) is 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) 30This section does not apply in relation to offences under Schedule 9A.”

(5) In 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) 35In this section references to orders do not include species control orders
under Schedule 9A.”

Part 3 Planning, land and buildings

Nationally significant infrastructure projects

17 40Timing of appointment of examining authority

In section 61 of the Planning Act 2008 (decision as to whether application for