Countryside and Rights of Way Bill - continued        House of Commons
PART III, NATURE CONSERVATION AND WILDLIFE PROTECTION - continued

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Limestone pavement orders
Limestone pavement orders: offence.     65. - (1) In section 34(4) of the 1981 Act (which provides for an offence in connection with land designated by a limestone pavement order), for "the statutory maximum" there is substituted "£20,000".
 
      (2) Subsection (1) does not have effect in relation to any offence committed before the commencement of this section.
 
 
Powers of entry
Powers of entry.     66. - (1) Section 51 of the 1981 Act (powers of entry) is amended as follows.
 
      (2) In subsection (1), for paragraphs (a) to (d) there is substituted-
 
 
    "(a) to determine whether the land should be notified under section 28(1);
 
    (b) to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest;
 
    (c) to determine whether or not to offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land;
 
    (d) to ascertain whether a condition to which a consent referred to in section 28C(3)(a) was subject has been complied with in relation to the land;
 
    (e) to ascertain whether an offence under section 28M is being, or has been, committed on or in relation to the land;
 
    (f) to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;
 
    (g) to prepare a management notice for the land;
 
    (h) to ascertain whether the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;
 
    (i) to determine whether or not to offer to make a payment under section 28K in relation to the land;
 
    (j) to determine any question in relation to the acquisition of the land by agreement or compulsorily;
 
    (k) to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land;
 
    (l) to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land;".
      (3) After subsection (1) there is inserted-
 
 
    "(1A) More than one person may be authorised for the time being under subsection (1) to enter any land."
 
      (4) In subsection (2)-
 
 
    (a) in paragraph (a), for "paragraphs (a) and (b)" there is substituted "paragraphs (a) to (j)";
 
    (b) in paragraph (b), for "paragraph (c)" there is substituted "paragraph (k)"; and
 
    (c) in paragraph (c), for "paragraph (d)" there is substituted "paragraph (l)".
      (5) In subsection (3)(b), for "section 29" there is substituted "section 28M".
 
      (6) After subsection (3) there is inserted-
 
 
    "(3A) A person acting in the exercise of a power conferred by subsection (1) may-
 
 
    (a) use a vehicle or a boat to enter the land;
 
    (b) take a constable with him if he reasonably believes he is likely to be obstructed;
 
    (c) take with him equipment and materials needed for the purpose for which he is exercising the power of entry;
 
    (d) take samples of the land and of anything on it."
 
Enforcement of wildlife legislation
Enforcement of wildlife legislation.     67. - (1) Schedule 11 to this Act (which contains amendments of Part I of the 1981 Act relating to offences and enforcement powers) has effect.
 
      (2) In relation to England and Wales, regulations under section 2(2) of the European Communities Act 1972 ("the 1972 Act") for the purpose of implementing any of the instruments mentioned in subsection (3) may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.
 
      (3) Those instruments are-
 
 
    (a) Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC;
 
    (b) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein; and
 
    (c) Commission Regulation 939/97/EC on the implementation of the Council Regulation mentioned in paragraph (b).
 
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