Vote Bundle Text (900502-05)

Amendments proposed to the Countryside and Rights of Way Bill - continued	House of Commons

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Mr David Heath

486

Schedule 9, page 68, line 12, at end insert—

'( ) enhancing them; or'.

Mr David Heath

487

Schedule 9, page 68, line 13, leave out 'both' and insert 'all of these'.

Mr David Heath

488

Schedule 9, page 69, line 25, after 'conserved', insert ', enhanced'.

Mr David Heath

489

Schedule 9, page 72, line 3, after 'interest', insert 'or land which in the opinion of the Council would be desirable for the purpose of securing the special interest of a site of special scientific interest, conserving species listed in Schedules 1, 5 or 8 to the Wildlife and Countryside Act 1981, or conserving species and habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity'.

Mr David Heath

490

Schedule 9, page 73, line 3, leave out 'or damages' and insert ', damages or disturbs'.

Mr David Heath

491

Schedule 9, page 73, line 5, after 'interest', insert 'or the habitats or species upon which the notified interest depends'.

Mr David Lepper
Mr Gordon Prentice

467

Schedule 9, page 73, line 5, leave out from 'interest' to end of line 7.

Mr David Lepper
Mr Gordon Prentice

465

Schedule 9, page 73, line 23, leave out paragraph 2 and insert—

'2.—(1) Section 29 of the 1981 Act (special protection for certain areas of special scientific interest) shall be amended as follows.

(2) In the title, the words "of special scientific interest" are omitted.

(3) In subsection (1)(a) for the words "securing the survival in Great Britain of any kind of animal or plant or of complying with an international obligation" there is substituted "conserving species listed in Schedules 1, 5 or 8 of the Wildlife and Countryside Act 1981, and species and habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity".

(4) In subsection (1)(b), after "features", there is inserted "notified as being of special interest".

(5) In subsection (3), the words "Subject to subsection (4)," are omitted.

(6) Subsections (2), (4), (5), (6), (7) and (10) are omitted.

(7) After subsection (11) there is inserted—

Mr David Lepper
Mr Gordon Prentice

466

Schedule 9, page 73, line 34, after '28M(5)', insert 'or 29'.

Ms Candy Atherton

472

Schedule 11, page 76, line 18, leave out '1(5) and 9(4)'.

Ms Candy Atherton

473

Schedule 11, page 76, line 19, leave out from 'intentional' to 'after' and insert 'killing, taking and disturbance etc. of wild birds and other animals and uprooting or destruction of wild plants etc.)'.

Mr Damian Green
Mr James Paice
Mr Geoffrey Clifton-Brown

361

Schedule 11, page 76, line 22, at end insert—

'.For section 14(2) of that Act (introduction of new species) there is substituted—

(i) is of a kind which is not normally resident in England and Wales in a wild state; or

(ii) is included in Part II of Schedule 9

he shall be guilty of an offence.

(2A) A person shall not be guilty of an offence under subsection (2) if he shows that his action was not undertaken recklessly or the action was for the purpose of agriculture, horticulture, forestry or for other specified purposes (for example medicine, veterinary medicine, brewing and food processing).

(2B) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any living wild plant included in Part II of Schedule 9, or any part of such a wild plant; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells or intends to sell, any of those things

he shall be guilty of an offence.".'.

Mrs Helen Brinton

426

Schedule 11, page 76, line 22, at end insert—

'. In section 9(4) of that Act, after paragraph (b) there is inserted—

"(c) intentionally or recklessly disturbs any marine mammal included in Schedule 5 in any place other than a structure or place used for shelter or protection.".'

Mrs Helen Brinton

427

Schedule 11, page 76, line 22, at end insert—

'. In section 13(1) of that Act, after paragraph (b) there is inserted—

"(c) damages or destroys any place in which any wild plant included in Schedule 8 is growing".'.

Mr David Heath

492

Schedule 11, page 78, line 26, after 'obstructs', insert 'a constable acting in the exercise of the power conferred by subsection (1), or'.

NEW CLAUSES

Access in Wales

Mr David Heath
Mr Elfyn Llwyd

NC1

To move the following Clause:—

'.—All matters relating to public access to land in Wales shall be determined by the National Assembly for Wales, which for this purpose may—

(a) define those areas of land in Wales to which the public shall have an entitlement to access;

(b) direct the Countryside Council for Wales to prepare, in respect of Wales, such maps as may be required to identify land relevant to Part I;

(d) consider such regulation for access to land in Wales as may be required; and

(e) assume any powers and authority in respect of Wales such as may be conferred by virtue of Part I on the Secretary of State in respect of land in England.'.

Local access fora

Mr David Heath

NC2

To move the following Clause:—

'.—It shall be the duty of an access authority to establish for each local area a local access forum, comprising representatives of landowners and agricultural, environmental, recreational and such other interests as may seem to the access authority to be relevant to access land in that area, for the purpose of consultation on any matter relating to access.'.

Compensation for damage to walls, etc.

Miss Anne McIntosh

NC3

To move the following Clause:—

'.—Any person who, on entering or remaining on access land for the purposes of open-air recreation, causes damage to a wall, fence, hedge, stile or gate, shall make good that damage and compensate the landowner for any damage so caused.'.

Areas of outstanding natural beauty

Mr Gordon Prentice
Mr David Lepper
Mr Huw Edwards
Mrs Helen Brinton
Mr David Kidney
Chris McCafferty

NC4

To move the following Clause:—

'.—Schedule (Areas of Outstanding Natural Beauty) (Areas of outstanding natural beauty) (which makes amendments to the National Parks and Access to the Countryside Act 1949 and the Town and Country Planning Act 1990) has effect.'.

Power to extend to riverside and woodland

Mr David Lepper
Mr Gordon Prentice

NC5

To move the following Clause:—

'.—(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order amend the definition of "open country" in section 1(2) to include a reference to riverside and woodland of any description.

(2) An order under this section may—

(a) make consequential amendments of other provisions of this Part, and

(b) modify the provisions of this Part in their application to land which is open country merely because it is woodland or riverside (as the case may be).

(3) In this section "woodland" means any land wholly or predominantly covered by trees or used for the growing or cultivation of trees.

(4) In this section—

"river" includes a stream and the tidal part of a river or stream; and

"riverside" means a strip along the adjacent or adjoining land on both sides of any river, which shall be wide enough to allow passage on foot adjacent or adjoining to the water and shall include the banks, walls or embankments along the water.'.

Maps in conclusive form to be receivable in evidence

Mr Gordon Prentice

NC6

To move the following Clause:—

'.—(1) A map in conclusive form shall be conclusive for the purposes of determining that the land so shown is access land as defined in this Act and for the purposes of determining the said boundary at the relevant date.

(2) A document purporting to be certified on behalf of the appropriate countryside body to be a copy of or any part of a conclusive map shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.'.