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

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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—

            "(2) Subject to the provisions of this Part, if any person plants, releases or otherwise causes to grow in the wild any plant which—

            (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 Michael Meacher

512

Schedule     11,     page     77,     line     1,     leave out 'the' and insert 'an'.

   

Mr Michael Meacher

513

Schedule     11,     page     77,     line     8,     leave out from '(3),' to end of line 12 and insert—

      '(a) paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

          (i) a relevant registration or licence held by an occupier of the dwelling, or

          (ii) an application by an occupier of the dwelling for a relevant registration or licence; and

      (b) paragraph (c) does not confer any power to enter a dwelling.'.

   

Mr Michael Meacher

514

Schedule     11,     page     77,     line     45,     at end insert—

    '(1A) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen ("the relevant specimen") may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person's possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.'

   

Mr Michael Meacher

515

Schedule     11,     page     78,     line     1,     leave out from beginning to 'require' in line 3 and insert 'A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2) or 14 is being or has been committed in respect of any specimen ("the relevant specimen"),'.

   

Mr Michael Meacher

516

Schedule     11,     page     78,     line     5,     after 'specimen' insert '(other than the relevant specimen)'.

   

Mr Michael Meacher

517

Schedule     11,     page     78,     line     6,     leave out 'constable or'.

   

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'.

   

Mr Michael Meacher

518

Schedule     11,     page     78,     line     30,     after 'subsection' insert '(1A) or'.


   

Mr Michael Meacher

519

Schedule     12,     page     82,     line     8,     leave out 'Section 3(1)(c).'.


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;

      (c) determine such processes for appeal as the National Assembly for Wales may consider appropriate;

      (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.'.


Areas of special scientific interest: miscellaneous amendments

   

Mr David Heath

NC7

To move the following Clause:—

    ' .—(1) Section 15 of the Countryside Act 1968 (areas of special scientific interest) shall be amended as follows.

    (2) In the title, for "areas of special scientific interest" there is substituted "agreements for the management of flora, fauna etc".

    (3) Subsection (1) is omitted.

    (4) In subsection (2)—

      (i) after "for the purpose of conserving" the word "those" is omitted;

      (ii) after "physiographical features" there is inserted "of special interest species listed in Schedules 1, 5 or 8 to the Wildlife and Countryside Act 1981, and species or habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity,";

      (iii) after the words "owners, lessees and occupiers of any" the word "such" is omitted; and

      (iv) after the words "of any such land" the words "(or of any adjacent land)" are omitted.'.

 
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