Countryside and Rights of Way Bill.

Countryside and Rights of Way Bill. - continued	House of Commons

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PART III

NATURE CONSERVATION AND WILDLIFE PROTECTION

Sites of special scientific interest

Sites of special scientific interest.

60. - (1) Schedule 8 (which makes amendments of the 1981 Act to change the law relating to sites of special scientific interest, including provision as to offences) has effect.

(2) In section 15(2) of the Countryside Act 1968 (which provides for agreements between the Nature Conservancy Council and those with interests in land which is included in an area of special scientific interest, or is adjacent to such land), for "adjacent" there is substituted "other".

Consequential amendments relating to s. 60.

61. Schedule 9 (which makes amendments of the 1981 Act consequential upon the substitution or repeal as respects England and Wales of certain sections in that Act, and also makes other consequential amendments) has effect.

Ramsar sites

Ramsar sites.

62. After section 37 of the 1981 Act there is inserted-

"Ramsar sites.	37A. - (1) Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall-
	(a) notify the Nature Conservancy Council for England if all or part of the wetland is in England;
	(b) notify the Countryside Council for Wales if it is in Wales; or
	(c) notify both of them if it is partly in England and partly in Wales.
	(2) Subject to subsection (3), the "Ramsar Convention" is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by-
	(a) the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and
	(b) the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.
	(3) If the Ramsar Convention is further amended after the passing of this Act, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision)."

Limestone pavement orders

Limestone pavement orders: offence.

63. - (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.

64. - (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

(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.

65. - (1) Schedule 10 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

Prepared 24 May 2000