Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Part 2 — Nature conservation in the UK
12

(b)
providing advice to any persons and disseminating knowledge about
any matter falling within paragraph (a)(i), (ii) or (iii);
(c)
establishing common standards throughout the United Kingdom for
the monitoring of nature conservation and for research into nature
conservation and the analysis of the resulting information;
5
(d)
commissioning or supporting (whether by financial means or
otherwise) research which the joint committee thinks is relevant to any
matter mentioned in paragraphs (a) to (c).
(3)
“The appropriate authorities” means—
(a)
the Secretary of State (or any other Minister of the Crown),
10
(b)
the National Assembly for Wales,
(c)
the Scottish Ministers, and
(d)
the relevant Northern Ireland department.
35
Advice from joint committee to UK conservation body
(1)
The joint committee may give advice or information to any of the UK
15
conservation bodies on any matter which—
(a)
is connected with the functions of that UK conservation body, and
(b)
in the opinion of the joint committee—
(i)
arises throughout the United Kingdom and raises issues
common to England, Wales, Scotland and Northern Ireland,
20
(ii)
arises in one or more (but not all) of those places and affects the
interests of the United Kingdom as a whole, or
(iii)
arises outside the United Kingdom.
(2)
In discharging their functions relating to nature conservation, the UK
conservation bodies must have regard to any advice given to them under
25
subsection (1).
36
GB functions with respect to wildlife
(1)
The GB conservation bodies have the functions described in subsection (2), but
those functions may be discharged only through the joint committee.
(2)
The functions are—
30
(a)
those under section 22(3) and 24(1) of the 1981 Act (listing of protected
animals and plants);
(b)
commissioning or supporting (whether by financial means or
otherwise) research which the joint committee thinks is relevant to
those functions.
35
(3)
“The 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69).
37
UK conservation bodies: incidental powers for UK purposes, etc.
(1)
Each of the UK conservation bodies may do anything that appears to it to be
conducive or incidental to its functions under this Part.
(2)
In particular each of them may for the purposes of its functions under this
40
Part—
(a)
acquire or dispose of property;
(b)
accept gifts;

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
13

(c)
undertake research directly related to those functions if it appears
appropriate to do so.
(3)
Nothing in any of the enactments concerning the functions of the UK
conservation bodies prevents any of them—
(a)
if requested to do so by any of the others, from giving advice or
5
information to the other, or
(b)
from giving advice or information to the joint committee.
(4)
“Enactment” includes an Act of the Scottish Parliament and Northern Ireland
legislation.
Directions
10
38
Directions
(1)
The Secretary of State may give the joint committee general or specific
directions as to the discharge of any function under section 34 or 35 (but not as
to the discharge of a function under section 36).
(2)
The Secretary of State must publish any directions given under this section.
15
(3)
The power to give directions under this section includes power to vary or
revoke the directions.
(4)
The joint committee must comply with any directions given under this section.
Interpretation
39
Interpretation
20
In this Part—
“the joint committee” means the Joint Nature Conservation Committee;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26);
“nature conservation” means the conservation of flora, fauna or
25
geological or physiographical features;
“the relevant Northern Ireland department” means the Department of the
Environment in Northern Ireland;
“research” includes inquiries and investigations.
Part 3
30
Wildlife etc.
Biodiversity
40
Duty to conserve biodiversity
(1)
Every public authority must, in exercising its functions, have regard, so far as
is consistent with the proper exercise of those functions, to the purpose of
35
conserving biodiversity.

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
14

(2)
In complying with subsection (1), a Minister of the Crown, government
department or the National Assembly for Wales must in particular have regard
to the United Nations Environmental Programme Convention on Biological
Diversity of 1992.
(3)
Conserving biodiversity includes, in relation to a living organism or type of
5
habitat, restoring or enhancing a population or habitat.
(4)
“Public authority” means any of the following—
(a)
a Minister of the Crown;
(b)
the National Assembly for Wales;
(c)
a public body (including a government department, a local authority
10
and a local planning authority);
(d)
a person holding an office—
(i)
under the Crown,
(ii)
created or continued in existence by a public general Act, or
(iii)
the remuneration in respect of which is paid out of money
15
provided by Parliament;
(e)
a statutory undertaker.
(5)
In this section—
“local authority” means a county council, a district council, a parish
council, a London borough council, the Common Council of the City of
20
London or the Council of the Isles of Scilly;
“local planning authority” has the same meaning as in the Town and
Country Planning Act 1990 (c. 8);
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26);
25
“statutory undertaker” means a person who is or is deemed to be a
statutory undertaker for the purposes of any provision of Part 11 of the
Town and Country Planning Act 1990.
41
Biodiversity lists and action (England)
(1)
The Secretary of State must, as respects England, publish a list of the living
30
organisms and types of habitat which in the Secretary of State’s opinion are of
principal importance for the purpose of conserving biodiversity.
(2)
Before publishing any list the Secretary of State must consult Natural England
as to the living organisms or types of habitat to be included in the list.
(3)
Without prejudice to section 40(1) and (2), the Secretary of State must—
35
(a)
take such steps as appear to the Secretary of State to be reasonably
practicable to further the conservation of the living organisms and
types of habitat included in any list published under this section, or
(b)
promote the taking by others of such steps.
(4)
The Secretary of State must, in consultation with Natural England—
40
(a)
keep under review any list published under this section,
(b)
make such revisions of any such list as appear to the Secretary of State
appropriate, and
(c)
publish any list so revised.

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
15

42
Biodiversity lists and action (Wales)
(1)
The National Assembly for Wales must, as respects Wales, publish a list of the
living organisms and types of habitat which in the Assembly’s opinion are of
principal importance for the purpose of conserving biodiversity.
(2)
Before publishing any list the Assembly must consult the Countryside Council
5
for Wales as to the living organisms or types of habitat to be included in the list.
(3)
Without prejudice to section 40(1) and (2), the Assembly must—
(a)
take such steps as appear to the Assembly to be reasonably practicable
to further the conservation of the living organisms and types of habitat
included in any list published under this section, or
10
(b)
promote the taking by others of such steps.
(4)
The Assembly must, in consultation with the Countryside Council for Wales—
(a)
keep under review any list published under this section,
(b)
make such revisions of any such list as appear to the Assembly
appropriate, and
15
(c)
publish any list so revised.
Pesticides harmful to wildlife
43
Possession of pesticides harmful to wildlife
(1)
A person is guilty of an offence if he has in his possession a pesticide containing
an ingredient that is prescribed for the purposes of this section by an order
20
made by the Secretary of State.
(2)
The Secretary of State may not make an order under subsection (1) unless he is
satisfied that it is necessary or expedient to do so in the interests of protecting
wild birds or wild animals from harm.
(3)
It is a defence for a person charged with an offence under this section to prove
25
that his possession of the pesticide was for the purposes of doing anything in
accordance with—
(a)
provision made by or under the Poisons Act 1972 (c. 66);
(b)
regulations made under section 16(2) of the Food and Environment
Protection Act 1985 (c. 48);
30
(c)
the Biocidal Products Regulations 2001 (S.I. 2001/880) or any
regulations replacing those regulations;
(d)
the Plant Protection Products Regulations 2003 (S.I. 2003/3241) or any
regulations replacing those regulations.
(4)
A person guilty of an offence under this section is liable on summary
35
conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not
exceeding level 5 on the standard scale (or both).
(5)
The court by which a person is convicted of an offence under this section may
order the forfeiture of the pesticide in respect of which the offence was
committed.
40
(6)
The power to make an order under subsection (1) is exercisable by statutory
instrument.

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
16

(7)
A statutory instrument containing an order under subsection (1) is subject to
annulment in pursuance of a resolution of either House of Parliament.
(8)
The Secretary of State must take such steps as are reasonably practicable to
bring information about the effect of an order under subsection (1) to the
attention of persons likely to be affected by the order.
5
(9)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4) to 51
weeks is to be read as a reference to 6 months.
44
Enforcement powers in connection with pesticides
(1)
An inspector may—
10
(a)
enter any premises for the purpose of ascertaining whether an offence
is being committed under section 43,
(b)
require any person whom he reasonably believes has information
about the formulation, effects or use of any substance found on the
premises to give him that information, and
15
(c)
seize any substance found on the premises, if he has reasonable
grounds for believing that it is evidence of an offence under section 43.
(2)
“Inspector” means—
(a)
a person authorised in writing by the Secretary of State to exercise the
powers under this section in relation to England;
20
(b)
a person authorised in writing by the National Assembly for Wales to
exercise the powers under this section in relation to Wales.
(3)
An authorisation under subsection (2) is subject to any conditions or
limitations specified in it.
(4)
Schedule 2 to the Food and Environment Protection Act 1985 (c. 48) (officers
25
and their powers) has effect with respect to inspectors as it has effect with
respect to persons authorised to enforce Part 3 of that Act.
45
Interpretation
(1)
This section has effect for the interpretation of sections 43 and 44.
(2)
“Pesticide” means—
30
(a)
a pesticide as defined by section 16(15) of the Food and Environment
Protection Act 1985;
(b)
anything to which Part 3 of the 1985 Act applies (by virtue of section
16(16) of the Act) as if it were a pesticide.
(3)
“Wild bird” and “wild animal” have the same meaning as in Part 1 of the
35
Wildlife and Countryside Act 1981 (c. 69).
(4)
“Premises” includes land (including buildings), movable structures, vehicles,
vessels, aircraft and other means of transport.
Protection of birds
46
Protection for nests of certain birds which re-use their nests
40
(1)
Amend the Wildlife and Countryside Act 1981 as follows.

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
17

(2)
In section 1 (protection of wild birds, their nests and eggs), in subsection (1),
after paragraph (a) insert—
“(aa)
takes, damages or destroys the nest of a wild bird included in
Schedule ZAI;”.
(3)
At the beginning of the Schedules insert—
5
“Schedule ZA1
Birds which re-use their nests

Common name
Scientific name

Eagle, Golden
Aquila chrysaetos

Eagle, White-tailed
Haliaetus albicilla

10

Osprey
Pandion haliaetus


NOTE: The common name or names given in the first column of this
Schedule are included by way of guidance only; in the event of any
dispute or proceedings, the common name or names shall not be
taken into account.”
15
(4)
In—
(a)
section 4 (exceptions to sections 1 and 3), in subsection (1)(c), and
(b)
section 7 (registration etc. of certain captive birds), in subsection
(3A)(a)(i) and (c)(i),

after “Schedule” insert “ZA1 or”.
20
(5)
In section 22 (power to vary Schedules), in subsection (1), for “Schedules 1 to
4” substitute “Schedules ZA1 to 4”.
47
Birds released into the wild as part of re-population programme
(1)
In section 1 of the 1981 Act (protection of wild birds, their nests and eggs), for
subsection (6) substitute—
25
“(6)
For the purposes of this section the definition of “wild bird” in section
27(1) is to be read as not including any bird which is shown to have
been bred in captivity unless it has been lawfully released into the wild
as part of a re-population or re-introduction programme.
(6A)
“Re-population” and “re-introduction” have the same meaning as in the
30
Directive of the Council of the European Communities dated 2nd April
1979 (No 1979/409/EEC) on the conservation of wild birds.”
(2)
In section 6 of the 1981 Act (sale etc. of live or dead wild birds, eggs etc.), for
subsection (5) substitute—
“(5)
Any reference in this section to any bird included in Part 1 of Schedule
35
3 is a reference to any bird included in that Part which—
(a)
was bred in captivity,
(b)
has been ringed or marked in accordance with regulations
made by the Secretary of State, and

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
18

(c)
has not been lawfully released into the wild as part of a re-
population or re-introduction programme.
(5A)
“Re-population” and “re-introduction” have the same meaning as in the
Directive of the Council of the European Communities dated 2nd April
1979 (No 1979/409/EEC) on the conservation of wild birds.
5
(5B)
Regulations made for the purposes of subsection (5)(b) may make
different provision for different birds or different provisions of this
section.”
48
Registration etc. of certain captive birds
In section 7 of the 1981 Act (registration etc. of certain captive birds), in
10
subsection (3A), after paragraph (c) insert—
“(ca)
any offence under subsection (1);”.
Invasive non-native species
49
Sale etc. of invasive non-native species
After section 14 of the 1981 Act insert—
15
“14ZA
  Sale etc. of invasive non-native species
(1)
Subject to the provisions of this Part, a person is guilty of an offence if
he sells, offers or exposes for sale, or has in his possession or transports
for the purposes of sale—
(a)
an animal or plant to which this section applies, or
20
(b)
anything from which such an animal or plant can be
reproduced or propagated.
(2)
Subject to the provisions of this Part, a person is guilty of an offence if
he publishes or causes to be published any advertisement likely to be
understood as conveying that he buys or sells, or intends to buy or
25
sell—
(a)
an animal or plant to which this section applies, or
(b)
anything from which such an animal or plant can be
reproduced or propagated.
(3)
This section applies to an animal or plant which—
30
(a)
is within section 14(1) or (2) (animals and plants which must not
be released etc. into the wild),
(b)
is of a description prescribed for the purposes of this section by
an order made by the Secretary of State, and
(c)
is a live animal or live plant.
35
(4)
An order under subsection (3) may be made in relation to a particular
area or a particular time of the year.
(5)
Subsections (3) and (4) of section 14 (defence of due diligence etc.)
apply to an offence under this section as they apply to an offence under
that section.”
40