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 3 — Wildlife etc.
19

50
Codes of practice in connection with invasive non-native species
After section 14ZA of the 1981 Act insert—
“14ZB
  Codes of practice in connection with invasive non-native species
(1)
The Secretary of State may issue or approve a code of practice relating
to—
5
(a)
animals which are not ordinarily resident in and are not regular
visitors to Great Britain in a wild state,
(b)
animals or plants included in Schedule 9, or
(c)
any description of animals or plants mentioned in paragraph (a)
or (b).
10
(2)
The Secretary of State may revise or replace a code or approve its
revision or replacement.
(3)
The Secretary of State must ensure that a code is published in a way that
is appropriate for bringing it to the attention of persons likely to be
affected by it.
15
(4)
A person’s failure to comply with a provision of a code does not make
him liable to criminal or civil proceedings.
(5)
A code—
(a)
is admissible in evidence in any proceedings, and
(b)
must be taken into account by a court in any case in which it
20
appears to the court to be relevant.”
Enforcement etc. of provisions relating to wildlife
51
Enforcement powers in connection with wildlife
Schedule 5 contains amendments relating to enforcement powers in
connection with wildlife.
25
52
Wildlife offences: time limits for proceedings
Schedule 6 contains provisions extending the time limit for summary
proceedings for certain offences relating to wildlife.
53
Application of Part 1 of 1981 Act to Crown
(1)
In the 1981 Act, before section 67 insert—
30
“66A
Application of Part 1 to Crown
(1)
Subject to subsections (2) to (5), Part 1 and regulations and orders made
under it bind the Crown.
(2)
No contravention by the Crown of any provision of Part 1 makes the
Crown criminally liable; but the High Court may, on the application of
35
any person appearing to the Court to have an interest, declare unlawful
an act or omission of the Crown which constitutes such a
contravention.

Natural Environment and Rural Communities Bill
Part 4 — Sites of special scientific interest
20

(3)
Despite subsection (2), Part 1 applies to persons in the public service of
the Crown as it applies to other persons.
(4)
But the powers conferred by sections 18A to 19XA are not exercisable
in relation to premises occupied by the Crown.
(5)
Nothing in this Part affects Her Majesty in her private capacity.
5
(6)
Subsection (5) is to be read as if section 38(3) of the Crown Proceedings
Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were
contained in this Act.”
(2)
For the heading to section 67, substitute “Application of Parts 2 and 3 to Crown
land”.
10
Part 4
Sites of special scientific interest
54
Offences in connection with SSSIs
(1)
Amend section 28P of the Wildlife and Countryside Act 1981 (c. 69) (offences)
as follows.
15
(2)
After subsection (5) insert—
“(5A)
A section 28G authority which, in the exercise of its functions, permits
the carrying out of an operation which damages any of the flora, fauna
or geological or physiographical features by reason of which a site of
special scientific interest is of special interest—
20
(a)
without first complying with section 28I(2), or
(b)
where relevant, without first complying with section 28I(4) or
(6),

is, unless there was a reasonable excuse for permitting the carrying out
of the operation without complying, guilty of an offence and is liable on
25
summary conviction to a fine not exceeding £20,000 or on conviction on
indictment to a fine.
(5B)
For the purposes of subsection (5A), it is a reasonable excuse in any
event for a section 28G authority to permit the carrying out of an
operation without first complying with section 28I(2), (4) or (6) if the
30
operation in question was an emergency operation particulars of which
(including details of the emergency) were notified to Natural England
as soon as practicable after the permission was given.”
(3)
After subsection (6) insert—
“(6A)
A person (other than a section 28G authority acting in the exercise of its
35
functions) who without reasonable excuse—
(a)
intentionally or recklessly destroys or damages any of the flora,
fauna, or geological or physiographical features by reason of
which a site of special scientific interest is of special interest, or
(b)
intentionally or recklessly disturbs any of those fauna,
40

is guilty of an offence and is liable on summary conviction to a fine not
exceeding level 4 on the standard scale.”
(4)
In subsection (7), after “(6)” (in both places) insert “or (6A)”.

Natural Environment and Rural Communities Bill
Part 5 — National Parks and the Broads
21

(5)
In section 31 of the 1981 Act (restoration following offence under section 28P),
in subsection (1)(b), after “28P(6)” insert “or (6A)”.
55
Notices and signs relating to SSSIs
(1)
After section 28R of the 1981 Act insert—
“28S
Notices and signs relating to SSSIs
5
(1)
Natural England may, on any land included in a site of special scientific
interest, put up and maintain notices or signs relating to the site.
(2)
Natural England may remove any notice or sign put up under
subsection (1).
(3)
Any other person who intentionally or recklessly and without
10
reasonable excuse takes down, damages, destroys or obscures a notice
or sign put up under subsection (1) is guilty of an offence.
(4)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.”
(2)
In section 51 of the 1981 Act (powers of entry), in subsection (1), after
15
paragraph (k) insert—
“(ka)
for the purposes of putting up, maintaining or removing notices
or signs under section 28S;”.
(3)
In subsection (2) of that section, for “paragraphs (a) to (k)” substitute
“paragraphs (a) to (ka)”.
20
Part 5
National Parks and the Broads
National Parks
56
Procedure for orders designating National Parks
(1)
Amend the National Parks and Access to the Countryside Act 1949 (c. 97) as
25
follows.
(2)
In section 7 (designation and variation of National Parks), in subsection (1), for
“county council, county borough council and county district council”
substitute “and local authority”.
(3)
After subsection (6) of that section insert—
30
“(7)
In this section and Schedule 1 “local authority” means—
(a)
in relation to England, a county council, district council or
parish council;
(b)
in relation to Wales, a county council, county borough council
or community council.”
35
(4)
In section 9 (development plans relating to National Parks), omit subsection
(2).
(5)
In Schedule 1, in paragraph 2, after sub-paragraph (2) (local inquiries to be held

Natural Environment and Rural Communities Bill
Part 5 — National Parks and the Broads
22

where objection by local authority not withdrawn) insert—
   “(2A)
In sub-paragraph (2) “local authority” does not include, in relation to
an order designating a National Park in England, a parish council.”
57
Members of National Park authorities
(1)
Amend Schedule 7 to the Environment Act 1995 (c. 25) (National Park
5
authorities) as follows.
(2)
In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park
authorities) substitute—
    “(2)
A National Park authority shall consist of—
(a)
a specified number of local authority members,
10
(b)
in the case of a National Park in England, a specified number
of parish members to be appointed by the Secretary of State,
and
(c)
a specified number of other members to be appointed by the
Secretary of State;
15

and “specified” means specified in the relevant order.
      (3)
The total number of—
(a)
local authority members, and
(b)
parish members,

must exceed the number of other members.”
20
(3)
In paragraph 2 (local authority members), for sub-paragraph (6) substitute—
   “(5A)
Sub-paragraph (5B) applies to a person who retires from being a
member of a council by virtue of an election.
     (5B)
Sub-paragraph (5)(a) does not terminate his office as member of a
National Park authority until—
25
(a)
three months after he retires from being a member of the
council, or
(b)
if earlier, the day on which the National Park authority
receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National
30
Park authority.”
(4)
In paragraph 3 (parish members of English National Park authorities), for sub-
paragraph (4) substitute—
   “(4A)
Sub-paragraph (4B) applies to a person who retires from being a
member of a parish council by virtue of an election.
35
     (4B)
Sub-paragraph (3) does not terminate his office as member of a
National Park authority until—
(a)
three months after he ceases to be a member of the parish
council, or
(b)
if earlier, the day on which the National Park authority
40
receives notice of a proposed replacement appointment;

but if he is re-elected he is eligible for re-appointment to the National
Park authority.”

Natural Environment and Rural Communities Bill
Part 5 — National Parks and the Broads
23

(5)
For sub-paragraph (6) of that paragraph substitute—
   “(5A)
Sub-paragraph (5B) applies to a person who retires from being
chairman of a parish meeting by virtue of an election.
     (5B)
Sub-paragraph (5) does not terminate his office as member of a
National Park authority until—
5
(a)
three months after he retires from being chairman, or
(b)
if earlier, the day on which the National Park authority
receives notice of a proposed replacement appointment;

but if he is re-elected as chairman he is eligible for re-appointment to
the National Park authority.”
10
(6)
In paragraph 4 (members, other than parish members, appointed by the
Secretary of State), in sub-paragraph (2)(a) for “three years” substitute “four
years”.
58
Expenditure by National Parks authorities
In section 11A of the National Parks and Access to the Countryside Act 1949 (c. 97),
15
in subsection (1) (duty of National Park authority to foster economic and social well-
being of local communities in National Park), omit “, but without incurring
significant expenditure in doing so,”.
59
Notification of agricultural operations on moor and heath in National Parks
(1)
Amend section 42 of the Wildlife and Countryside Act 1981 (c. 69) (notification
20
of agricultural operations on moor and heath in National Parks) as follows.
(2)
In subsection (1)—
(a)
for “The Ministers” substitute “A National Park authority”, and
(b)
for “a National Park” substitute “the relevant Park”.
(3)
In subsection (2)(b), for “the Ministers” substitute “the National Park
25
authority”.
(4)
In subsection (6), for “the Ministers, the Nature Conservancy Council and the
Countryside Agency” substitute “Natural England”.
(5)
For subsection (8) substitute—
“(8)
An order under this section shall be made by statutory instrument and
30
the Statutory Instruments Act 1946 shall apply to such an instrument as
if the order had been made by a Minister of the Crown.”
(6)
In section 51 (powers of entry), in subsection (2)(c), omit “the Ministers or”.
The Broads
60
Functions of Broads Authority and others in relation to the Broads
35
(1)
Amend the Norfolk and Suffolk Broads Act 1988 (c. 4) as follows.
(2)
In section 2 (functions of the Authority: general), in subsection (1), for

Natural Environment and Rural Communities Bill
Part 6 — Rights of way
24

paragraphs (a) and (b) substitute—
“(a)
conserving and enhancing the natural beauty, wildlife and
cultural heritage of the Broads;
(b)
promoting opportunities for the understanding and enjoyment
of the special qualities of the Broads by the public; and”.
5
(3)
In section 17A (general duty of public bodies etc.), in subsection (1), for
paragraphs (a) and (b) substitute—
“(a)
conserving and enhancing the natural beauty, wildlife and
cultural heritage of the Broads;
(b)
promoting opportunities for the understanding and enjoyment
10
of the special qualities of the Broads by the public; and”.
(4)
Any increase in the expenses of the Broads Authority attributable to subsection (2) and
not related to protecting the interests of navigation is to be met by grants under section
15 of the 1988 Act.
Part 6
15
Rights of way
61
Restriction on creation of new public rights of way
(1)
No public right of way for mechanically propelled vehicles is created after
commencement unless it is—
(a)
created (by an enactment or instrument or otherwise) on terms that
20
expressly provide for it to be a right of way for such vehicles, or
(b)
created by the construction, in exercise of powers conferred by virtue of
any enactment, of a road intended to be used by such vehicles.
(2)
For the purposes of the creation after commencement of any other public right
of way, use (whenever occurring) of a way by mechanically propelled vehicles
25
is to be disregarded.
62
Ending of certain existing unrecorded public rights of way
(1)
An existing public right of way for mechanically propelled vehicles is
extinguished if it is over a way which, immediately before commencement—
(a)
was not shown in a definitive map and statement or was shown in a
30
definitive map and statement only as a footpath, bridleway or
restricted byway, and
(b)
was being used by the public mainly for one or more of the purposes
for which restricted byways are used or was not being used by the
public as a right of way of any kind.
35

But this is subject to subsections (2) to (4).
(2)
Subsection (1) does not apply to an existing public right of way if—
(a)
it was not shown in a definitive map and statement but was shown in a
list required to be kept under section 36(6) of the Highways Act 1980
(c. 66) (list of highways maintainable at public expense),
40
(b)
it was created (by an enactment or instrument or otherwise) on terms
that expressly provide for it to be a right of way for mechanically
propelled vehicles,

Natural Environment and Rural Communities Bill
Part 6 — Rights of way
25

(c)
it was created by the construction, in exercise of powers conferred by
virtue of any enactment, of a road intended to be used by such vehicles,
or
(d)
it was created by virtue of use by such vehicles during a period ending
before 1st December 1930.
5
(3)
Where, immediately before commencement, the exercise of an existing public
right of way to which subsection (1) applies was reasonably necessary to
enable access to any land to be obtained by—
(a)
a person with an interest in that land, or
(b)
a lawful visitor to that land,
10

the right so far as so exercisable on commencement becomes a private right of
way for mechanically propelled vehicles for the benefit of that land.
(4)
Nothing in this section applies in relation to an area in London to which Part 3
of the Wildlife and Countryside Act 1981 (c. 69) does not apply.
63
Supplementary
15
(1)
In section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 (c. 69)
(modification of definitive map and statement on discovery of evidence of a
right of way), after “public path” insert “, a restricted byway”.
(2)
In section 34 of the Road Traffic Act 1988 (c. 52) (prohibition of driving
mechanically propelled vehicles elsewhere than on roads)—
20
(a)
in subsection (2), omit “(subject to section 34A of this Act)”, and
(b)
in subsection (6), for “and section 34A of this Act do” substitute “does”.
(3)
In Schedule 7 to the Countryside and Rights of Way Act 2000 (c. 37), omit
paragraphs 6 and 7.
64
Interpretation
25
(1)
In sections 61 and 62—
“interest”, in relation to land, includes any estate in land and any right
over land (whether exercisable by virtue of the ownership of an estate
or interest in the land or by virtue of a licence or agreement) and, in
particular, includes rights of common and sporting rights,
30
“mechanically propelled vehicle” does not include a vehicle falling within
section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal
cycle), and
expressions defined for the purposes of Part 3 of the Wildlife and
Countryside Act 1981 by section 66(1) of that Act have the same
35
meaning as in that Part.
(2)
In each of sections 61 and 62 “commencement” means the commencement of
that section; and in section 62 “existing” means in existence immediately before
commencement.