|
| |
|
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 |
| |
| 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) |
| |
| 10 |
(2) | The Secretary of State may revise or replace a code or approve its |
| |
| |
(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 |
| |
| 15 |
(4) | A person’s failure to comply with a provision of a code does not make |
| |
him liable to criminal or civil proceedings. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(2) | For the heading to section 67, substitute “Application of Parts 2 and 3 to Crown |
| |
| 10 |
| |
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) |
| |
| 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 |
| |
| |
| 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 |
| |
| |
(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)”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
“(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 |
| |
National Parks and the Broads |
| |
| |
56 | Procedure for orders designating National Parks |
| |
(1) | Amend the National Parks and Access to the Countryside Act 1949 (c. 97) as |
| 25 |
| |
(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 |
| |
| |
(b) | in relation to Wales, a county council, county borough council |
| |
| 35 |
(4) | In section 9 (development plans relating to National Parks), omit subsection |
| |
| |
(5) | In Schedule 1, in paragraph 2, after sub-paragraph (2) (local inquiries to be held |
| |
|
| |
|
| |
|
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 |
| |
(2) | In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park |
| |
| |
“(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, |
| |
| |
(c) | a specified number of other members to be appointed by the |
| |
| 15 |
| and “specified” means specified in the relevant order. |
| |
| |
(a) | local authority members, and |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
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. |
| |
| |
(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 |
| |
(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”. |
| |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
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 |
| |
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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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, |
| |
| |
(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. |
| |
| 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 |
| |
| |
| 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 |
| |
| |
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 |
| |
(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 |
| |
| |
|
| |
|