Vote Bundle Text (950617-03)

Amendments proposed to the Natural Environment and Rural Communities Bill - continued	House of Commons

back to previous text

Mr Roger Williams

Clause 57, page 22, line 12, at end insert—

'(ba)

a specified number of directly elected members,'.

Mr Roger Williams

Clause 57, page 22, line 18, leave out 'and'.

Mr Roger Williams

Clause 57, page 22, line 19, at end, insert 'and

(c)	directly elected members,'.

Mr Roger Williams

Clause 57, page 23, line 10, at end, insert—

'(5A) After paragraph 3 insert—

"Directly elected members

(1)

The Secretary of State may by regulations made by statutory instrument make provision for and in connection with the election of directly elected members of National Park authorities.

(2)	Regulations under sub-paragraph (1) are subject to annulment in pursuance of a resolution of either House of Parliament.".'.

Mr James Paice
Mr Peter Atkinson

Clause 62, page 24, line 29, leave out 'commencement' and insert '19th May 2005'.

Mr James Paice
Mr Peter Atkinson

Clause 62, page 24, line 36, at end insert—

'(1A) Where an application to register a right of way for mechanically propelled vehicles was made on or after 19th May 2005 and before commencement the authority to whom application was made may decline to register the right of way on a definitive map or statement if it considers that use of the right of way by mechanically propelled vehicles would be—

(a)	detrimental to the natural environment, or

(b)	detrimental to the interests of other permitted users.'.

Mr James Paice
Mr Peter Atkinson

Clause 62, page 25, line 6, leave out 'commencement' and insert '19th May 2005'.

Mr Roger Williams

107

Clause 63, page 25, line 24, at end add—

'(4) Under sections 1, 9, 14, 22, 65, 68, 69, 71 and 92 of the Road Traffic Regulation Act 1984 (c. 27), the relevant National Parks Authority may exercise the functions of the local traffic authority for the purposes of controlling traffic by way of a traffic regulation order on any unsealed road including those classed as footpath, bridleway, restricted byway, byway open to all traffic or unclassified county road within the relevant National Park.

(5) In subsection (4), "unsealed" means any route which has an earth, gravel or cobbled surface and is not made up of tarmac, concrete or asphalt along its course.'.

Mr Roger Williams

Clause 66, page 26, line 15, at end insert 'and the National Assembly for Wales'.

Mr Roger Williams

Clause 66, page 26, line 20, at end, insert—

'(5A) One of the members is to be appointed by the National Assembly for Wales after consulting the Secretary of State.

(5B) In making that appointment, the National Assembly for Wales must have regard to the desirability of appointing a person who appears to the National Assembly to have specialist knowledge of Wales.'.

Mr Colin Breed
Norman Baker

Schedule 7, page 62, leave out line 35.

Mr James Paice
Mr Peter Atkinson

Clause 74, page 30, line 28, leave out '20' and insert '10'.

Mr James Paice
Mr Peter Atkinson

Clause 88, page 36, line 7, at beginning insert 'At least three months'.

Mr James Paice
Mr Peter Atkinson

Clause 88, page 36, line 7, at end insert 'publish its proposals and'.

Mr Colin Breed
Norman Baker

Schedule 11, page 68, leave out lines 37 and 38.

Mr Colin Breed
Norman Baker

Schedule 11, page 73, line 16, leave out 'places' and insert 'place'.

Mr Colin Breed
Norman Baker

Schedule 11, page 73, leave out line 17.

Mr Colin Breed
Norman Baker

Schedule 11, page 73, line 35, leave out 'places' and insert 'place'.

Mr Colin Breed
Norman Baker

Schedule 11, page 73, leave out line 36.

Mr Colin Breed
Norman Baker

Schedule 11, page 77, line 29, leave out 'places' and insert 'place'.

Mr Colin Breed
Norman Baker

Schedule 11, page 77, leave out line 30.

Mr Colin Breed
Norman Baker

Schedule 11, page 78, line 17, leave out 'places' and insert 'place'.

Mr Colin Breed
Norman Baker

Schedule 11, page 78, leave out line 18.

Mr Colin Breed
Norman Baker

Schedule 11, page 78, line 25, leave out sub-paragraph (2).

Mr Colin Breed
Norman Baker

Schedule 11, page 78, line 28, leave out 'that Part' and insert 'Part 2'.

Mr Colin Breed
Norman Baker

Schedule 11, page 85, leave out line 21.

Mr Colin Breed
Norman Baker

Schedule 11, page 91, line 24, leave out 'places' and insert 'place'.

Mr Colin Breed
Norman Baker

Schedule 11, page 91, leave out line 25.

Mr Colin Breed
Norman Baker

Clause 97, page 39, line 14, leave out 'and the Commission for Rural Communities'.

Sale etc. of invasive non-native species (supplementary provisions)

Mr Colin Breed
Mr Roger Williams

NC1

To move the following Clause:—

'(1) Amend the Wildlife and Countryside Act 1981 (c. 69) as follows.

(2) In section 14(1)(b) (introduction of new species etc.), insert "or Part III" after "Part I".

(3) In section 14(2) (introduction of new species etc.), insert "or Part III" after "Part II".

(4) In section 22(5) (power to vary schedules), insert—

"(c)	add any animals or plants to, or remove any animals or plants from, Part III of that Schedule."

After Part II of Schedule 9 of the 1981 Act (animals and plants to which section 14 applies), insert—

III

"Part

potentially invasive or damaging animals and plants not native to great britain to which section 14za applies

Duck, Ruddy Oxyura jamaicensis

Fern, Water Azolla filiculoides

Hogweed, Giant Heracleum mantegazzianum

Knotweed, Japanese Fallopia japonica

Parrot's-feather Myriophyllum aquaticum

Pennywort, Floating Hydrocotyle ranunculoides

Stonecrop, Australian swamp Crassula helmsii".'.

Restoration order where offence under section 14 is committed

Mr Colin Breed
Mr Roger Williams

NC2

'After section 21 insert—

Restoration order where offence under section 14 is committed

(1) In addition to the penalties in section 21(4), where the operation in respect of which a person is convicted of an offence under section 14 has destroyed or damaged any flora, fauna or physiographical feature, the court by which he is convicted, in addition to dealing with him in any way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations for the purpose of restoring the habitat to its former condition as may be so specified.

(2) An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person's conviction any such order does not take effect, and on appeal to the House of Lords the conviction is restored by that House, the House may make an order under this section which could be made on his conviction by the court which convicted him.

(3) In the case of an order under this section made by a magistrates' court, the period specified in the order shall not begin to run—

(a)	in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates' court;

(b)	where notice of appeal is given within the period so prescribed, until determination of the appeal.

(4) At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.

(5) If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—

(a)	to a fine not exceeding level 5 on the standard scale; and

(b)	in the case of a continuing offence, to a further fine not exceeding £1000 for each day during which the offence continues after conviction.

(6) If, within the period specified in an order under this section, any operations specified in the order have not been carried out, the authorised body may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.".'.