Amendments proposed to the Natural Environment and Rural Communities Bill - continued	House of Commons
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Control of invasive non-native species

   

Mr Colin Breed
Mr Roger Williams

NC3

To move the following Clause:—

'After section 14ZA insert—

    "14ZAA    Control of invasive non-native species

    (1)   Where the Secretary of State considers that a species listed in Schedule 9 is—

(a)	present in the wild; and

(b)	is an actual or potential threat to the conservation of flora or fauna; or

(c)	is an actual or potential threat to social or economic well-being,

he must add it to Part III of Schedule 9.

    (2)   Within three months of a species being added to Part III of Schedule 9, the Secretary of State must nominate an appropriate body that within one year will produce an action plan that identifies how the species should be eradicated, controlled or contained in order to protect threatened flora, fauna, social or economic well-being.

    (3)   Within three months of the action plan being presented to the Secretary of State, he shall announce to Parliament how the action plan will be implemented.

    (4)   Pursuant to subsection (3) and in circumstances set out in subsection (5), any person authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for the purpose of controlling, containing or eradicating a species listed on Part III of Schedule 9; but nothing in this subsection shall authorise any person to enter a dwelling.

    (5)   The circumstances are—

(a)	that the Secretary of State is satisfied that the body nominated to implement an action plan to control or eradicate a species is unable to conclude, on reasonable terms, an agreement to access land in order for the control, containment or eradication to be effective;

(b)	that the nominated body did enter into such an agreement as referred to in subsection (5)(a), but that the Secretary of State is satisfied that it has been breached in such a way that operations to control, contain or eradicate the invasive non-native species are rendered ineffective.

    (6)   A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (5)(b) shall be referred to an arbitrator appointed by the Lord Chancellor.

    (7)   More than one person may be authorised for the time being under subsection (4) to enter any land.

    (8)   A person acting in the exercise of a power conferred by subsection (4) 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 or materials needed for the purpose for which he is exercising the power of entry.

    (9)   If in the exercise of a power conferred by subsection (4) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

    (10)   It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—

(a)	the exercise of a power conferred by subsection (4) by a person authorised to do so by that relevant authority, or

(b)	the failure of a person so authorised to perform the duty imposed on him by subsection (9),

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person's entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.'.

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ORDER OF THE HOUSE [6TH JUNE 2005]

That the following provisions shall apply to the Natural Environment and Rural Communities Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5th July 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

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Prepared 17 Jun 2005