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

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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'.


Jim Knight


Schedule     11,     page     80,     line     32,     at end insert—

'( ) In that subsection, after the definition of "poultry", insert—

""premises" includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;".'.


Jim Knight


Schedule     11,     page     84,     line     21,     leave out from 'Omit' to end of line 23 and insert '—

(a)   Article 21 (committee of investigation), and

(b)   Article 22 (action following report by committee of investigation).'.


Mr Colin Breed
Norman Baker


Schedule     11,     page     85,     leave out line 21.


Jim Knight


Schedule     11,     page     90,     line     9,     at end insert—

'Agriculture (Northern Ireland) Order 1993 (S.I.1993/2665 (N.I10))

  Omit Article 22 (functions of certain bodies in relation to agricultural marketing schemes).'.


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.


Jim Knight


Schedule     12,     page     94,     line     34,     at end insert—

'Section 64(5).'.

Jim Knight


Schedule     12,     page     98,     line     12,     leave out '22(1) and (2)" and insert '22'.


Jim Knight


Schedule     12,     page     98,     line     17,     at end insert—

'Agriculture (Northern      Ireland) Order 1993      (S.I.1993/2665 (N.I10))
Article 22.'.


Mr Colin Breed
Norman Baker


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


Jim Knight


Clause     97,     page     39,     line     18,     leave out 'the Environment' and insert 'Agriculture and Rural Development'.


Jim Knight


Clause     97,     page     40,     line     10,     after 'Development', insert 'and the Department of the Environment'.


Jim Knight


Clause     97,     page     40,     line     13,     at end insert—

    '( )   An order under this section may make different provision for different purposes or different areas.'.


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


Mr Colin Breed
Mr Roger Williams


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—

"Part III

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

Duck, Ruddy Oxyura jamaicensis
Fern, WaterAzolla filiculoides
Hogweed, GiantHeracleum mantegazzianum
Knotweed, JapaneseFallopia japonica
Parrot's-featherMyriophyllum aquaticum
Pennywort, FloatingHydrocotyle ranunculoides
Stonecrop, Australian swampCrassula helmsii".'.

Restoration order where offence under section 14 is committed


Mr Colin Breed
Mr Roger Williams


To move the following Clause:—

'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.".'.

Control of invasive non-native species


Mr Colin Breed
Mr Roger Williams


To move the following Clause:—

'After section 14ZA insert—


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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Prepared 30 Jun 2005