sc030507.32-38

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.    Standing Committee Proceedings: 5th July 2005
32

Natural Environment and Rural Communities Bill, continued

Clauses 98 and 99 Agreed to.

NEW CLAUSES

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

Mr Colin Breed

Mr Roger Williams

Not called  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—

“Part III

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”.’.

S.C.A.    Standing Committee Proceedings: 5th July 2005
33

Natural Environment and Rural Communities Bill, continued

Restoration order where offence under section 14 is committed

Mr Colin Breed

Mr Roger Williams

Not called  NC2

To move the following Clause:—

‘After section 21 insert—

“21A
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

S.C.A.    Standing Committee Proceedings: 5th July 2005
34

Natural Environment and Rural Communities Bill, continued

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

Not called  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.

S.C.A.    Standing Committee Proceedings: 5th July 2005
35

Natural Environment and Rural Communities Bill, continued

(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.’.

Enforcement powers in connection with pesticides: entry and search without a warrant

Mr James Paice

Mr Peter Atkinson

Not called  NC4

To move the following Clause:—

‘(1)
If a constable or an inspector reasonably suspects—

(a)
that a relevant offence is being or has been committed on any premises,

or

(b)
that evidence of the commission of a relevant offence is to be found on

any premises,

he may at any reasonable time enter the premises and search them for evidence of

the commission of a relevant offence.

(2)
Subsection (1) does not authorise entry into any part of premises which is used as

a private dwelling.’.

S.C.A.    Standing Committee Proceedings: 5th July 2005
36

Natural Environment and Rural Communities Bill, continued

Enforcement powers in connection with pesticides: entry and search by force without a

warrant

Mr James Paice

Mr Peter Atkinson

Not called  NC5

To move the following Clause:—

‘(1)
If a constable or an inspector reasonably believes—

(a)
that evidence of the commission of a relevant offence is to be found on

any premises, or

(b)
that evidence is likely to be removed, destroyed or lost before a warrant

can be obtained and executed,

he may at any time enter the premises and search them for evidence of the

commission of a relevant offence.

(2)
Subsection (1) does not authorise entry into any part of premises which is used as

a private dwelling.

(3)
A constable or an inspector exercising powers under subsection (1) may (if

necessary) use such force as is reasonable in the exercise of those powers.

(4)
An inspector may not exercise the power of entry conferred by subsection (1)

between the hours of 11 p.m. and 5 a.m. unless accompanied by a constable.’.

Enforcement powers in connection with pesticides: entry and search with a warrant

Mr James Paice

Mr Peter Atkinson

Not called  NC6

To move the following Clause:—

‘(1)
If, on an application by a constable or an inspector, a justice of the peace is

satisfied—

(a)
that there are reasonable grounds for believing that—

(i)
a relevant offence is being or has been committed on any

premises, or

(ii)
evidence of the commission of a relevant offence is to be found

on any premises, and

(b)
that one or more of the conditions in subsection (2) is met, he may issue

a warrant authorising a constable or an inspector to enter the premises

and search them for evidence of the commission of a relevant offence.

(2)
The conditions are—

(a)
in the case of any part of premises which is used as a private dwelling,

that the occupier of the premises has been informed of the decision to

apply for the warrant;

(b)
in the case of any part of premises which is not used as a private dwelling,

that the occupier of the premises—

(i)
has been informed of the decision to seek entry to the premises

and the reasons for that decision,

(ii)
has failed to allow entry to the premises on being requested to do

so by a person mentioned in section [Enforcement powers in

S.C.A.    Standing Committee Proceedings: 5th July 2005
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Natural Environment and Rural Communities Bill, continued

connection with pesticides: entry and search without a warrant]

(1) or [Enforcement powers in connection with pesticides: entry

and search by force without a warrant] (1), and

(iii)
has been informed of the decision to apply for the warrant;

(c)
in either case—

(i)
that the premises are unoccupied, or the occupier is absent, and

notice of intention to apply for the warrant has been left in a

conspicuous place on the premises, or

(ii)
an application for admission to the premises or the giving of

notice of intention to apply for the warrant is inappropriate

because—

(a)
it would defeat the object of entering the premises, or

(b)
entry is required as a matter of urgency.

(3)
References in subsection (2) to the occupier of premises, in relation to any

vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in

charge of the vehicle, vessel, aircraft or hovercraft, and “unoccupied” shall be

construed accordingly.

(4)
Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall

have effect in relation to a warrant issued under this section to an inspector as they

have effect in relation to a warrant so issued to a constable.

(5)
A constable or an inspector exercising—

(a)
powers under a warrant issued under this section, or

(b)
powers under Schedule 1 in connection with the execution of such a

warrant,

may (if necessary) use such force as is reasonable in the exercise of those

powers.’.

Protection of wild birds, their nests and eggs

Mr James Paice

Mr Peter Atkinson

Not called  NC7

To move the following Clause:—

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

(2)
In section 1 (protection of wild birds, their nests and eggs), in subsection (1), after

“intentionally” insert “or recklessly”.

(3)
In section 3 (areas of special protection), in subsection (1)(a), after

“intentionally”, insert “or recklessly”.’.

Dedication of way as highway presumed after public use for 20 years

Paddy Tipping

Not called  NC8

To move the following Clause:—

S.C.A.    Standing Committee Proceedings: 5th July 2005
38

Natural Environment and Rural Communities Bill, continued

‘(1)
Amend section 31 of the Highways Act 1980 (c. 66) (dedication of way as

highway presumed after public use for 20 years) as follows.

(2)
In subsection (2) leave out the words after “question”.

(3)
After subsection (2) insert—

“(2A)
For the purposes of subsection (2), the right of the public to use the way

may be brought into question—

(a)
by a notice such as is mentioned in subsection (3) below;

(b)
by an application for a modification order under section 53(5) of

the Wildlife and Countryside Act 1981 to add the way to the

definitive map and statement; or

(c)
otherwise.

(2B)
Where the right of the public to use the way is brought into question in

the manner specified in subsection (2A)(b) above, the date on which the

right shall be deemed to have been brought into question shall be the date

of the certificate issued under paragraph 2(3) of Schedule 14 to the

Wildlife and Countryside Act 1981.”.’.

Bill, as amended, to be reported.