|
| |
|
| |
46 | Protection for nests of certain birds which re-use their nests |
| |
(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 paragraph (a) insert— |
| 5 |
“(aa) | takes, damages or destroys the nest of a wild bird included in |
| |
| |
(3) | At the beginning of the Schedules insert— |
| |
| |
Birds which re-use their nests |
| 10 |
|
| NOTE: The common name or names given in the first column of this |
| 15 |
Schedule are included by way of guidance only; in the event of any |
| |
dispute or proceedings, the common name or names shall not be |
| |
| |
| |
(a) | section 4 (exceptions to sections 1 and 3), in subsection (1)(c), and |
| 20 |
(b) | section 7 (registration etc. of certain captive birds), in subsection |
| |
| |
| after “Schedule” insert “ZA1 or”. |
| |
(5) | In section 22 (power to vary Schedules), in subsection (1), for “Schedules 1 to |
| |
4” substitute “Schedules ZA1 to 4”. |
| 25 |
47 | Birds released into the wild as part of re-population programme |
| |
(1) | In section 1 of the 1981 Act (protection of wild birds, their nests and eggs), for |
| |
subsection (6) substitute— |
| |
“(6) | For the purposes of this section the definition of “wild bird” in section |
| |
27(1) is to be read as not including any bird which is shown to have |
| 30 |
been bred in captivity unless it has been lawfully released into the wild |
| |
as part of a re-population or re-introduction programme. |
| |
(6A) | “Re-population” and “re-introduction” have the same meaning as in the |
| |
Directive of the Council of the European Communities dated 2nd April |
| |
1979 (No 1979/409/EEC) on the conservation of wild birds.” |
| 35 |
(2) | In section 6 of the 1981 Act (sale etc. of live or dead wild birds, eggs etc.), for |
| |
|
| |
|
| |
|
subsection (5) substitute— |
| |
“(5) | Any reference in this section to any bird included in Part 1 of Schedule |
| |
3 is a reference to any bird included in that Part which— |
| |
(a) | was bred in captivity, |
| |
(b) | has been ringed or marked in accordance with regulations |
| 5 |
made by the Secretary of State, and |
| |
(c) | has not been lawfully released into the wild as part of a re- |
| |
population or re-introduction programme. |
| |
(5A) | “Re-population” and “re-introduction” have the same meaning as in the |
| |
Directive of the Council of the European Communities dated 2nd April |
| 10 |
1979 (No 1979/409/EEC) on the conservation of wild birds. |
| |
(5B) | Regulations made for the purposes of subsection (5)(b) may make |
| |
different provision for different birds or different provisions of this |
| |
| |
48 | Registration etc. of certain captive birds |
| 15 |
In section 7 of the 1981 Act (registration etc. of certain captive birds), in |
| |
subsection (3A), after paragraph (c) insert— |
| |
“(ca) | any offence under subsection (1);”. |
| |
Invasive non-native species |
| |
49 | Sale etc. of invasive non-native species |
| 20 |
After section 14 of the 1981 Act insert— |
| |
“14ZA | Sale etc. of invasive non-native species |
| |
(1) | Subject to the provisions of this Part, a person is guilty of an offence if |
| |
he sells, offers or exposes for sale, or has in his possession or transports |
| |
for the purposes of sale— |
| 25 |
(a) | an animal or plant to which this section applies, or |
| |
(b) | anything from which such an animal or plant can be |
| |
reproduced or propagated. |
| |
(2) | Subject to the provisions of this Part, a person is guilty of an offence if |
| |
he publishes or causes to be published any advertisement likely to be |
| 30 |
understood as conveying that he buys or sells, or intends to buy or |
| |
| |
(a) | an animal or plant to which this section applies, or |
| |
(b) | anything from which such an animal or plant can be |
| |
reproduced or propagated. |
| 35 |
(3) | This section applies to an animal or plant which— |
| |
(a) | is within section 14(1) or (2) (animals and plants which must not |
| |
be released etc. into the wild), |
| |
(b) | is of a description prescribed for the purposes of this section by |
| |
an order made by the Secretary of State, and |
| 40 |
(c) | is a live animal or live plant. |
| |
|
| |
|
| |
|
(4) | An order under subsection (3) may be made in relation to a particular |
| |
area or a particular time of the year. |
| |
(5) | Subsections (3) and (4) of section 14 (defence of due diligence etc.) |
| |
apply to an offence under this section as they apply to an offence under |
| |
| 5 |
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 |
| |
| 10 |
(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) |
| |
| 15 |
(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 |
| |
| 20 |
(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 |
| 25 |
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. |
| 30 |
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— |
| 35 |
“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 |
| |
any person appearing to the Court to have an interest, declare unlawful |
| |
an act or omission of the Crown which constitutes such a |
| |
| 5 |
(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. |
| 10 |
(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 |
| |
| 15 |
| |
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) |
| |
| 20 |
(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— |
| 25 |
(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 |
| 30 |
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 |
| 35 |
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 |
| 40 |
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, |
| |
| 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), |
| 5 |
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 |
| |
(1) | Natural England may, on any land included in a site of special scientific |
| 10 |
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 |
| |
reasonable excuse takes down, damages, destroys or obscures a notice |
| 15 |
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 |
| |
| 20 |
“(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)”. |
| |
| 25 |
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 |
| |
| 30 |
(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— |
| |
“(7) | In this section and Schedule 1 “local authority” means— |
| 35 |
(a) | in relation to England, a county council, district council or |
| |
| |
(b) | in relation to Wales, a county council, county borough council |
| |
| |
|
| |
|
| |
|
(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— |
| 5 |
(a) | in relation to an order designating a National Park in |
| |
England, a parish council, or |
| |
(b) | in relation to an order designating a National Park in Wales, |
| |
| |
57 | Members of National Park authorities |
| 10 |
(1) | Amend Schedule 7 to the Environment Act 1995 (c. 25) (National Park |
| |
| |
(2) | In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park |
| |
| |
“(2) | A National Park authority shall consist of— |
| 15 |
(a) | a specified number of local authority members, |
| |
(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 |
| 20 |
| |
| and “specified” means specified in the relevant order. |
| |
| |
(a) | local authority members, and |
| |
| 25 |
| must exceed the number of other members.” |
| |
(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 |
| 30 |
National Park authority until— |
| |
(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; |
| 35 |
| but if he is re-elected he is eligible for re-appointment to the National |
| |
| |
(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 |
| 40 |
member of a parish council by virtue of an election. |
| |
(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 |
| |
receives notice of a proposed replacement appointment; |
| |
| but if he is re-elected he is eligible for re-appointment to the National |
| 5 |
| |
(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 |
| 10 |
National Park authority until— |
| |
(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 |
| 15 |
the National Park authority.” |
| |
(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 |
| 20 |
In section 11A of the National Parks and Access to the Countryside Act 1949 |
| |
(c. 97), 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 |
| 25 |
(1) | Amend section 42 of the Wildlife and Countryside Act 1981 (c. 69) (notification |
| |
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”. |
| 30 |
(3) | In subsection (2)(b), for “the Ministers” substitute “the National Park |
| |
| |
(4) | In subsection (6), for “the Ministers, the Nature Conservancy Council and the |
| |
Countryside Agency” substitute “Natural England”. |
| |
(5) | For subsection (8) substitute— |
| 35 |
“(8) | An order under this section shall be made by statutory instrument and |
| |
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”. |
| |
|
| |
|