Natural Environment and Rural Communities Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Natural Environment and Rural Communities Bill

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
17

Protection of birds
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
Schedule ZAI;”.
(3)
At the beginning of the Schedules insert—
“Schedule ZA1
Birds which re-use their nests
10

Common name
Scientific name

Eagle, Golden
Aquila chrysaetos

Eagle, White-tailed
Haliaetus albicilla

Osprey
Pandion haliaetus


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
taken into account.”
(4)
In—
(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
(3A)(a)(i) and (c)(i),

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

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
18

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
section.”
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
sell—
(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.

Natural Environment and Rural Communities Bill
Part 3 — Wildlife etc.
19

(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
that section.”
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
to—
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)
or (b).
15
(2)
The Secretary of State may revise or replace a code or approve its
revision or replacement.
(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
affected by it.
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(4)
A person’s failure to comply with a provision of a code does not make
him liable to criminal or civil proceedings.
(5)
A code—
(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
under it bind the Crown.

Natural Environment and Rural Communities Bill
Part 4 — Sites of special scientific interest
20

(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
contravention.
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
contained in this Act.”
(2)
For the heading to section 67, substitute “Application of Parts 2 and 3 to Crown
land”.
15
Part 4
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)
as follows.
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
(6),

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
indictment to a fine.
(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

Natural Environment and Rural Communities Bill
Part 5 — National Parks and the Broads
21

(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
subsection (1).
(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
paragraph (k) insert—
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)”.
Part 5
25
National Parks and the Broads
National Parks
56
Procedure for orders designating National Parks
(1)
Amend the National Parks and Access to the Countryside Act 1949 (c. 97) as
follows.
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
parish council;
(b)
in relation to Wales, a county council, county borough council
or community council.”

Natural Environment and Rural Communities Bill
Part 5 — National Parks and the Broads
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(4)
In section 9 (development plans relating to National Parks), omit subsection
(2).
(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,
a community council.”
57
Members of National Park authorities
10
(1)
Amend Schedule 7 to the Environment Act 1995 (c. 25) (National Park
authorities) as follows.
(2)
In paragraph 1, for sub-paragraphs (2) to (6) (constitution of National Park
authorities) substitute—
    “(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,
and
(c)
a specified number of other members to be appointed by the
20
Secretary of State;

and “specified” means specified in the relevant order.
      (3)
The total number of—
(a)
local authority members, and
(b)
parish members,
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
council, or
(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
Park authority.”
(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—

Natural Environment and Rural Communities Bill
Part 5 — National Parks and the Broads
23

(a)
three months after he ceases to be a member of the parish
council, 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 he is eligible for re-appointment to the National
5
Park authority.”
(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
years”.
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.
(2)
In subsection (1)—
(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
authority”.
(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”.