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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.

20

(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

22

 

(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”.

 
 

 
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