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Report Stage Proceedings: 11th October 2005              

55

 

Natural Environment and Rural Communities Bill, continued

 
 

“14ZC

Control of harmful non-native species

 

(1)    

Where the Secretary of State considers that a species listed in Schedule

 

9—

 

(a)    

is 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 in 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


 
 

Report Stage Proceedings: 11th October 2005              

56

 

Natural Environment and Rural Communities Bill, continued

 
 

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.’.

 


 

Driving a mechanically propelled vehicle on a footpath or bridleway or restricted byway

 

Mr Andrew Mackay

 

Not selected  nc7

 

To move the following Clause:—

 

‘It is not an offence under this section for the owner or lessee of premises in

 

existence at the date of commencement of section 47 of the Countryside and

 

Rights of Way Act 2000 or a successor in title to such premises or a lawful visitor

 

thereto to drive a mechanically propelled vehicle on a road being a footpath or

 

bridleway or restricted byway if the driving of that vehicle is necessary for the

 

reasonable occupation of the premises and where no other right of vehicular

 

access to such premises is otherwise available for the benefit of the premises.’.

 


 

Restoration of habitat

 

Mr Colin Breed

 

Norman Baker

 

Not called  nc8

 

To move the following Clause:—

 

‘After section 21 of the 1981 Act, 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.


 
 

Report Stage Proceedings: 11th October 2005              

57

 

Natural Environment and Rural Communities Bill, continued

 
 

(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; or

 

(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.”.’.

 


 

Harmful, non-native species (supplementary provisions)

 

Mr Colin Breed

 

Norman Baker

 

Not called  nc9

 

To move the following Clause:—

 

‘(1)    

In section 14(1)(b) of the 1981 Act (introduction of new species etc) insert “or

 

Part III” after “Part I”.

 

(2)    

In section 14(2) of the 1981 Act (introduction of new species etc) insert “or Part

 

III” after “Part II”.

 

(3)    

After Part II of Schedule 9 of the 1981 Act (animals and plants to which section

 

14 applies, insert—


 
 

Report Stage Proceedings: 11th October 2005              

58

 

Natural Environment and Rural Communities Bill, continued

 
 

“Part III

 

Potentially invasive or damaging animals and plants not native to Great

 
 

Britain to which section 14ZC 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”.’.

 
 


 

Driving a mechanically propelled vehicle on a footpath or bridleway or restricted byway

 

(No. 2)

 

Mr Andrew Mackay

 

Not called  nc10

 

To move the following Clause:—

 

‘(1)    

Section 34 of the Road Traffic Act 1988 (c. 52) (prohibition of driving

 

mechanically propelled vehicles elsewhere than on roads) is amended as follows.

 

(2)    

After subsection (3) insert—

 

“(3A)    

It is not an offence under this section for the owner or lessee of premises

 

in existence at the date of commencement of section 47 of the

 

Countryside and Rights of Way Act 2000 or a successor in title to such

 

premises or a lawful visitor thereto to drive a mechanically propelled

 

vehicle on a road being a footpath or bridleway or restricted byway if the

 

driving of that vehicle is necessary for the reasonable occupation of the

 

premises and where no other right of vehicular access to such premises is

 

otherwise available for the benefit of the premises.”.’.

 


 

Evidence that a way is a restricted byway

 

Emily Thornberry

 

Mr Roger Williams

 

Not called  nc21

 

To move the following Clause:—


 
 

Report Stage Proceedings: 11th October 2005              

59

 

Natural Environment and Rural Communities Bill, continued

 
 

‘Where at any time (whether before or after commencement of this provision)

 

there is evidence of use of any vehicle, not being a bicycle on a bridleway after

 

December 31st 1968, on a way, that evidence shall be acceptable evidence

 

tending to show that the way in question is a carriageway having the status of a

 

restricted byway.’.

 


 

Review of continued existence of Commission for Rural Communities

 

Mr Colin Breed

 

Norman Baker

 

Negatived on division  nc22

 

To move the following Clause:—

 

‘The Secretary of State shall, five years after the establishment of the

 

Commission, conduct a review of it with a view to deciding whether its

 

responsibilities should be transferred to the appropriate local authorities.’.

 


 

Regulation of cycle racing on public ways

 

Mr Roger Williams

 

Not called  NC23

 

To move the following Clause:—

 

‘(1)    

Amend section 31 of the Road Traffic Act 1988 (c. 52) (regulation of cycle racing

 

on public ways) as follows.

 

(2)    

In subsection (2) omit “other than a bridleway”.

 

(3)    

In subsection (6) omit “but does not include a footpath”.’.

 


 

Sites of special scientific interest

 

Mr Elfyn Llwyd

 

Not called  NC24

 

To move the following Clause:—

 

‘(1)    

Amend section 28J of the Wildlife and Countryside 1981 (management schemes)

 

as follows.

 

(2)    

In subsection (1) for “all or part of a site of special scientific interest” substitute—

 

“(a)    

all or part of a site of special scientific interest,

 

(b)    

any land which is adjacent to, or which the Council considers to be

 

otherwise associated with, a site of special scientific interest, or

 

(c)    

any combination of land of the type described in (a) or (b) above.”


 
 

Report Stage Proceedings: 11th October 2005              

60

 

Natural Environment and Rural Communities Bill, continued

 
 

(3)    

Amend section 28K of the Wildlife and Countryside Act 1981 (management

 

notices) as follows.

 

(4)    

In subsection (1) (b) for “land is of special interest” substitute “management

 

scheme has been established”.’.

 


 

Mr Oliver Letwin

 

Mr James Paice

 

 

Not called  1

 

Page  2,  line  16  [Clause  2],  leave out ‘contributing’ and insert ‘working with local

 

organisations and businesses to contribute.’.

 

Mr Oliver Letwin

 

Mr James Paice

 

 

Not called  2

 

Page  2,  line  17  [Clause  2],  at end insert ‘and

 

(f)    

ensuring that where there is irreconcilable conflict between aspects of its

 

functions priority is given to the conservation of the natural

 

environment.’.

 


 

Secretary Margaret Beckett

 

Agreed to  17

 

Page  6,  line  25  [Clause  15],  at end insert—

 

‘( )    

The power to give guidance under this section includes power to vary or revoke

 

it.’.

 


 

Mr Oliver Letwin

 

Mr James Paice

 

 

Not called  3

 

Page  7,  line  29  [Clause  19],  after ‘making’, insert ‘and publishing’.

 


 

Secretary Margaret Beckett

 

Agreed to  18

 

Page  13,  line  14  [Clause  38],  at end insert—

 

‘( )    

Before giving any directions under this section, the Secretary of State must

 

consult the National Assembly for Wales, the Scottish Ministers and the relevant

 

Northern Ireland department.’.


 
 

Report Stage Proceedings: 11th October 2005              

61

 

Natural Environment and Rural Communities Bill, continued

 
 

Mr Colin Breed

 

Norman Baker

 

Not called  14

 

Page  13,  line  34  [Clause  40],  leave out from ‘functions’, to end of line 36, and

 

insert ‘further the conservation of biodiversity, so far as is consistent with the proper

 

exercise of those functions’.

 


 

Mr Elfyn Llwyd

 

Not called  36

 

Page  14,  line  6  [Clause  40],  at end insert—

 

‘(3A)    

Each public authority having obligations under this section shall publish a report,

 

before the end of each calendar year, setting out the decisions it has made and the

 

actions it has taken to fulfil its obligations under this section.’.

 


 

Mr Oliver Letwin

 

Mr James Paice

 

 

Not called  8

 

Page  16,  line  11,  leave out Clause 44.

 

Mr Oliver Letwin

 

Mr James Paice

 

 

Not called  4

 

Page  16,  line  13  [Clause  44],  after ‘premises’, insert ‘which he has reason to

 

believe may be relevant.’.

 

Mr Oliver Letwin

 

Mr James Paice

 

Not called  9

 

Page  16,  line  31  [Clause  45],  leave out ‘and 44’ and insert ‘, [Enforcement powers

 

in connection with pesticides: entry and search by force without a warrant] and

 

[Enforcement powers in connection with pesticides: entry and search with a warrant]’.

 

Mr Oliver Letwin

 

Mr James Paice

 

Not called  10

 

Page  16,  line  41  [Clause  45],  at end insert—

 

‘(5)    

“Inspector” means—

 

(a)    

a person authorised in writing by the Secretary of State to exercise the

 

powers under sections [Enforcement powers in connection with

 

pesticides: entry and search by force without a warrant] and

 

[Enforcement powers in connection with pesticides: entry and search

 

with a warrant] in relation to England;

 

(b)    

a person authorised in writing by the National Assembly for Wales to

 

exercise the powers under sections [Enforcement powers in connection

 

with pesticides: entry and search by force without a warrant] and


 
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