Countryside and Rights of Way Bill — Local sites — 14 Jun 2000
I beg to move amendment No. 274, in page 35, line 11, at end insert--
'(3) After section 15 of the Countryside Act 1968 there is inserted--
"Compulsory purchase
15A.--(1) The Nature Conservancy Council may in circumstances set out in subsection (2) acquire compulsorily all or any part of the land referred to in section 15(2).
(2) The circumstances are--
(a) that the Nature Conservancy Council are satisfied that they are unable to conclude, on reasonable terms, such an agreement as is referred to in section 15(2), or
(b) that they have entered into such an agreement, but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily.
(3) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.
(4) Where the Nature Conservancy Council have acquired land compulsorily under this section, they may--
(a) themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or
(b) dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.
(5) In this section, "Nature Conservancy Council" means the Nature Conservancy Council for England as respects land in England, and the Council as respects land in Wales."'.
the Council as respects land in Wales
Amendment agreed to.
I beg to move amendment No. 281, in page 81, line 16, leave out from "functions" to end of line 17 and insert--
'so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.'.
Amendment agreed to.
Amendments made: No. 216, in page 84, line 30, leave out--
I beg to move amendment No. 283, in page 87, line 47, at beginning insert "subject to subsection (4A),".
Mr. Deputy Speaker:
With this it will be convenient to discuss the following: Government amendments Nos. 284 to 286.
Amendment agreed to.
Amendments made: No. 284, in page 87, line 49, after "1990" insert--
I beg to move amendment No. 275, in page 35, line 28, at end insert--
'(1A) Subject to subsection (1B), upon receipt of a notification under subsection (1), each Council notified shall, in turn, notify--
(a) the local planning authority in whose area the wetland is situated;
(b) every owner and occupier of any of that wetland;
(c) the Environment Agency; and
(d) every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the wetland.
policy statement highlighting their commitment to protecting and managing Ramsar sites on a par with sites that form part of the European Union's Natura 2000 network . . .--[ Official Report, Standing Committee B , 18 May 2000; c. 741.]
Amendment agreed to.
Amendment made: No. 276, in page 35, line 40, leave out "this Act" and insert--
Amendments made: No. 277, in page 36, line 44, after "(1A)" insert--
'The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).
(1B)'.
No. 278, in page 37, line 8, leave out subsection (5) and insert--
'(5) For subsection (3)(b) there is substituted--
"(b) the purpose of the entry is to ascertain if an offence under section 28M, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land."'.
No. 279, in page 37, line 18, at end insert--
'(3B) If in the exercise of a power conferred by subsection (1) 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.'.
No. 280, in page 37, line 18, at end insert--
'( ) After subsection (4) there is inserted--
"(5) 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 (1) 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 (3B),
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."'. -- [Mr. Meacher.]
I beg to move amendment No. 218, in page 92, line 43, leave out from "In" to "after" in line 44 and insert--
'section 1(5) of the Wildlife and Countryside Act 1981 (offence of intentional disturbance of wild birds)'.
Amendment agreed to.
Amendment made: No. 219, in page 93, line 21, at end insert--
I beg to move amendment No. 97, in page 93, line 21, at end insert--
'4A. For section 14(2) of that Act (introduction of new species) there is substituted--
"(2) Subject to the provisions of this Part, if any person plants, releases or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9 he shall be guilty of an offence.
(2A) Subject to the provisions of this Part, if any person--
(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any living wild plant included in Part II of Schedule 9, or any part of such a wild plant; or
(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells or intends to sell, any of those things,
he shall be guilty of an offence.".'.
prevent the introduction of, control and eradicate alien species . . .
Amendment, by leave, withdrawn.
(2) The Secretary of State and the National Assembly for Wales shall from time to time give guidance with respect to the exercise of the duty of a local authority under subsection (1), and a local authority shall, in adopting and maintaining such a scheme, have regard to that guidance.
(3) Such guidance shall--
(a) specify standards for the identification of sites, notification of owners, occupiers and others and the provision of adequate information and advice as to the management of local sites;
(b) provide for the involvement of voluntary organisations, landowners and others in the adoption and maintenance of the scheme.
(4) It shall be the duty of the Nature Conservancy Council for England and the Countryside Council for Wales periodically to report on the operation and effectiveness of each scheme.
(5) In the formulation and exercise of their functions relating to land under any enactment every Minister, government department, local authority and public body shall further the conservation, restoration and enhancement of local sites.'.-- [Miss McIntosh.]
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker:
With this it will be convenient to discuss new clause 6-- Species Action Plans and Habitat Action Plans --
the best route for dealing with the issue is to use the current biodiversity action planning process.--[ Official Report, Standing Committee B , 18 May 2000; c. 720.]
the Government are prepared seriously to consider placing biodiversity action plans on a statutory footing.--[ Official Report, Standing Committee B , 23 May 2000; c. 820.]
Question put, That the clause be read a Second time:--
The House divided: Ayes 153, Noes 288.
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