Natural Environment and Rural Communities Bill — 27 Feb 2006 at 18:00
moved Amendment No. 293B:
After Clause 49, insert the following new clause-
"CONTROL OF HARMFUL NON-NATIVE SPECIES
(1) In section 22(5) of the 1981 Act (power to vary Schedules), at the end insert-
"(c) add any animals or plants to, or remove any animals or plants from Part III of that Schedule."
(2) After section 14ZB insert-
"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 inform to Parliament of the provisions of the action plan.
(4) Pursuant to subsection (3) and in the 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 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).
(11) For the purposes of compensation assessment, an independent arbitrator shall be appointed by the Secretary of State.
(12) Except where the damage is attributable to the fault of the person who sustained it, any dispute regarding entitlement to, or the amount of, compensation under subsection shall be referred to the arbitrator mentioned in subsection (11).""
On Question, Whether the said amendment (No. 293B) shall be agreed to?
Their Lordships divided: Contents, 104; Not-Contents, 133.
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