Wildlife and Countryside Act 1981 (c. 69)

SCHEDULES

[F1 SCHEDULE 9A E+W Species control agreements and orders (England and Wales)

Textual Amendments

F1 Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2

PART 1 E+W Overview and interpretation

Overview E+W

1 (1) This Schedule provides for— E+W

(a) species control agreements between environmental authorities and owners of premises, and

(b) species control orders made by environmental authorities,

and for related matters.

(2) A species control agreement or species control order may relate to—

[F2 (a) a species of animal or plant included on the [F3 list of species of special concern],

(b) an invasive non-native species of animal or plant not falling within sub-paragraph (a), or

(c) a species of animal that is no longer normally present in Great Britain.]

This is subject to the other provisions of this Schedule.

(3) The following definitions apply for the purposes of this Schedule.

Textual Amendments

F2 Sch. 9A para. 1(2)(a)-(c) substituted for Sch. 9A para. 1(2)(a)(b) (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(4)(a) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))

F3 Words in Sch. 9A para. 1(2)(a) substituted (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(c), 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

Definitions relating to species E+W

2 (1) “Species” means any kind of animal or plant. E+W

(2) A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on—

(a) biodiversity,

(b) other environmental interests, or

(c) social or economic interests.

(3) A species is “non-native” if—

(a) it is listed in Part 1 or 2 of Schedule 9, or

(b) in the case of a species of animal, it is a species—

(i) whose natural range does not include any part of Great Britain, and

(ii) which has been introduced into Great Britain or is present in Great Britain because of other human activity.

(4) References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds).

(5) A species of animal is “no longer normally present in Great Britain” if—

(a) it is a species listed in Part 1B of Schedule 9, or

(b) it is a species—

(i) whose natural range includes all or any part of Great Britain, and

(ii) which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state.

[F4 [F5 (6) The “list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.]]

Textual Amendments

F4 Sch. 9A para. 2(6) inserted (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(4)(b) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))

F5 Sch. 9A para. 2(6) substituted (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(c), 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Environmental authorities E+W

3 (1) “Environmental authority”, in relation to premises in England, means— E+W

(a) the Secretary of State,

(b) the Environment Agency,

(c) Natural England, and

(d) the Forestry Commissioners.

(2) “Environmental authority”, in relation to premises in Wales, means—

(a) the Welsh Ministers, and

(b) the Natural Resources Body for Wales.

Owners and dwellings E+W

4 (1) “Owner”, in relation to premises consisting of land, means— E+W

(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion,

(b) a person in possession under a lease, or

(c) a person who for the time being exercises powers of management or control over the land.

(2) “Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.

Operations E+W

5 (1) “Species control operations” are operations to do one or more of the following— E+W

(a) eradicate a species from premises;

(b) control a species on premises;

(c) prevent a species from returning to premises.

(2) References to “carrying out” operations include arranging for operations to be carried out.]