[F114DPower to make species control ordersS
(1)A relevant body may make an order (a “species control order”) in respect of premises where—
(a)it is satisfied of the presence on the premises of—
(i)an invasive animal at a place outwith its native range; or
(ii)an invasive plant at a place outwith its native range; and
(b)any of subsections (2) to (4) applies.
(2)This subsection applies where—
(a)the relevant body has offered to enter into an agreement with the owner or, as the case may be, occupier of the premises to control or eradicate—
(i)invasive animals outwith their native range; or
(ii)invasive plants outwith their native range,
on the premises (referred to in this section as a “species control agreement”);
(b)42 days have elapsed since the date of the offer; and
(c)the owner or occupier has refused or otherwise failed to enter into the agreement.
(3)This subsection applies where—
(a)a person has entered into a species control agreement with the relevant body; and
(b)the person has failed to comply with the terms of the agreement.
(4)This subsection applies where the relevant body has failed to ascertain the name or address of any owner or occupier of the premises (having made reasonable efforts to do so) and accordingly has not been able to offer to enter into a species control agreement.
(5)Subsection (4) does not apply unless—
(a)the relevant body has given notice in accordance with subsection (6) stating that it wishes to offer to enter into a species control agreement;
(b)48 hours have passed since the notice was given; and
(c)no owner or occupier of the premises has identified themselves to the relevant body.
(6)A notice under this subsection must be addressed to “The owners and any occupiers” of the premises (describing it) and a copy of it must be affixed to some conspicuous object on the premises (in so doing the relevant body is to be treated as having provided notice to each owner or occupier whose name and address is unknown).]
Textual Amendments
F1Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)