PART 4ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS
Introduction of new species
Introduction of new species from ships52
1
It is an offence for any person on board a ship in any relevant part of the marine area deliberately to introduce into that area, other than in accordance with paragraph (3), any live animal or plant of a kind having a natural range which does not include any area in Great Britain.
2
For the purposes of paragraph (1), “relevant part” means any part where the introduction would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere).
3
An introduction is in accordance with this paragraph if—
a
it resulted from a discharge of water carried as ballast and the discharge was necessary for the purpose of protecting the safety of any person or ship; and
b
all reasonably practicable steps were taken—
i
to avoid its occurring in an area where it would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere), and
ii
to minimise any risk of such prejudice.
4
In any proceedings for an offence under this regulation, it is for the defendant to show that the introduction in question was in accordance with paragraph (3).
5
The appropriate authority may issue guidance about steps which may be taken to avoid committing an offence under this regulation.
6
In any proceedings for an offence under this regulation—
a
where the offence is alleged to have been committed in England, a court must have regard to any guidance issued by the Secretary of State under paragraph (5); and
b
where the offence is alleged to have been committed in Wales, a court must have regard to any guidance issued by the Welsh Ministers under paragraph (5).
7
A person guilty of an offence under this regulation is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
8
Section 1492 of the WCA 1981 (introduction of new species etc.) does not apply in relation to any act which is an offence under this regulation.