(1)F1. . . subject to subsection (2) below, the Minister may by order forbid either absolutely or except under a licence granted under this section, the import into, or the keeping or the release, in any part of England and Wales of live fish, or the live eggs of fish, of a species which is not native to England and Wales and which in the opinion of the Minister might compete with, displace, prey on or harm the habitat of any freshwater fish, shellfish or salmon in England and Wales.
(2)Before determining whether or not to make an order under this section, the Minister shall consult [F2Natural England] ,[F3the Natural Resources Body for Wales] and any other person with whom the Minister considers that consultation is appropriate.
(3)The Minister may, subject to such conditions as he thinks fit, grant a licence to any person to import [F4keep or release] live fish, or the live eggs of fish, of a species specified in an order under this section and the Minister may revoke or vary any such licence.
(4)An order under this section may, with the consent of the Treasury, authorise the making of a charge for a licence under this section and shall specify a maximum charge.
(5)The power conferred by this section to make orders shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 1(1) omitted (27.3.2009) by virtue of The Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 45, Sch. 2 para. 5
F2Words in s. 1(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 62; S.I. 2006/2541, art. 2
F3Words in s. 1(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 158 (with Sch. 7)
F4Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 37(2)
Modifications etc. (not altering text)
C1S. 1 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))