(2) This Order applies to the Isles of Scilly as if the Isles were a county and the Council of the Isles were a county council. 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species(5) to be construed as references to that list as amended from time to time. the period within which payment must be made (“the payment period”), which must be not less than 56 days; in the case of a fixed monetary penalty, details of the early payment discount (see paragraph 14) and late payment penalties (see paragraph 16(2) and (3)); that the decision was based on an error of fact; in the case of a variable monetary penalty, that the amount of the penalty is unreasonable; in the case of a non-monetary requirement, that the nature of the requirement is unreasonable; that the decision was unreasonable for any other reason; that the decision was wrong for any other reason. 33.—(1) The regulator may give a costs recovery notice if any of the conditions in sub-paragraph (3) are met. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Different options to open legislation in order to view more content on screen at once. (a)the circumstances in which the civil sanction is likely to be imposed; (b)the circumstances in which it is not likely to be imposed; (c)where relevant, rights to make representations and objections; (e)in the case of guidance about variable monetary penalties and non-compliance penalties, the matters likely to be taken into account by the regulator in determining the amount of the penalty (including voluntary reporting by a person of the person’s own non-compliance). The Invasive Alien Species (Enforcement and Permitting) Order 2019 gives effect to EU regulations on the prevention and management of the spread of invasive alien species. 2.—(1) The Prohibition of Keeping of Live Fish (Crayfish) Order 1996(37) is amended as follows. Actions relating to grey squirrels will not be made exempt from the provisions of the planned Invasive Alien Species (Enforcement and Permitting) Order 2019. (b)on the request of an enforcement officer. to be attributable to any neglect on the part of an officer, a director, manager, secretary or other similar officer of the body; or. humanely dispatched (in the case of animals) or destroyed (in the case of plants, fungi or micro-organisms); or. 35.—(1) A permitting authority may issue to an establishment a permit which authorises it to carry out any prohibited action in relation to a specimen where it is carried out in the course of one or more of the following activities—. 2.—(1) This paragraph applies where the regulator is satisfied on the balance of probabilities that a person has committed an offence under Part 2 of this Order. If an escape or spread occurs, the contingency plan is to be implemented immediately and the permit may be withdrawn, temporarily or permanently. (2) Nothing in this article authorises a strip search or an intimate search. (ii)the circumstances in which the regulator may not serve the proposed notice. (2) In paragraph (1), “officer”, in relation to a body corporate, means—, (a)a director, manager, secretary or other similar officer of the body; or. any other restriction on the disclosure of information (however imposed). 36. 159 1. (ii)to an establishment or facility which is authorised to keep it by a permit or licence (as the case may be); or. (b)in the case of an offence under article 5, as from the time when the falsification or alteration was made. the methods, means and arrangements by which the action authorised by the licence may be taken; the area or areas within which the action authorised by the licence may be taken; when or over what period the action authorised by the licence may be taken; and. NBN Atlas Wales (3) A permit may not be issued under paragraph (1)(a) or (b) to authorise—. may order the forfeiture of any vehicle, equipment or other thing which was used to commit the offence. offences relating to imports into or exports from the United Kingdom; the Natural Resources Body for Wales in relation to Wales unless sub-paragraph (a)(iii) applies. “(6) The “Union list” means the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, as amended from time to time.”. Yes 1 person thinks so. 26.Power of seizure for purposes of investigation etc. (2) The regulator may not serve a notice of intent relating to a compliance notice, a restoration notice, or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—, (a)a fixed monetary penalty has been imposed on that person; or. Section 164(5) was inserted by section 10(3) of the Finance Act 1988 (c. 39). (a)ascertaining whether an offence under this Order is being or has been committed; (b)verifying information supplied by a person for the purpose of obtaining a permit or a licence; or. (4) Where re-dispatch of the relevant organism under paragraph (2) would contravene the Principal Regulation, or is not reasonably practicable, an enforcement officer may arrange—, (i)where the enforcement officer is satisfied it is a specimen, for its humane dispatch (in the case of animals) or destruction (in the case of plants, fungi or micro-organisms); or. the cases in which civil sanctions have been imposed; where the civil sanction is a compliance notice, a restoration notice or variable monetary penalty, the cases in which a third party undertaking has been accepted; the cases in which an enforcement undertaking has been accepted. (b)bring onto the premises such equipment, vehicles or materials. county councils, district councils, Port Health Authorities, London borough councils; and. It is a defence to a charge of committing an offence under article 3(1) in relation to a breach of the restrictions in Article 7(1)(b) (keeping) or (d) (transportation) of the Principal Regulation to show that the specimen to which the alleged offence relates—, (a)was received from a keeper of commercial stocks in accordance with article 18(3)(d) (transitional provisions for commercial stocks); and. where the designated customs official suspects that it is a specimen; or. 24.—(1) Where an enforcement officer has reasonable grounds to suspect a specimen is being kept at premises, other than premises used wholly or mainly as a private dwelling, the enforcement officer may, at a reasonable time and on giving reasonable notice, enter, search and inspect those premises, for the purpose of—. Section 14ZA was inserted by section 50 of the Natural Environment and Rural Communities Act 2006 (c. 16) and amended by section 25(3) of the Infrastructure Act 2015 (c. 7). 1964 c. 29. Areas have been designated under section 1(7) by S.I. 19. As defined by section 1 of the Fishery Limits Act 1976 (c. 86). Common milkweed. (b)a person purporting to act in such a capacity. Regulation (EU) 1143/2014 on invasive alien species(the IAS Regulation) entered into force on 1 January 2015, fulfilling Action 16 of Target 5 of the EU 2020 Biodiversity Strategy,as well as Aichi Target 9 of the Strategic Plan for Biodiversity 2011-2020under the Convention of Biological Diversity. 2 August 2017 (3) In so far as any act authorised by a 2014 Regulations permit would otherwise be an offence under this Order unless authorised by a permit issued under article 35(1)(a) or (b), and could have been authorised by such a permit, the 2014 Regulations permit has effect for the purposes of this Order as such a permit, authorising that act to the extent authorised by the 2014 Regulations permit, and (so far as relevant to the offence in question) subject to the conditions to which the 2014 Regulations permit is subject and the conditions specified in paragraphs 2 and 3 of Article 8 of the Principal Regulation (permits) and set out in Table 2 of Schedule 1. Invasive Alien Species Order 2019 We are incredibly disheartened that the Government have introduced the EU Regulation on ‘Invasive Alien Species’ which affects muntjac deer and grey squirrels. any circumstances in which the regulator may reduce the amount of the penalty. 1987/1265 (as amended by S.I. a person purporting to act in such a capacity. Durchführungsverordnung (EU) 2019/1262 der Kommission vom 25. (4) A licence under this article must specify—. (b)a person purporting to act in any such capacity. (c)withdraw a notice imposing a variable monetary penalty or a non-compliance penalty, or reduce the amount of the penalty specified in the notice. 5. (5) In this article, “2015 Regulations permit” means a permit granted under regulation 6 of the Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 (grant of permit). that person may not at any time be convicted of an offence under Part 2 of this Order in respect of the act or omission giving rise to the compliance notice, restoration notice, third party undertaking, variable monetary penalty or fixed monetary penalty, except in a case falling within paragraph (1)(a) or (b) (and not also falling within paragraph (1)(c)) where the person fails to comply with the compliance notice, restoration notice or third party undertaking (as the case may be). 16.—(1) It is a defence to a charge of committing an offence under article 3(1) in relation to a breach of the restrictions in Article 7(1)(b) (keeping) or (d) (transportation) of the Principal Regulation to show that the specimen to which the alleged offence relates—, (a)immediately before its inclusion on the Union list, was kept as a companion animal; and. (2) Where the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged is not, without leave of the court, entitled to rely on the defence unless, within a period ending seven clear days before the hearing, the person has served on the prosecutor a notice giving such relevant information as was then in the person’s possession. All events related to the invasive alien species assessment are listed below. 1. (3) Subsequent reviews must be carried out at intervals not exceeding five years. seizure is necessarily incidental to seizure of a thing pursuant to sub-paragraph (a), (b) or (c). makes a statement or representation which is false in a material particular, or. Section 70 was amended by section 10(6) of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) (subject to savings); section 28 of the Criminal Proceedings etc. the purpose in keeping the animal was to keep it as a companion animal; the animal was kept in contained holding and appropriate measures were in place to ensure that the animal could not reproduce or escape. ascertaining whether a condition of a permit or of a licence is being or has been complied with. L317, 4.11.2014, p.35) (the Principal Regulation). 21.—(1) The regulator must issue a certificate (a “completion certificate”) if, after service of a stop notice, the regulator is satisfied that the person on whom it was served has taken the steps specified in the notice. 1955/554 and 1992/3302. (ii)was not carried out after the end of the relevant period following the inclusion of the species to which the specimen in question belongs on the Union list. stop and detain the vehicle for the purposes of entering and searching it; and. Balloon vine. require that any relevant organism in the possession of any person is made available for examination by the enforcement officer; in order to determine the identity or ancestry of any relevant organism, require the taking of a sample of that relevant organism, provided that—, where the sample is to be taken from a live animal—, it is taken by a registered veterinary surgeon; and, the taking of the sample will not cause any avoidable pain, distress or suffering; and. (2) A person who, for the purpose of the notice referred to in article 19(2), makes a statement or representation which is false in a material particular is guilty of an offence. (3) The regulator may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with. (2) An enforcement undertaking ceases to have effect on the issue of a discharge certificate. (4) If an offence under this Part committed by a partnership is proved—. (3) In paragraph (2), “relevant information” means information which identifies or assists in the identification of the other person. that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty. Eichhornia crassipes . (c)ascertaining whether a condition of a permit or of a licence is being or has been complied with. Animals and plants to which Articles 3(2) to (4) apply, Animals to which the offence in article 3(2) applies, Plants to which the offence in article 3(3) applies, Species to which the offences in article 3(4) apply. what compliance or restoration is required and the period within which it must be completed; the consequences of failing to comply with the notice. (b)acting for a purpose connected with the enforcement of this Order. CN code: 8. in the case of an item seized from a person, the person from whom the item was seized; in the case of an item seized from a vehicle, any person who appears to the enforcement officer to be the owner of the vehicle, or otherwise in charge of the vehicle; in the case of an item seized from premises, any person who appears to the enforcement officer to be the occupier of the premises, or otherwise in charge of the premises; in any other case, or where the enforcement officer believes that the item may belong to any person not falling within sub-paragraph (a) to (c), to the person to whom the enforcement officer believes the item belongs. 1981 c. 69. (3) Any relevant organism detained under this article may, if the designated customs official considers it appropriate, be transferred to an enforcement officer, who may hold the relevant organism for a period not longer than the remainder of the detention period referred to in paragraph (2). (6) A licence may be modified, suspended, or revoked at any time by the licensing authority, but is otherwise valid for the period stated in the licence. 1971 c. 80. (6) In this article, “regulatory provision” has the same meaning as in sections 28 to 33 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act). be accompanied by such other persons, and. (8) An enforcement officer who enters premises by virtue of this article may—. Juli 2019 zur Änderung der Durchführungsverordnung (EU) 2016/1141 zwecks Aktualisierung der Liste invasiver gebietsfremder Arten von EU-weiter Bedeutung . (d)the period within which payment must be made (“the payment period”), which must be not less than 56 days; (e)in the case of a fixed monetary penalty, details of the early payment discount (see paragraph 14) and late payment penalties (see paragraph 16(2) and (3)); (g)the consequences of failing to comply with the notice. (3) In Schedule 9 (animals and plants to which section 14 applies)—, (a)in Part 1 (animals which are established in the wild) omit the following entries—, (ii)for the entry in respect of “Waterweeds” substitute—, (4) In Schedule 9A (species control agreements and orders)—, (a)in sub-paragraph (2) of paragraph 1 (overview), for paragraphs (a) and (b) substitute—. Areas have been designated under section 1(7) by S.I. 12. (Reform) (Scotland) Act 2007 (asp 6); section 67 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13); and SSI 2001/128. at all material times was kept in contained holding and appropriate measures were in place to ensure that the specimen could not reproduce or escape. Read More. (a)implementation of an eradication measure pursuant to Article 17 of the Principal Regulation (rapid eradication at an early stage of invasion); (b)implementation of a management measure pursuant to Article 19 of the Principal Regulation (management measures); (c)the commercial use, on a temporary basis, of an invasive alien species as part of a management measure pursuant to Article 19(2) of the Principal Regulation (commercial use of invasive alien species which are already established); or. (i)in the case of a specimen of an animal species, escaped from contained holding; (ii)in the case of a specimen of a species of plant, fungus or micro-organism, spread beyond contained holding. 15 August 2019. (c)carry out work on the premises in the manner directed by an enforcement officer. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. (3) A person who plants or otherwise causes to grow in the wild any specimen which is of a species of plant which is included in Part 2 of Schedule 2 is guilty of an offence. (b)an order is made under paragraph (2), and the amount specified in the order is not paid. (3) The regulator must take into account any third party undertaking that it accepts in its decision as to whether or not to serve a final notice, and, if it serves a notice imposing a variable monetary penalty, the amount of the penalty. A final notice relating to a compliance notice or a restoration notice must include information as to—. Importer (where applicable): Tel No: Email address: 4. 2 August 2017. This is the original version (as it was originally made). No changes have been applied to the text. The upcoming Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 comes into force on 1 December 2019. (2) An enforcement officer may destroy or otherwise dispose of any sample taken under this article when the sample is no longer required. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. The Order also fulfils our obligations under the EU regulation to manage our widespread invasive non-native species. 2007/1388. 36 (2) (a) or . The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. Parts 3 and 4 contain defences and penalties, respectively. (5) The regulator must decide whether to issue a discharge certificate, and give written notice of the decision to the applicant (including information as to the right of appeal), within 14 days of such an application. (b)where the enforcement officer is satisfied it is a specimen, may be humanely dispatched (in the case of animals) or destroyed (in the case of plants, fungi or micro-organisms) as the enforcement officer sees fit. L317, 4.11.2014, p.35) (the Principal Regulation). Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (5) A fixed monetary penalty paid to the regulator under this paragraph must be paid into—, (a)the Consolidated Fund, where the regulator is Natural England; and. Part 7 provides for the issue of permits in accordance with Articles 8 and 9 of the Principal Regulation (article 35). a species of animal or plant included on the Union list, an invasive non-native species of animal or plant not falling within sub-paragraph (a), or. Section 18(3) was amended by S.I. (b)that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty. 1987/1265 (as amended by S.I. (3) The condition in this paragraph is that, at all material times—, (a)the animal was kept for the purpose of transporting it to—. Invasive Species Compendium. (b)leave the premises as effectively secured against unauthorised entry as they were before entry. Invasive alien species of social insects have been documented to reduce the diversity of native insects. 42. (3) Any reference in this Order to five working days, in relation to the detention of a relevant organism, is a reference to a period of 120 hours calculated from the time when the detention occurs, but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(14) in the part of the United Kingdom where the goods are seized. 17. 1.Citation, commencement, extent and application, 3.Import, keeping, breeding, purchase, release etc. The Secretary of State has been designated for the purposes of section 2(2) of the 1972 Act in relation to the environment(3), and the Welsh Ministers have been designated for those purposes in relation to the prevention and remedy of environmental damage(4). article 36(2)(d) (licences for the keeping of animals by a facility); any provision in legislation which applies in relation to Scotland and which enables licences to be granted for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Principal Regulation; or. Project Proposal for (Insert name of project /title) Site Address: Local Authority: Version Number: Date: Completed by: Guidance. (3) Part 6 does not extend to Scotland or Northern Ireland. (5) For the purposes of paragraph (1)(b)(ii), the relevant period is—. (4) The regulator may recover any fixed monetary penalty imposed under this paragraph as if payable under an order of the court. (commonly known as the Atlantic stream, or white-clawed, crayfish); (commonly known as the spiny-cheek crayfish); (commonly known as the red swamp crayfish); and. 7.—(1) The regulator may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—. (7) The person to whom the costs recovery notice is given may appeal against it. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12), and by paragraph 36 of Part 2 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16). (4) This article does not limit the circumstances in which information may be exchanged apart from this article. (iii)offences relating to imports into or exports from the United Kingdom; (b)the Natural Resources Body for Wales in relation to Wales unless sub-paragraph (a)(iii) applies. (b)be granted any licence, or granted a licence for a particular purpose. 29.—(1) If a person does not comply with an enforcement undertaking, the regulator may, in the case of an offence committed under Part 2 of this Order —, (a)serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or.