invasive alien species order 2019

Article 191 of the Treaty on the Functioning of the European Union requires Union policy on the environment to be based on the precautionary principle. Part 8 contains licensing provisions; licences may be granted for a number of different activities, provided specified conditions are met (article 36). Access essential accompanying documents and information for this legislation item from this tab. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. the costs referred to in paragraph (1) are not paid, or. 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. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. (2) The first report must be published before 1st October 2024. (4) The enforcement officer must make reasonable efforts to give a written receipt for anything that is seized to each of the following persons—. Article 3 (import, keeping, breeding, purchase, release etc. (2) A person who releases or allows to escape into the wild any specimen which is of a species of animal which—, (a)is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state, or. (commonly known as the marbled crayfish). one of the grounds specified in paragraph (6) justifying the absence of such notice applies. The regulator may at any time in writing—. (a)a statement that the undertaking is made in accordance with this Schedule; (c)information as to how and when the person is to be considered to have discharged the undertaking. (b)by providing it to any person who asks for it in writing(28). The upcoming Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 comes into force on 1 December 2019. Invasive Alien Species (Enforcement and Permitting) Order 2019. 1), and its effect was continued by paragraph 1 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26). (2) Any relevant organism seized under paragraph (1) may be detained for not more than five working days. (i)the methods, means and arrangements by which the action authorised by the licence may be taken; (ii)the area or areas within which the action authorised by the licence may be taken; (iii)when or over what period the action authorised by the licence may be taken; and. the specimen was kept and transported in contained holding; and. (ii)the transfer of the relevant organism to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). Meeting: 25/03/2019 - Legislation, Justice and Constitution Committee (Item 3) Webcast for 25/03/2019 - Legislation, Justice and Constitution Committee; 3 SL(5)393 - The Invasive Alien Species (Enforcement and Permitting) Order 2019 View item 3 as HTML 22 KB (a)the costs referred to in paragraph (1) are not paid, or. Different options to open legislation in order to view more content on screen at once. It was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 20.—(1) A person guilty of an offence under this Order is liable—. (12) For the purposes of Article 8(2)(b) of the Principal Regulation (permitting activities to be carried out by qualified personnel), “qualified personnel” means employees of the establishment to which a permit has been issued who have been trained in the activity allowed by the permit. (3) But, subject to the time limits contained in paragraphs 17(2) and 29(3) of Schedule 3 (criminal proceedings following failure to comply with a civil penalty), no such proceedings may be commenced more than two years after the commission of the offence. Events. 38. of Invasive Non-native Plants (England) Order 2014, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. (a)sale or transfer to a research or ex situ conservation establishment which holds a relevant permit, provided that the conditions in paragraph (4) apply; (b)medicinal activities pursuant to a relevant permit, provided that the conditions in paragraph (4) apply; (c)humane dispatch (in the case of animals) or destruction (in the case of plants, fungi or micro-organisms) of the specimen to exhaust the keeper’s stock; or. Commission Implementing … (b)an offence under the Destructive Imported Animals Act 1932(30). serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or. The core of the IAS Regulation is the list of Invasive Alien Species of Union concern(the Union list). 1.2. 2004 c. 20. humanely dispatched (in the case of animals) or destroyed (in the case of plants, fungi or micro-organisms); or. 1966 c. 36. a statement that the undertaking is made in accordance with this Schedule; information as to how and when the person is to be considered to have discharged the undertaking. (4) The regulator may recover any fixed monetary penalty imposed under this paragraph as if payable under an order of the court. 36 (2) (b) Method Statement . remain on the premises and from time to time re-enter the premises without the enforcement officer; bring onto the premises any equipment or vehicle that the person considers necessary; and. NBN Atlas Wales (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. Section 2 was amended by S.I. asking for admission to the premises, or giving such notice, would interfere with the purpose or effectiveness of the entry; the premises are unoccupied or the occupier is temporarily absent. 9.—(1) If an offence under this Part committed by a body corporate is proved—, (a)to have been committed with the consent or connivance of an officer, or. (4) A person on whom a stop notice is served may at any time apply for a completion certificate. (a)the stop notice is subsequently withdrawn or amended by the regulator because the decision to serve it was unreasonable or any step specified in the notice was unreasonable; (b)the regulator is in breach of its statutory obligations; (c)the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or. (5) Before serving a notice relating to a variable monetary penalty, the regulator may require the person on whom it is to be served to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the offence. (2) A stop notice ceases to have effect on the issue of a completion certificate. a fixed monetary penalty is served on any person. Abstract. References to England, Wales, Scotland and Northern Ireland include the adjacent territorial sea (article 2). (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. (a)the amount of the costs which must be paid; (b)the period in which payment must be made, which must not be less than 28 days; (d)the consequences of failing to make payment within the specified payment period; and. (b)the Welsh Consolidated Fund, where the regulator is the Natural Resources Body for Wales. (2) For the purposes of such proceedings—, (a)rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and, (b)the following provisions apply as they apply in relation to a body corporate—. Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 53); and paragraph 51 of Schedule 3, and paragraph 1 of Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44). (7) In paragraphs (6) “importer” and “exporter” include any authorised representative of the importer or exporter, as the case may be. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Elodea nuttallii. (4) Any relevant organism seized under paragraph (1)—. 37.—(1) A person may not by reason of the same act be convicted of both—. The Statutory Rule is made under section 2(2) of the European 1.—(1) This Order may be cited as the Invasive Alien Species (Enforcement and Permitting) Order 2019 and comes into force on 1st October 2019. (3) The regulator must have regard to the guidance or revised and updated guidance in exercising its functions. Juli 2019 zur Änderung der Durchführungsverordnung (EU) 2016/1141 zwecks Aktualisierung der Liste invasiver gebietsfremder Arten von EU-weiter Bedeutung . Description: 9. Common milkweed. (c)otherwise been seized following the official controls referred to in Article 15 of the Principal Regulation. Those working with in-scope plants (full list here) need to be aware that the … 2004/2066). Project Proposal for (Insert name of project /title) Site Address: Local Authority: Version Number: Date: Completed by: Guidance. 1964 c. 29. (a)any item which an enforcement officer wishes to seize is in a container, and. (4) The notice must include information as to—. The IAS Regulation provides for a set of measures to b… Article 21 in Part 5 also designates the competent authorities who are responsible for the official controls to prevent the introduction of invasive alien species into the Union pursuant to Article 15 of the Principal Regulation. any other conditions that the licensing authority considers are appropriate. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. (3) Where the relevant organism is required for enforcement purposes, an enforcement officer may arrange for the transfer of the relevant organism to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). Areas have been designated under section 1(7) by S.I. The Order also fulfils our obligations under the EU regulation to manage our widespread invasive non-native species. (a)a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 2, 3, and 18); (b)a variable monetary penalty has been imposed on that person (see paragraph 5); or. (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. 1. (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. any provision in legislation which applies in relation to Northern Ireland and which enables permits to be issued in accordance with Article 8 or 9 of the Principal Regulation. (a)withdraw a compliance notice, restoration notice or stop notice, or amend the steps specified in such a notice in order to reduce the amount of work necessary to comply with the notice; (b)withdraw a notice imposing a fixed monetary penalty; or. in the city of London, the Common Council of the City of London; county councils, county borough councils and Port Health Authorities; councils constituted under section 2 of the Local Government etc. 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). )(18); (iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 (procedure on charge)(19) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(20). for the purposes of paragraph (3)(a), a permit under—, any provision in legislation which applies in relation to Scotland and which enables permits to be issued for research or ex situ conservation in accordance with Article 8 of the Principal Regulation; or. in relation to a licence for a purpose mentioned in paragraph (2)(a), that the licence is subject to such conditions as are, in the opinion of the licensing authority, necessary to meet the aim of ensuring that the eradication plan to which the licence relates will be effective in achieving the complete and permanent removal of the population of the invasive alien species concerned; in relation to a licence for a purpose mentioned in paragraph (2)(c), that there is strict justification and that all appropriate controls are in place to avoid any further spread of the invasive alien species concerned; in relation to a licence for a purpose mentioned in paragraph (2)(d), that all appropriate controls are in place to ensure that reproduction or escape of the animal to which the licence relates is not possible. “(a)a species of animal or plant included on the Union list, (b)an invasive non-native species of animal or plant not falling within sub-paragraph (a), or. Section 18A was inserted, in relation to England and Wales, by paragraph 1 of Part 1 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (c. 16). Some invasive alien species produce impacts that cascade through ecosystems, altering basic ecosystem properties, changing hydrology, nutrient cycles, soil chemistry, and many other biotic and abiotic parameters (Wagner and Van Driesche, 2010). 2014/3303 (W. 336); amended by S.I. EU Regulation 1143/2014 the Invasive Alien Species (Enforcement and Permitting) Order 2019 will come into force on 28 March 2019, a day before the UK is scheduled to leave the EU. (b)the condition in paragraph (2) or the condition in paragraph (3) applies. (2) A stop notice may only be served where—. (iv)in the city of London, the Common Council of the City of London; (iv)county councils, county borough councils and Port Health Authorities; (iv)councils constituted under section 2 of the Local Government etc. The Prohibition of Keeping of Live Fish (Crayfish) (Amendment) Order 1996(34) is revoked. L317, 4.11.2014, p.35) (the Principal Regulation). a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved. Cardiospermum grandiflorum. If an escape or spread occurs, the contingency plan is to be implemented immediately and the permit may be withdrawn, temporarily or permanently. (b)Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC(26). Invasive Alien Species (Enforcement and Permitting) Order 2019 1. 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