invasive alien species order 2019

A stop notice must include information as to—. (c)search or examine anything which that person may be using or which is in that person’s possession if the constable or designated customs official suspects with reasonable cause that evidence of the commission of the offence is to be found on it. Location at which specimens will be kept: 5. Subsection (1)(a) does not apply to species included on 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. 1966 c. 36. (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. Requests in writing can be made to the Centre for International Trade, Animal and Plant Health Agency, Horizon House, Deanery Road, Bristol, BS1 5AH. furnishes a document or information which is false in a material particular, to have been committed with the consent or connivance of an officer, or. 5.—(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. It also provides enforcement provisions and prescribes offences and penalties. (7) A variable monetary penalty paid to the regulator under this paragraph must be paid into—. For information about the species currently included on this list, click here. (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. what compliance or restoration is required and the period within which it must be completed; the consequences of failing to comply with the notice. bring onto the premises such equipment, vehicles or materials. the Welsh Consolidated Fund, where the regulator is the Natural Resources Body for Wales. The suite of sanctions available to the regulator (defined in paragraph 1 of Schedule 3) consists of compliance, restoration and stop notices, fixed and variable monetary penalties, as well as the ability to accept third party undertakings and enforcement undertakings. an adverse impact on biodiversity or related ecosystem services results, or in the opinion of the permitting authority is likely to result, from—, any failure to comply with a condition of a permit; or, the specimen to which the permit relates has—. publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any specimen of a species included in Part 3 of Schedule 2. an offence under paragraph (2), (3) or (4). transferred to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). (2) The first report must be published before 1st October 2024. (3) The condition in this paragraph is that, at all material times—, (a)the animal was kept for the purpose of transporting it to—. 11.—(1) After the end of the period for making representations and objections, the regulator must decide whether to impose the requirements described in the notice of intent, with or without modifications. be accompanied by such other persons, and. ascertaining whether a condition of a permit or of a licence is being or has been complied with. (4) A licence under this article must specify—. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Article 41. 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). Read More. in any part of the waters in any area designated under section 84(4) of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)(22); “ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed; is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and. (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. 15 August 2019. (2) A cost recovery notice is a notice requiring the person to pay the regulator’s costs. The core of the IAS Regulation is the list of Invasive Alien Species of Union concern(the Union list). 43.—(1) The Secretary of State, in relation to England, must from time to time—, (a)carry out a review of the regulatory provisions contained in this Order; and. action (including the payment of a sum of money) to be taken by the person to benefit any person affected by the offence. (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. it relates to controls on imports into and exports from the United Kingdom; it relates to the offshore marine area; or. If it is not a species of Union concern, then the Wildlife & Countryside Act (WAC; Section 14, Schedule 9) still applies 2. (2) If a person has complied partly but not fully with an undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person. 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. (3) A compliance notice may not be imposed on more than one occasion in relation to the same act or omission. (d)the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(29). the regulator’s decision was unreasonable; the amount offered was based on incorrect facts; or. (4) A person on whom a stop notice is served may at any time apply for a completion certificate. Commission Implementing Regulation (EU) 2019/1262 of 25 July 2019 amending Implementing Regulation (EU) 2016/1141 to update the list of invasive alien species of Union concern. Introduction 1.1. (a)seizure is necessary for the purpose of determining whether an offence under this Order is being or has been committed; (b)it is a specimen which has been imported or is being kept in contravention of the Principal Regulation; (c)seizure is necessary for the conservation of evidence; or. Section 22(5) was amended by section 25(5) of the Infrastructure Act 2015 (c. 7). (a)require that any relevant organism in the possession of any person is made available for examination by the enforcement officer; (b)in order to determine the identity or ancestry of any relevant organism, require the taking of a sample of that relevant organism, provided that—, (i)where the sample is to be taken from a live animal—, (aa)it is taken by a registered veterinary surgeon; and, (bb)the taking of the sample will not cause any avoidable pain, distress or suffering; and. Section 84(4) was substituted by paragraph 4 of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23). 6.—(1) If the regulator proposes to serve on a person a compliance notice, a restoration notice or a notice imposing a fixed or variable monetary penalty under this Part, it must serve on that person a notice of what is proposed (a “notice of intent”). S.I. (b)a person purporting to act in any such capacity. (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. (i)article 35(1)(a) (permits for research or ex situ conservation); (ii)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. (5) This paragraph does not apply to a person who has discharged a fixed monetary penalty in accordance with paragraph 8. Cardiospermum grandiflorum. Cortaderia jubata. (a)where reasonable efforts to agree an appointment have failed; (b)where the enforcement officer reasonably believes that giving notice would defeat the object of the entry; (c)where the enforcement officer has reasonable grounds for suspecting that an offence under this Order is being or has been committed; or, (a)on an application made by an enforcement officer, or a justice of the peace (in England or Wales), sheriff or summary sheriff (in Scotland) or lay magistrate (in Northern Ireland) is satisfied that—, (i)there are reasonable grounds to suspect that an offence under this Order is being or has been committed and that evidence of the offence may be found on any premises; or, (ii)there is a need to ascertain whether a condition of a permit or of a licence is being or has been complied with; and. (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. Please be aware that to allow for a longer consultation, and consultation analysis period, the coming into force date for the Invasive Alien Species (Enforcement and Permitting) Order 2019, will be amended from 1 October 2019 to 1 December 2019. sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) apply. 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. 2 August 2017. where reasonable efforts to agree an appointment have failed; where the enforcement officer reasonably believes that giving notice would defeat the object of the entry; where the enforcement officer has reasonable grounds for suspecting that an offence under this Order is being or has been committed; or, on an application made by an enforcement officer, or a justice of the peace (in England or Wales), sheriff or summary sheriff (in Scotland) or lay magistrate (in Northern Ireland) is satisfied that—, there are reasonable grounds to suspect that an offence under this Order is being or has been committed and that evidence of the offence may be found on any premises; or, there is a need to ascertain whether a condition of a permit or of a licence is being or has been complied with; and. (11) A permitting authority must undertake such inspections as it considers appropriate of establishments to which a permit issued under paragraph (1) relates in order to ensure that the conditions of that permit are being complied with. 6. (a)the invasive alien species to which the licence relates; (b)where the licensing authority considers it appropriate, the number or volume of specimens to which the licence relates; (c)the conditions subject to which the action authorised by the licence may be taken and in particular—. “biodiversity” means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems; “ecosystem services” means the direct and indirect contributions of ecosystems to human wellbeing; “prohibited action” means any action specified in Table 1 of Schedule 1. (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be), or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be), or to both. 19.—(1) It is defence to a charge of committing an offence under article 3(2) to (4) if the person charged (“P”) shows that P took all reasonable steps and exercised all due diligence to avoid committing the offence. as the enforcement officer considers necessary. )(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). to have been committed with the consent or connivance of a partner, or. to be attributable to any neglect on the part of an officer, a director, manager, secretary or other similar officer of the body; or. Designated customs officials and enforcement officers may use reasonable force, if necessary, in the exercise of the powers conferred by articles 22 to 27. 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. (6) The regulator may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court. 2007/1388. 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. 1999/672, to which there are amendments not relevant to this Order. (ii)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). (b)to be attributable to any neglect on the part of such an officer. 1972 c. 68. Invasive Alien Species (Enforcement and Permitting) Order 2019 1. the circumstances in which the regulator is likely to accept an enforcement undertaking; and. ), after subsection (4) insert—. if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. (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. (b)a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved. examine, photograph or mark any part of the premises or any object on the premises; open any bundle, container, package, packing case or item of personal luggage, or require the owner or any person in charge of it to open it in the manner specified by the enforcement officer; make copies of any documents or records (in whatever form they may be held); and, produce any document or record that is in that person’s possession or control; and. any provision in legislation which applies in relation to Northern Ireland and which enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Principal Regulation. 36.—(1) Subject to the provisions of this article, the licensing authority may grant a licence for the purposes specified in paragraph (2). (c)a third party or enforcement undertaking has been accepted from that person (see paragraphs 10 and 24). (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. Areas have been designated under section 1(7) by S.I. where the sample is to be taken from a live plant or fungus, the taking of the sample will not cause lasting harm to the plant or fungus. It also reproduces a small number of existing offences contained in the Wildlife and Countryside Act 1981 (c. 69) that are disapplied by Part 9. any subspecies or lower taxon of a species. 8. any power to seize the item conferred by this article includes power to seize the container. Importer (where applicable): Tel No: Email address: 4. The regulator may at any time in writing—. a certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence to justify the proceedings is conclusive evidence of that fact; and. 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. 15 August 2019. Invasive species First Report of Session 2019 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 15 October 2019 HC 88 Published on 25 October 2019 by authority of the House of Commons. (a)the grounds for serving the stop notice; (c)the steps the person must take to comply with the stop notice and the period within which they must be completed; (e)the consequences of failing to comply with the notice. brought into the territory of the Union, including transit under customs supervision; The common name or names given in the first column are included by way of guidance only; in the event of any dispute or proceedings, the common name or names will not be taken into account. any provision in legislation which applies in relation to Northern Ireland 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; article 35 (permits for activities relating to invasive alien species) of this Order; any provision in legislation which applies in relation to Scotland and which enables permits to be issued in accordance with Article 8 or 9 of the Principal Regulation; or. (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). (2) It must specify the period within which the action must be completed. (5) In a case where a relevant organism was being exported, or has been brought to a place for the purpose of export, and relevant proof is not provided to the satisfaction of the designated customs official or enforcement officer, as the case may be, within 5 working days of seizure—, (a)where an enforcement officer considers it appropriate, the relevant organism may be released to the exporter, provided such release would not result in the commission of an offence under article 3, or. It aims at ensuring a higher level of environmental protection through preventative decision-taking in the case of risk. (a)in the case of an item seized from a person, the person from whom the item was seized; (b)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; (c)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; (d)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. This relates to Regulation (EU) No. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. imposed on the person a compliance notice under paragraph, imposed on the person a restoration notice under paragraph, imposed on the person a variable monetary penalty under paragraph, served on the person a stop notice under paragraph. 3.—(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. the grounds for serving the proposed notice; the requirements of the proposed notice and, in the case of a penalty, the amount to be paid; in the case of a fixed monetary penalty, a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was received and information on the effect of such a discharge payment; and, the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received; and. the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Principal Regulation (transitional provisions for non-commercial owners). (4) In so far as any act authorised by a 1932 Act licence would otherwise be an offence under this Order unless authorised by a licence, and could have been authorised by such a licence, the 1932 Act licence has effect for the purposes of this Order as such a licence, authorising that act to the extent authorised by the 1932 Act licence, and (so far as relevant to the offence in question) subject to the conditions to which the 1932 Act licence is subject. (b)an offence under the Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015(33). publish a report setting out the conclusions of the review. (3) In so far as any act authorised by a 1932 Act licence 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 1932 Act licence has effect for the purposes of this Order as such a permit, authorising that act to the extent authorised by the 1932 Act licence, and (so far as relevant to the offence in question) subject to the conditions to which the 1932 Act licence 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. G ) any circumstances in which the regulator under this article to anything done under, and are met in. Such equipment, vehicles or materials regulations 2014 ( 32 ). ” the official referred... Tribunal may, in relation to the regulator may reduce the amount specified in paragraph ( 1 the! 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