Wildlife and Natural Environment Bill
Notice of Amendments Tabled on
31 January 2011 for Further Consideration Stage
Clause 1 , Page 1, Line 4
Leave out ‘further the conservation of’ and insert ‘have regard to the purpose of conserving’
Minister of the Environment
Clause 1 , Page 1
Leave out line 17
Minister of the Environment
Clause 7 , Page 4, Line 13
At end insert -
‘(1) In Article 4 of the Wildlife Order (protection of wild birds, their nests and eggs) for paragraph (4) substitute -
“(4) In paragraph (3) “the relevant provisions” means the provisions of -
(a) t his Part and of orders made under it,
(b) the Wild Birds Protection Acts (Northern Ireland) 1931 to 1968 and of orders made under those Acts,
(c) any other legislation which implements either of the Wild Birds Directives and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964, or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976, and
(d) the law of any member State (other than the United Kingdom) implementing either of the Wild Birds Directives.
(4A) For the purposes of paragraph (4) “the Wild Birds Directives” are -
(a) Council Directive 79/409/EEC on the conservation of wild birds; and
(b) Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds.”.’
Minister of the Environment
New Clause
After clause 14 insert -
‘Possession of pesticides harmful to wildlife
14A. After Article 15A of the Wildlife Order (inserted by section 14) insert -
“Possession of pesticides harmful to wildlife
15B. -(1) A person who is in possession of a pesticide containing a prescribed ingredient shall be guilty of an offence .
(2) A prescribed ingredient is one which is prescribed for the purposes of this Article by an order made by the Department; but the Department may not make an order under this Article unless it is satisfied that it is necessary or expedient to do so in the interests of protecting wild birds or wild animals from harm .
(3) A person shall not be guilty of an offence under this Article if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with -
(a) regulations made under section 16(2) of the Food and Environment Protection Act 1985;
(b) provision made by or under the Poisons (Northern Ireland) Order 1976;
(c) the Biocidal Products Regulations (Northern Ireland) 2001 or any regulations amending or replacing those regulations; or
(d) the Plant Protection Products Regulations (Northern Ireland) 2005 or any regulations amending or replacing those regulations.
(4) In this Article “pesticide” means -
(a) a pesticide as defined by section 16(15) of the Food and Environment Protection Act 1985; and
(b) anything to which Part 3 of that Act applies, by virtue of section 16(16) of that Act, as if it were a pesticide.”.’
Minister of the Environment
Clause 23 , Page 15, Line 13
At end insert -
‘(aa) Article 15B;’
Minister of the Environment
Clause 28 , Page 16, Line 31
Leave out from ‘34’ to end of line 36 and insert -
‘43(1) of the Environment Order (agreements concerning land adjacent to an ASSI) for “adjacent to” substitute “which is not within”.’
Minister of the Environment
New Clause
After clause 28 insert -
‘Public body: duties in relation to authorising operations
28A. -(1) Article 40 of the Environment Order (public bodies: duties in relation to authorising operations) is amended as follows.
(2) In paragraph (6) before sub-paragraph (a) insert -
“(aa) shall, in granting permission, impose conditions sufficient to ensure that the requirements set out in paragraph (6A) are complied with;”.
(3) After paragraph (6) insert -
“(6A) The requirements are -
(a) that the operations are carried out in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological, physiographical or other features by reason of which the ASSI is of special scientific interest; and
(b) that the site will be restored to its former condition, so far as is reasonably practicable, if any such damage does occur.”.’
Minister of the Environment
Schedule 2 , Page 28, Line 28
Leave out ‘7A(1) and 7D(4)’ and insert ‘and 7A(1)’
Minister of the Environment
Schedule 3 , Page 32, Line 22
At end insert -
‘Part 3
hare coursing
Short Title |
Extent of repeal |
The Game Preservation Act (Northern Ireland) 1928 (c. 25) The Control of Greyhounds etc. Act (Northern Ireland) 1950 (c. 13) The Wildlife (Northern Ireland) Order 1985 (NI 2) |
In section 7(2) paragraph (b) and the word “or” immediately before it. Section 7D(4). Section 5(2). In Schedule 12, paragraph 3. |
The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11) |
In Article 2(2), in the definition of “bookmaker’s licence”, the words “or coursing”. |
The Game Preservation (Amendment) Act (Northern Ireland) 2002 (c. 2) |
Section 1(4).’ |
Minister of the Environment
Long Title
Leave out ‘and amend’ and insert ‘; to prohibit hare coursing events; to amend’
Minister of the Environment