Wildlife and Natural Environment Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 22 June 2010
Amendments tabled up to 9.30am Thursday 17 June 2010
The Bill will be considered in the following order -
(Clauses, Schedules and Long Title)
Amendment 1 [Made]
Clause 1 , Page 1, Line 12
Leave out ‘may’ and insert ‘must’
Minister of the Environment
Amendment 2 [Made]
Clause 2 , Page 2, Line 8
Leave out subsection (4) and insert -
‘(4) The Department must -
(a) not later than 5 years after the coming into operation of subsection (1), and
(b) at least once in every period of 5 years thereafter,
publish a report regarding the implementation of any strategy designated under that subsection.’
Minister of the Environment
Amendment 3 [Made]
Clause 3 , Page 2, Line 20
Leave out ‘the Department’ and insert ‘a public body’.
Minister of the Environment
Amendment 4 [Made]
Clause 3 , Page 2, Line 21
Leave out ‘Department’ and insert ‘body’.
Minister of the Environment
Amendment 5 [Made]
Clause 3 , Page 2, Line 24
At end insert -
‘(4) In this section “public body” has the same meaning as in section 1.’
Minister of the Environment
Amendment 6 [Made]
Clause 4 , Page 2, Line 37
At end insert -
‘Eagle, White-tailed |
Haliaetus albicilla |
Osprey |
Pandion haliaetus |
Owl, Barn |
Tyto alba |
Peregrine |
Falco peregrinus |
Kite, Red |
Milvus milvus’ |
Minister of the Environment
Amendment 7 [Made]
Clause 9 , Page 4, Line 29
After ‘as’ insert ‘ -
(a) a common seal (phoca vitulina),
(b) a grey seal (halichoerus grypus), or
(c)’
Minister of the Environment
Amendment 8 [Negatived]
Clause 10 , Page 4, Line 34
At end insert -
‘and omit “self-locking”.’
Chair, Committee for the Environment
Amendment 9 [Not moved]
Clause 10 , Page 4, Line 35
Leave out paragraph (3)
Chair, Committee for the Environment
Amendment 10 [Not moved]
Clause 10 , Page 4, Line 39
At end insert -
‘( ) In paragraph (2)(a) omit “snare”.’
Chair, Committee for the Environment
Amendment 11 [Not moved]
Clause 10 , Page 4, Line 41
Leave out from line 41 on page 4 to line 9 on page 5
Chair, Committee for the Environment
Amendment 12 [Not moved]
Clause 10 , Page 5, Line 13
Leave out lines 13 to 18
Chair, Committee for the Environment
Amendment 13 [Made]
Clause 10 , Page 5, Line 18
At end insert -
‘(2F) Any person who -
(a) uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Department, or
(b) knowingly causes or permits any other person to do so,
shall be guilty of an offence. ”.’
Minister of the Environment
Amendment 14 [Not moved]
Clause 10 , Page 5, Line 18
At end insert -
‘(5) In paragraph (7), omit “self-locking”.’
Chair, Committee for the Environment
Amendment 15 [Not moved]
Clause 10 , Page 5, Line 18
At end insert -
‘(6) After paragraph (7) insert -
“(8) For the purposes of this Order, “snare” means a device for capturing small wild animals or birds, consisting of a noose in which a foot or the head may be caught.”.’
Chair, Committee for the Environment
Amendment 16 [Made]
New Clause
After clause 10 insert -
‘Spring traps
10A -(1) After Article 12 of the Wildlife Order insert -
“Spring traps
12A. - (1) Subject to the provisions of this Part, any person who -
(a) for the purpose of killing or taking any wild animal other than one included in Schedule 6, uses or permits the use of any spring trap other than an approved trap or uses or permits the use of an approved trap in circumstances or for wild animals for which it is not approved; or
(b) sells, or exposes or offers for sale, any spring trap other than an approved trap with a view to its being used for a purpose which is unlawful under sub-paragraph (a); or
(c) has in his possession any spring trap for a purpose which is unlawful under this paragraph;
shall be guilty of an offence.
(2) Paragraph (1) does not apply to traps of any description specified by order of the Department as being adapted solely for the destruction of rats, mice or other small ground vermin.
(3) In paragraph (1) any reference to an approved trap is a reference to a trap of a type and make for the time being specified by an order of the Department, either generally or subject to conditions as to the circumstances in which or the wild animals for which it may be used, and any reference to the circumstances or wild animals for which a trap is approved shall be construed accordingly.”.
(2) In Article 18 of the Wildlife Order (power to grant licences) after paragraph (4) insert -
“(4A) Article 12A(1)(a) does not apply to anything done for the purpose of enabling a spring trap to be developed or tested with a view to its being approved under Article 12A(3) if it is done under and in accordance with a licence granted by the Department.”.’
Minister of the Environment
Amendment 17 [Negatived]
Clause 14 , Page 6, Line 42
At end insert -
‘( ) In paragraph (1), for “12(1) and (2)” substitute “12(1)(b) and (c) and 12(2)”.’
Chair, Committee for the Environment
Amendment 18 [Not called]
Clause 14 , Page 7, Line 16
At end insert -
‘( ) In paragraph (3), for “12(1) and (2)” substitute “12(1)(b) and (c) and 12(2)”.’
Chair, Committee for the Environment
Clause 15 [Clause removed]
The Minister of the Environment gives notice of his intention to oppose the question that clause 15 stand part of the Bill.
Minister of the Environment
Amendment 19 [Made]
New Clause
After clause 15 insert -
‘Shooting of certain deer
15A. In Article 20 of the Wildlife Order (exceptions to Articles 12 and 19) after paragraph (8) insert -
“(8A) An authorised person shall not be guilty of an offence under Article 19(3)(a) if he uses for the purpose of taking or killing or injuring any Chinese water deer (hydropotes inermis) or muntjac deer (muntiacus reevesi) -
(a) a rifle having a calibre of not less than .220 inches and a muzzle energy of not less than 1,000 foot pounds (1,356 joules); and
(b) a soft-nosed or hollow-nosed bullet weighing not less than 50 grains (3.24 grammes).” ’
Minister of the Environment
Amendment 20 [Made]
Clause 26 , Page 15, Line 9
Leave out from ‘for’ to end of line 10 and insert ‘for “1st March” in each of the three places where it occurs substitute “1st April”.’
Minister of the Environment
Amendment 21 [Made]
New Clause
After clause 26 insert -
‘Management agreements
26A. In Article 34 of the Environment Order (management agreements) for paragraph (1) substitute -
“(1) The Department may, for the purposes of conserving those flora, fauna or geological or physiographical features of an ASSI, enter into an agreement “management agreement” with the owners and occupiers of any land included in an ASSI (or of any other land).”.’
Mr Peter Weir
Mr Jim Wells
Amendment 22 [Not moved]
New Clause
After clause 26 insert -
‘Public body: duties in relation to authorising operations
26B. In Article 40 of the Environment Order for paragraph (7) substitute -
“(7) On issuing the permission, the body shall include sufficient conditions as to ensure that -
(a) the operations are carried out by the applicant 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 (taking account, in particular, of any such advice as is referred to in paragraph (5)(b)); and
(b) the site will be restored to its former condition by the applicant, so far as is reasonably practicable, if any such damage does occur.”.’
Mr Peter Weir
Mr Jim Wells
Amendment 23 [Not moved]
New Clause
After clause 26 insert -
‘Power to make byelaws for ASSI
26C. -(1) Article 45 of the Environment Order (Power to make byelaws for ASSI) is amended as follows.
(2) In paragraph (2) in sub-paragraph (c) after “fires” insert -
“, or the doing of anything likely to cause a fire,”
(3) In paragraph (2) after sub-paragraph (e) insert -
“(f) prohibit or restrict the killing, taking, molesting or disturbance of living creatures of any description in the ASSI, the taking, destruction or disturbance of eggs, larvae or other immature stage, of any such creature, the taking of, or interference with, vegetation of any description in the ASSI, or the doing of anything therein which will interfere with the soil or damage any object in the ASSI;
(g) prohibit or restrict the shooting of birds or of birds of any description within such area surrounding or adjoining the ASSI (whether the area be of land or of sea) as is requisite for the protection of the ASSI;
(h) include provisions prohibiting the depositing of rubbish and the leaving of litter.”.’
Mr Peter Weir
Mr Jim Wells
Amendment 24 [Not moved]
New Clause
After clause 30 insert -
‘Statutory charges
30A. In Article 50 of the Environment Order (statutory charges), in sub-paragraph (b) after “2002” insert -
“any variation under 29(1) of that Order, any additional under 30(1) of that Order, any denotification under 31(1) of that Order,”.’
Mr Peter Weir
Mr Jim Wells
Amendment 25 [Made]
New Clause
After clause 32 insert -
‘Special protection for game
32A. -(1) The Game Preservation Act ( Northern Ireland) 1928 is amended as follows.
(2) In section 7 (close seasons) after subsection (3) insert -
“(3A) If it appears to the Department expedient that any game birds should be protected during any period outside the close season for those birds, the Department may make an order with respect to the whole or any specified part of Northern Ireland declaring any period (which shall not in the case of any order exceed 14 days) as a period of special protection for those birds.
(3B) This section shall have effect as if any period of special protection declared under subsection (3A) for any game birds formed part of the close season for those birds.
(3C) Before making an order under subsection (3A) the Department shall consult a person appearing to the Department to be a representative of persons interested in the shooting of game birds of the species proposed to be protected by the order.”.
(3) In section 7C(1) (special protection order for game) after “purchase” insert “or possession”.’
Minister of the Environment
Amendment 26 [Made on division]
New Clause
After clause 32 insert -
‘Hare coursing
32B. -(1) A person commits an offence if he -
(a) participates in a hare coursing event,
(b) attends a hare coursing event,
(c) knowingly facilitates a hare coursing event, or
(d) permits land which belongs to him to be used for the purposes of a hare coursing event.
(2) Each of the following persons commits an offence if a dog participates in a hare coursing event -
(a) any person who enters the dog for the event,
(b) any person who permits the dog to be entered, and
(c) any person who controls or handles the dog in the course of or for the purposes of the event.
(3) A “hare coursing event” is a competition in which dogs are, by the use of live hares, assessed as to skill in hunting hares.
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.’
Mr Roy Beggs
Mr Tom Elliott
Amendment 27 [Made]
Schedule 1 , Page 20, Line 10
At end insert -
‘Curlew |
Numenius arquata’ |
Minister of the Environment
Amendment 28 [Made]
Schedule 1 , Page 20, Line 17
At end insert -
‘Lapwing |
Vanellus vanellus’ |
Minister of the Environment
Amendment 29 [Negatived]
Schedule 1 , Page 20, Line 18
At end insert -
‘Plover, Golden |
Pluvialis apricaria’ |
Chair, Committee for the Environment
Amendment 30 [Made]
Schedule 1 , Page 20, Line 20
At end insert -
‘Redshank |
Tringa totanus’ |
Minister of the Environment
Amendment 31 [Made]
Schedule 1 , Page 20, Line 22
At end insert -
‘Whinchat |
Saxicola rubetra’ |
Minister of the Environment
Amendment 32 [Not called]
Schedule 1 , Page 20, Line 30
At end insert -
‘(4) In Part 2 omit the following entry -
Common name |
Scientific name |
Plover, Golden |
Pluvialis apricaria’ |
Chair, Committee for the Environment
Amendment 33 [Made]
Schedule 1 , Page 21, Line 2
At end insert -
‘(3) In Part 1 omit the following entry -
Common name |
Scientific name |
Curlew |
Numenius arquata’ |
Minister of the Environment
Amendment 34 [Not called]
Schedule 1 , Page 21, Line 2
At end insert -
‘(3) In Part 1 omit the following entry -
Common name |
Scientific name |
Plover, Golden |
Pluvialis apricaria’ |
Chair, Committee for the Environment
Amendment 35 [Not moved]
Schedule 1 , Page 21, Line 3
Leave out paragraph 4
Minister of the Environment
Amendment 36 [Negatived]
Schedule 1 , Page 21, Line 5
Leave out sub-paragraph (2) and insert -
‘(2) Omit the following entries -
Common name |
Scientific name |
Bunting, Reed |
Emberiza schoeniclus |
Twite |
Carduelis flavirostris |
Yellowhammer |
Emberiza citrinella’ |
Chair, Committee for the Environment
Amendment 37 [Not moved]
Schedule 1 , Page 21, Line 29
At end insert -
‘Hare, Irish |
Lepus timidus hibernicus’ |
Dr Stephen Farry
Mrs Naomi Long
Mr Brian Wilson
Ms Anna Lo
Mr Trevor Lunn
Amendment 38 [Made]
Schedule 1 , Page 21, Line 34
After ‘Common’ insert ‘(in respect of Article 10(1) only and with respect to coastal waters only)’
Minister of the Environment
Amendment 39 [Made]
Schedule 1 , Page 24, Line 17
At end insert -
‘Deer, Chinese water |
Hydropotes inermis’ |
Minister of the Environment
Amendment 40 [Made]
Schedule 1 , Page 24, Line 18
At end insert -
‘Deer, Roe |
Capreolus capreolus’ |
Minister of the Environment
Amendment 41 [Made]
Schedule 1 , Page 25
Leave out line 16 and insert -
‘Knotweed, Giant |
Fallopia sachalinensis |
Knotweed, Himalayan |
Polygonum wallichii |
Knotweed, Japanese |
Fallopia japonica’ |
Minister of the Environment
Amendment 42 [Made]
Schedule 2 , Page 26, Line 12
At end insert -
‘1A. After section 7F insert -
“Relationship of this Act with Wildlife Order
7G. Sections 7(1) and (2), 7A(1) and 7D(4) do not have effect in relation to a hare included in Schedule 5 to the Wildlife (Northern Ireland) Order 1985.”.’
Minister of the Environment
Amendment 43 [Made]
Schedule 2 , Page 26, Line 20
Leave out from beginning to ‘(interpretation)’ and insert -
‘4. -(1) Article 2 (interpretation) is amended as follows.
(2) In paragraph (2)’
Minister of the Environment
Amendment 44 [Made]
Schedule 2 , Page 26, Line 23
At end insert -
‘(3) In paragraph (2) in the definition of “wild bird” at the end add “or any game bird”.
(4) Omit paragraph (3).’
Minister of the Environment
Amendment 45 [Made]
Schedule 2 , Page 28, Line 2
At end insert -
‘18. In Article 29(3) (orders) after “any order” insert “(other than an order under Article 4(10))”.’
Minister of the Environment
Amendment 46 [Made]
Schedule 3 , Page 28, Line 7
At end insert -
‘The Welfare of Animals Act Section 21.’
( Northern Ireland) 1972 (c. 7)
Minister of the Environment
Amendment 47 [Made]
Schedule 3 , Page 28, Line 7
At end insert -
‘Article 2(3).’
Minister of the Environment
Amendment 48 [Made]
Schedule 3 , Page 28, Line 10
At end insert -
‘In Article 4(12) the words “Without prejudice to Article 29(3),”.’
Minister of the Environment
Amendment 49 [Not moved]
Schedule 3 , Page 29, Line 7
At end insert -
‘Section 7(2).
Section 7(3)(b).’
Mr Roy Beggs
Mr Tom Elliott
Amendment 50 [Not moved]
Schedule 3 , Page 29, Line 11
At end insert -
‘Section 7D(4).’
Mr Roy Beggs
Mr Tom Elliott
Amendment 51 [Made]
Long Title
After ‘game dealers’ licenses’ insert ‘and amend the Game Preservation Act ( Northern Ireland) 1928’.
Minister of the Environment