Wildlife and Natural Environment Bill
Marshalled List of Amendments
Further Consideration Stage
Monday 7 February 2011
Amendments tabled up to and including Thursday, 3 February 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1 [Negatived]
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
Amendment 2 [Made]
Clause 1 , Page 1
Leave out line 17
Minister of the Environment
Amendment 3 [Made]
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
Amendment 4 [Made]
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
Amendment 5 [Made]
Clause 23 , Page 15, Line 13
At end insert -
‘(aa) Article 15B,’
Minister of the Environment
Amendment 6 [Made]
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
Amendment 7 [Made]
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
Amendment 8 [Negatived on division]
Clause 36 , Page 20, Line 38
At beginning insert -
‘Subject to section 36A,’
Mr Francie Molloy
Amendment 9 [Made]
Clause 36 , Page 21, Line 2
At end insert -
‘(e) nets hares for the purpose of a hare coursing event,
(f) transports hares for the purpose of a hare coursing event, or
(g) holds hares for the purpose of a hare coursing event.’
Mr Peter Weir
Amendment 10 [Negatived]
New Clause
After clause 36 insert -
‘Licensing of hare coursing events
36A. -(1) Section 36 does not apply to a hare coursing event arranged under and in accordance with a licence granted by the Department.
(2) A licence under subsection (1) -
(a) may be granted only to a particular person; and
(b) shall be subject to compliance with a code of practice published by the Department.
(3) The Department shall not license any more than two events in any calendar year.
(4) The Department may charge for the licence such reasonable sum (if any) as it may determine.
(5) The Department shall publish a code of practice in connection with hare coursing events.
(6) The code of practice under subsection (5) shall include -
(a) a requirement that every hare coursing event be attended by a licensed veterinary surgeon; and
(b) requirements as to standards to be observed in the practice of hare husbandry.
(7) Applications for a licence must include such information as the Department may require.’
Mr Francie Molloy
Amendment 11 [Negatived on division]
Schedule 1 , Page 23, Line 35
At end insert -
‘Hare, Irish |
Lepus timidus hibernicus’ |
Dr Stephen Farry
Ms Anna Lo
Mr Trevor Lunn
Amendment 12 [Negatived]
Schedule 1 , Page 24, Line 35
At end insert -
‘Hare, Irish |
Lepus timidus hibernicus’ |
Dr Stephen Farry
Ms Anna Lo
Mr Trevor Lunn
Mr Christopher Lyttle
Amendment 13 [Made]
Schedule 2 , Page 28, Line 28
Leave out ‘7A(1) and 7D(4)’ and insert ‘and 7A(1)’
Minister of the Environment
Amendment 14 [Made]
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
Amendment 15 [Made]
Long Title
Leave out ‘and amend’ and insert ‘; to prohibit hare coursing events; to amend’
Minister of the Environment