The Invasive Alien Species (Enforcement and Permitting) Order 2019
S.I. 2019/527 · Made 7 March 2019 · Extends to United Kingdom
Wildlife
Made at 1 00 p.m. on 7th March 2019
Laid before Parliament 8th March 2019
Laid before the National Assembly for Wales at 4 00 p.m. on 7th March 2019
Coming into force 1st October 2019
The Secretary of State and Welsh Ministers make this Order in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) M1, and by section 22(5) of the Wildlife and Countryside Act 1981 M2.
The Secretary of State has been designated for the purposes of section 2(2) of the 1972 Act in relation to the environment M3, and the Welsh Ministers have been designated for those purposes in relation to the prevention and remedy of environmental damage M4.
This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State and the Welsh Ministers that it is expedient for the references to the list of invasive alien species of Union concern adopted by the Commission in accordance with Regulation (EU) No. 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species M5 to be construed as references to that list as amended from time to time.
Annotations to the whole text
Marginal citations
- M1
1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006. It was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.
- M2
1981 c. 69. Section 22(5) was amended by section 25(5) of the Infrastructure Act 2015 (c. 7).
- M3
- M4
- M5
OJ No. L317, 4.11.2014, p. 35.
Contents
- Part 1: Introductory provisions
- 1Citation, commencement, extent and application
- 2Interpretation
- Part 2: Offences
- 3Import, keeping, breeding, purchase, release etc. of invasive alien species
- 3AEmergency measures
- 4False statements
- 5Misuse of permits or licences
- 6Compliance with permits and licences
- 7Obstruction and deception
- 8Attempts to commit offences etc.
- 9Offences by bodies corporate
- 10Offences by Scottish partnerships
- 11Offences by partnerships and unincorporated associations
- 12Application of offences in the offshore marine area
- 13Proceedings for offences: venue and time limits
- Part 2A: Controls on invasive alien species in the offshore marine area
- 13AArticle 13A
- Part 3: Defences
- 14Defences: permits and licences
- 15Defences: enforcement activity
- 16Transitional provision for non-commercial owners: companion animals
- 17Transitional provision for non-commercial owners: commercial stocks
- 18Transitional provisions for commercial stocks
- 19Defences: due diligence
- Part 4: Penalties
- 20Penalties etc.
- Part 5: Enforcement
- 21General
- 22Power to stop and search persons
- 23Power to enter and search vehicles
- 24Powers of entry
- 25Examining relevant organisms and taking samples
- 26Power of seizure for purposes of investigation etc.
- 27Power of seizure to facilitate functions of an enforcement officer
- 28Power to use reasonable force
- 29Proof of lawful import or export
- 30Action following seizure
- 31Information sharing
- 32Recovery of costs
- 33Forfeiture
- 33AMeaning of relevant permit and relevant licence
- Part 6: Civil sanctions
- 34Civil Sanctions
- Part 7: Permits
- 35Permits for activities relating to invasive alien species
- Part 8: Licences
- 36Licences for activities relating to invasive alien species
- Part 9: Amendments, revocations and effect in relation to other enactments
- 37The Destructive Imported Animals Act 1932
- 38The Customs and Excise Management Act 1979
- 39The Keeping and Introduction of Fish (Wales) Regulations 2014
- 40The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015
- 41Amendments
- 42Revocations
- Part 10: Review
- 43Review: England
- Signature
- Schedule 1Provisions of the Principal Regulation
- Schedule 2: Animals and plants to which Articles 3(2) to (4) apply
- 1Animals to which the offence in article 3(2) applies
- 2Plants to which the offence in article 3(3) applies
- 3Species to which the offences in article 3(4) apply
- Schedule 3: Civil sanctions
- Part 1: Power to impose civil sanctions
- 1The regulator
- 2Compliance notice
- 3Restoration notice
- 4Imposition of a fixed monetary penalty
- 5Imposition of a variable monetary penalty
- 6Notice of intent
- 7Combination of penalties
- 8Discharge of liability – fixed monetary penalties
- 9Making representations and objections
- 10Third party undertakings
- 11Final notice
- 12Contents of final notice: compliance and restoration notices
- 13Contents of final notice: fixed and variable monetary penalties
- 14Fixed monetary penalty: discount for early payment
- 15Appeals against a final notice
- 16Fixed monetary penalty: non-payment within the stated payment period
- 17Criminal proceedings
- Part 2: Stop notices
- 18Stop notices
- 19Contents of a stop notice
- 20Appeals
- 21Completion certificates
- 22Compensation
- 23Offences
- Part 3: Enforcement undertakings
- 24Enforcement undertakings
- 25Contents of an enforcement undertaking
- 26Acceptance of an enforcement undertaking
- 27Discharge of an enforcement undertaking
- 28Inaccurate, incomplete or misleading information
- 29Non-compliance with an enforcement undertaking
- Part 4: Non-compliance penalties
- 30Non-compliance penalties
- 31Appeals
- Part 5: Withdrawal and amendment of notices
- 32Withdrawing or amending a notice
- Part 6: Costs recovery
- 33Recovery of enforcement costs
- Part 7: Appeals
- 34Appeals
- Part 8: Guidance and publicity
- 35Guidance as to use of civil sanctions
- 36Consultation on guidance
- 37Publication of enforcement action
- Schedule 4: Amendments
- Part 1: Amendments to primary legislation
- 1Wildlife and Countryside Act 1981
- Part 2: Amendments to secondary legislation
- 2The Prohibition of Keeping of Live Fish (Crayfish) Order 1996
- 3The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014
- Explanatory note