Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
After Clause 69
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
200     Insert the following new Clause-- 
     ("  .--(1)  English Nature with respect to England, and the Countryside Council for Wales with respect to Wales, may make byelaws for the protection of all or part of a site of special scientific interest (and may make different provisions for different parts thereof), under section 20 of the National Parks and Access to the Countryside Act 1949 (byelaws for the protection of nature reserves).
 
    (2)  Without prejudice to the generality of subsection (1), byelaws under that section as it applies by virtue of this section, may--
    (a)  prohibit or restrict the entry into, or movement within, the site of persons, vehicles, boats and animals;
    (b)  prohibit or restrict--
          (i)  the killing, taking, molesting or disturbance of living creatures of any description in the site;
          (ii)  the taking, destruction or disturbance of eggs of any such creature;
          (iii)  the taking of, or interference with, vegetation of any description in the site; or
          (iv)  the doing of anything in the site which will interfere with the soil or damage any object in the site;
    (c)  prohibit the deposition of rubbish and the leaving of litter in the site; and
    (d)  prohibit or restrict, or provide for the prohibiting or restricting, the lighting of fires in the site or the doing of anything likely to cause a fire in the site.
    (3)  Byelaws made under section 20 of the 1949 Act may prohibit or restrict any activity referred to in subsection (2) within such area surrounding or adjoining the site as appears reasonable for the protection of the site.
 
    (4)  Byelaws made under section 20 of the 1949 Act may provide for the issue, on such terms and subject to such conditions as may be specified in the byelaws, or permits authorising--
    (a)  entry into the site or any such surrounding or adjoining areas as mentioned in subsection (3), or
    (b)  the doing of anything within the site, or any such surrounding or adjoining area, where such entry, or doing that thing, would otherwise be unlawful under the byelaws.
    (5)  Byelaws made under section 20 of the 1949 Act as it applies by virtue of subsection (1) shall not interfere with--
    (a) the exercise by any person of a right vested in him as owner, lessee or occupier of land within the site of special scientific interest, or in any such surrounding or adjoining area as is mentioned in subsection (3);
    (b)  the exercise of any public right or way; or
    (c)  the exercise of any functions of a section 28G authority.
    (6)  Where the exercise of any right vested in a person, whether by reason of his being entitled to any interest in land or by virtue of a licence or agreement, is prevented or hindered by the coming into operation byelaws made under section 20 of the 1949 Act as it applies by virtue of subsection (1), he shall be entitled to receive from English Nature with respects to England, or the Countryside Council for Wales as respects to Wales, compensation thereof.
 
    (7)  If any person without reasonable excuse (proof whereof shall lie on him) contravenes any byelaw made under section 20 of the 1949 Act as it applies by virtue of subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding, in the case of a first offence, level 1 on the standard scale; in the case of a second offence, level 2 on the standard scale and in the case of a third and subsequent offence, level 3 on the standard scale.")
Protection of sites of special scientific interest.
  
Schedule 9
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
201     Page 115, line 39, at end insert--
 
    ("(2A)  Any power of a section 28G authority conferred by any Act may be exercised in pursuance of subsection 28G(1).
 
    (2B)  Powers conferred by subsection (2A) shall be exercised--
    (a)  in the case of England only after consultation with English Nature;
    (b)  in the case of Wales only after consultation with the Countryside Council for Wales.")
 
202     Page 116, line 43, at end insert--
 
    ("(7)  Where the Council concludes, on reasonable terms, that they cannot assent to the proposed operations (with or without conditions), they may require that the section 28G authority seeks authorisation by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990.")
 
  
BY THE LORD WHITTY
 
203*     Page 117, line 3, at end insert (", unless the Nature Conservancy Council have notified the authority that it need not wait until then.") 
  
BY THE BARONESS WILCOX
 
204     Page 117, line 19, at end insert--
 
    ("(  )  Notwithstanding the foregoing provision of this section, the Council and a section 28G authority may enter into a memorandum of understanding specifying particular operations which shall not be regarded as operations covered by subsection (2) above, and in such cases the procedures under this section shall not apply.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
205     Page 117, line 31, after ("them") insert ("to a condition which existed at the time of the notification of the site under the 1981 Act or at any other time after such notification") 
206     Page 118, line 22, at end insert--
 
    ("(  )  Where a notice under subsection (3) has been given and is subsequently withdrawn, the Council shall reimburse any costs reasonably incurred by any of the persons mentioned in subsection (3) in making any representation or objection in relation to the notice.")
 
  
BY THE LORD WHITTY
 
207*     Page 122, line 25, at end insert ("without reasonable excuse") 
  
BY THE BARONESS WILCOX
 
208     Page 122, line 34, at end insert ("unless one of the conditions specified in subsection (6A) is fulfilled.
 
    (6A)  The conditions are that the person is--
    (a)  acting in accordance with an agreement in writing reached with the Council,
    (b)  acting in accordance with a permission issued by a section 28G authority that has complied with section 28I.")
 
  
BY THE LORD WHITTY
 
209*     Page 122, line 34, at end insert--
 
    ("(  ) It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) if--
    (a)  paragraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6)), and
    (b)  where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.")
 
210*     Page 123, line 23, at end insert-- 
 ("Byelaws.     28R.--(1) The Nature Conservancy Council may make byelaws for the protection of a site of special scientific interest.
 
    (2)  The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act--
    (a)  subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and
    (b)  sections 106 and 107.")
 
211*     Page 124, line 25, at end insert--
        ("(1B)  Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.")
 
  
Schedule 11
 
  
BY THE LORD WHITTY
 
212*     Page 128, line 24, at end insert ("and "stop notice" has the meaning given by paragraph 9(3) of this Schedule") 
213*     Page 129, line 9, leave out ("time") and insert ("date") 
214*     Page 129, line 10, leave out ("within") and insert ("on or before") 
215*     Page 129, line 13, leave out ("period of three months") and insert ("date") 
216*     Page 133, line 16, at end insert-- 
 ("Powers of entry 
     21. Section 51 (powers of entry) has effect on and after the substitution date as if, in subsection (1), after paragraph (l) there were inserted--
      (m)  to determine whether or not to give or vary a stop notice;".
 
 Service of notices 
     22. Section 70A (service of notices) applies in relation to notices given under this Schedule as it applies in relation to notices and other documents required or authorised to be served or given under the 1981 Act.") 
  
After Clause 71
 
  
BY THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD MORAN
 
217     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State with regard to England, and the National Assembly for Wales with regard to Wales, shall each establish and keep under review from time to time lists of priority species and priority habitats of conservation concern.
 
    (2)  The Secretary of State with regard to England, and the National Assembly for Wales with regard to Wales, shall--
    (a)  take such measures as in his or its opinion are reasonably practicable, to further the conservation and enhancement of the priority species and priority habitats listed under subsection (1); and
    (b)  report on these measures from time to time.
    (3)  It shall be the duty of every Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), government department and the National Assembly for Wales, consistent with the proper exercise of their functions, to further the conservation and enhancement of the priority species and priority habitats listed under subsection (1).")
Priority species and habitats.
  
Clause 72
 
  
BY THE LORD HARDY OF WATH
 
218     Page 48, line 35, at end insert ("together with the confiscation of any vehicle which is used to assist in the committing of such an offence"") 
  
Clause 74
 
  
BY THE LORD WHITTY
 
219*     Page 49, line 13, after ("28P") insert ("or under byelaws made by virtue of section 28R") 
220*     Page 49, line 27, at end insert--
    ("(  ) to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;")
 
  
Clause 75
 
  
BY THE LORD WHITTY
 
221*     Page 50, line 31, leave out from ("amendments") to ("has") in line 32 and insert ("relating to offences and enforcement powers under Part I of the 1981 Act)") 
  
After Clause 75
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
222     Insert the following new Clause-- 
     ("  .--(1)  In section 2 of the Game Act 1831, after the words "black game" there shall be inserted "rabbits, snipe, woodcock and wild duck".
 
    (2)  In section 3 of the Game Act 1831 after the words "or other engine or instrument for the purpose of killing or taking any game" there shall be inserted "or attempts to take, kill or injure any game or assist any person to do so".")
Definition of "game".
223     Insert the following new Clause-- 
     ("  .--(1)  Sections 13, 14, 15 and 16 of the Game Act 1831 shall be omitted.
 
    (2)  In the Game Act 1831, after section 12 there shall be inserted--
Appointment of gamekeepers, etc.
 <~et>Appointment of gamekeepers.     12A.  It shall be lawful for any person who, in relation to any land, is the owner or occupier of the land or any person authorised by the owner or occupier, including any person having the right to take or kill game on the land, to appoint a gamekeeper, or gamekeepers, to be engaged in the management and conservation of game birds, wildfowl, ground game, deer, fish or wildlife, and such gamekeeper shall have the right to preserve or kill game on that land."") 
224*     Insert the following new Clause-- 
      ("  .  After subsection (4) of section 1 of the Deer Act 1991 (poaching of deer) there shall be inserted--
        (4A)  If any person fails to comply with a requirement under subsection (4) above or wilfully return to the land, an authorised person may apprehend such person and convey him or cause him to be conveyed to a constable as soon as conveniently may be."")
Poaching of deer.
  
Schedule 12
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
225     Page 134, line 7, after ("I)") insert--
      ("(a)  after subsection (1)(d) there is inserted--
      (e)  arrest that person where the constable has reasonable grounds to believe that a failure to do so would result in the concealment, alteration, loss, damage or destruction of anything which may be evidence of the commission of an offence or may be liable to be forfeited under section 21,", and (b)")
 
  
BY THE LORD BUXTON OF ALSA
THE LORD MONSON
 
226     Page 136, line 44, leave out ("subsection") and insert ("subsections (2) and") 
227     Page 136, line 45, leave out ("13 or section") and insert ("5, 8, 9(1) to (4), 10 to 12 or 13(1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
    (1A)  Subject to subsection (5), a person guilty of an offence under any of sections 6, 7, 9(5), 13(2) or")
 
228     Page 136, line 47, at end insert--
 
    ("(2)  A person is not liable to imprisonment pursuant to subsection (1) if--
    (a)  the offence was committed in the course of or was incidental to the carrying out of a lawful occupation or activity, and
    (b)  the court is satisfied that the commission of the offence was not part of a pattern of premeditated activity conducted for purposes other than those relevant to or incidental to the pursuit of that lawful occupation or activity."")
 
  
BY THE LORD WHITTY
 
229*     Page 137, line 29, at end insert-- 
 ("Police and Criminal Evidence Act 1984 (c. 60) 
     13. In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (r) there is inserted--
      (s)  an offence under section 1(1) or (2) or 6 of the Wildlife and Countryside Act 1981 (taking, possessing, selling etc. of wild birds) in respect of a bird included in Schedule 1 to that Act or any part of, or anything derived from, such a bird;
      (t)  an offence under any of the following provisions of the Wildlife and Countryside Act 1981--
            (i)  section 1(5) (disturbance of wild birds),
            (ii)  section 9 or 13(1)(a) or (2) (taking, possessing, selling etc. of wild animals or plants),
            (iii)  section 14 (introduction of new species etc.)."")
 
  
Clause 77
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
230*     Page 52, line 2, at end insert (", local owner/occupier representative bodies") 
231*     Page 52, line 10, at end insert ("after consultation with countryside bodies, local owner/occupier representative bodies and every local authority whose area includes any land to which the order to be revoked or varied relates") 
  
Clause 78
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
232*     Page 53, line 4, leave out ("planning") 
233*     Page 53, line 5, leave out ("power") and insert ("a duty") 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 31 October 2000