Natural Environment and Rural Communities Bill

With this it will be convenient to discuss the following: New clause 8—Restoration Of Habitat— 'After section 21 of the 1981 Act, insert— "21A Restoration order where offence under section 14 is committed (1) In addition to the penalties in section 21(4), where the operation in respect of which a person is convicted of an offence under section 14 has destroyed or damaged any flora, fauna or physiographical feature, the court by which he is convicted, in addition to dealing with him in any way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations for the purpose of restoring the habitat to its former condition as may be so specified. (2) An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person's conviction any such order does not take effect, and on appeal to the House of Lords the conviction is restored by that House, the House may make an order under this section which could be made on his conviction by the court which convicted him. (3) In the case of an order under this section made by a magistrates' court, the period specified in the order shall not begin to run— (a) in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates' court; or (b) where notice of appeal is given within the period so prescribed, until determination of the appeal. (4) At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary. (5) If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction— (a) to a fine not exceeding level 5 on the standard scale; and (b) in the case of a continuing offence, to a further fine not exceeding £1000 for each day during which the offence continues after conviction. (6) If, within the period specified in an order under this section, any operations specified in the order have not been carried out, the authorised body may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.".'. New clause 9—Harmful, Non-Native Species (Supplementary Provisions)— '(1) In section 14(1)(b) of the 1981 Act (introduction of new species etc) insert "or Part III" after "Part I". (2) In section 14(2) of the 1981 Act (introduction of new species etc) insert "or Part III" after "Part II". (3) After Part II of Schedule 9 of the 1981 Act (animals and plants to which section 14 applies, insert— "PART III Potentially invasive or damaging animals and plants not native to Great Britain to which section 14ZC applies Duck, Ruddy Oxyura jamaicensis Fern, Water Azolla filiculoides Hogweed, Giant Heracleum mantegazzianum Knotweed, Japanese Fallopia japonica Parrot's-feather Myriophyllum aquaticum Pennywort, Floating Hydrocotyle ranunculoides Stonecrop, Australian swamp Crassula helmsii".'. Amendment No. 15, in clause 49, page 18, line 37, leave out from 'is' to end of line 38 and insert 'included in Part III of Schedule 9.'.