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invasive alien species order 2019


'invasive alien species order 2019' is an ongoing research project by David Addison stemming from the initial question: which two pieces of music would you like played at your funeral?

Submissions will be compiled and aim to inform a visual art project in 2018. Possible outcomes include a public exhibition, critical text(s), digital archive, printed publication or presentation within an audio format.

Please share with anyone you feel may be interested or benefit in somehow from tackling the question. A varied dataset of ages, locations, gender and cultural identities will help realise a more fully formed response and critical understanding. If you would like to discuss any aspects of the project in further detail then please get in touch at daddison@daddisonish.com

All submissions can be made anonymously, if contact details are provided then any personal data will be stored securely and if presented publically you will be consulted for consent before any distinguising information is released in a public facing format.

A 'song' here is defined as any piece of recorded music or other composition of sound, instrumental or otherwise. Please supply the performer(s) of your chosen version of the piece rather than original writer if different.

(i)section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation)(16) and Schedule 3 to the Magistrates’ Courts Act 1980 (corporations)(17); (ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (proceedings against organisations and prosecution of companies, etc. as the enforcement officer considers necessary. ascertaining whether an offence under this Order is being or has been committed; verifying information supplied by a person for the purpose of obtaining a permit or a licence; or. S.I. must, if seized following a request under paragraph (1)(b), be dealt with during the period of its detention in such manner as the requesting enforcement officer may direct; may, if the designated customs official considers it appropriate, be transferred to an enforcement officer, who may hold it for a period not longer than the remainder of the detention period referred to in paragraph (2). Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (d)sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) apply. (a)a compliance notice or restoration notice is served on any person. a species of animal that is no longer normally present in Great Britain. (2) Until relevant proof is provided to the satisfaction of the designated customs official, the designated customs official may detain the relevant organism for not more than five working days. (3) A rub-down search shall not be carried out except by a person of the same sex as the person being searched. stop and detain the vehicle for the purposes of entering and searching it; and. (3) In Schedule 9 (animals and plants to which section 14 applies)—, (a)in Part 1 (animals which are established in the wild) omit the following entries—, (ii)for the entry in respect of “Waterweeds” substitute—, (4) In Schedule 9A (species control agreements and orders)—, (a)in sub-paragraph (2) of paragraph 1 (overview), for paragraphs (a) and (b) substitute—. In the table in article 3 of the Wildlife and Countryside Act 1981 (Prohibition on Sale etc. No 2 people think not. (3) But, subject to the time limits contained in paragraphs 17(2) and 29(3) of Schedule 3 (criminal proceedings following failure to comply with a civil penalty), no such proceedings may be commenced more than two years after the commission of the offence. Minister for Environment, Energy and Rural Affairs. (b)enter the vehicle and search it for that evidence. it applies in relation to any provision which relates to a matter mentioned in sub-paragraph (a) or (b). (2) In sub-paragraph (1)(a), the reference to cases in which civil sanctions have been imposed does not include cases where a sanction has been imposed but overturned on appeal. 33.—(1) The regulator may give a costs recovery notice if any of the conditions in sub-paragraph (3) are met. 27.—(1) If the regulator is satisfied that an enforcement undertaking has been complied with, it must issue a certificate (“a discharge certificate”) to that effect. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (2) The regulator may accept or reject a third party undertaking. at all material times was kept in contained holding and appropriate measures were in place to ensure that the specimen could not reproduce or escape. (d)the period within which payment must be made (“the payment period”), which must be not less than 56 days; (e)in the case of a fixed monetary penalty, details of the early payment discount (see paragraph 14) and late payment penalties (see paragraph 16(2) and (3)); (g)the consequences of failing to comply with the notice. (b)any significant revisions or updates to guidance which has already been published. 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). For information about the species currently included on this list, click here. The upcoming Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 comes into force on 1 December 2019. A person who knowingly contravenes a condition of a permit or of a licence is guilty of an offence. (a)sale or transfer to a research or ex situ conservation establishment which holds a relevant permit, provided that the conditions in paragraph (4) apply; (b)medicinal activities pursuant to a relevant permit, provided that the conditions in paragraph (4) apply; (c)humane dispatch (in the case of animals) or destruction (in the case of plants, fungi or micro-organisms) of the specimen to exhaust the keeper’s stock; or. (7) In paragraphs (6) “importer” and “exporter” include any authorised representative of the importer or exporter, as the case may be. (6) The regulator may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court. Power of seizure to facilitate functions of an enforcement officer, Permits for activities relating to invasive alien species, Licences for activities relating to invasive alien species, The Destructive Imported Animals Act 1932, The Customs and Excise Management Act 1979, The Keeping and Introduction of Fish (Wales) Regulations 2014, The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015, Imposition of a variable monetary penalty, Discharge of liability – fixed monetary penalties, Contents of final notice: compliance and restoration notices, Contents of final notice: fixed and variable monetary penalties, Fixed monetary penalty: discount for early payment, Fixed monetary penalty: non-payment within the stated payment period, Inaccurate, incomplete or misleading information, Non-compliance with an enforcement undertaking, The Prohibition of Keeping of Live Fish (Crayfish) Order 1996, The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. brought into the territory of the Union, including transit under customs supervision; The common name or names given in the first column are included by way of guidance only; in the event of any dispute or proceedings, the common name or names will not be taken into account. 2000/3062) and 2013/3162. Commission Implementing Regulation (EU) 2019/1262 of 25 July 2019 amending Implementing Regulation (EU) 2016/1141 to update the list of invasive alien species of Union concern. the circumstances in which the regulator may not serve the proposed notice. (b)appropriate measures were in place to ensure that the specimen could not reproduce or escape. to afford such facilities and assistance with respect to matters under that person’s control as the constable or designated customs official considers would facilitate the exercise of any power conferred by this article. (2) Where the regulator decides to impose a requirement, the notice imposing it (the “final notice”) must comply with paragraph 12 (for compliance or restoration notices) or 13 (for fixed or variable monetary penalties). Section 164(5) was inserted by section 10(3) of the Finance Act 1988 (c. 39). (i)article 35(1)(a) (permits for research or ex situ conservation); (ii)any provision in legislation which applies in relation to Scotland and which enables permits to be issued for research or ex situ conservation in accordance with Article 8 of the Principal Regulation; or. 1966 c. 36. 3 August 2016. The suite of sanctions available to the regulator (defined in paragraph 1 of Schedule 3) consists of compliance, restoration and stop notices, fixed and variable monetary penalties, as well as the ability to accept third party undertakings and enforcement undertakings. (d)that any step specified in the notice is unreasonable; (e)that the person has not committed the offence and would not have committed it had the stop notice not been served; (f)that the person would not, by reason of any defence, permit or licence have been liable to be convicted of the offence had the stop notice not been served; (g)that the decision was wrong for any other reason. (4) The notice must include information as to—. the amount of the costs which must be paid; the consequences of failing to make payment within the specified payment period; and. 3.—(1) This paragraph applies where the regulator is satisfied on the balance of probabilities that a person has committed an offence under Part 2 of this Order. (b)an offence under paragraph (2), (3) or (4). any power to seize the item conferred by this article includes power to seize the container. entry to the premises has been refused, or is likely to be refused, and notice of the intention to apply for a warrant has been given to the occupier; or. serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or. it relates to controls on imports into and exports from the United Kingdom; it relates to the offshore marine area; or. (2) In so far as any act authorised by a permit or a licence under this Order would otherwise be an offence under section 6 of the Destructive Imported Animals Act 1932 (offences etc.) the circumstances in which the regulator is likely to accept an enforcement undertaking; and. “(a)a species of animal or plant included on the Union list, (b)an invasive non-native species of animal or plant not falling within sub-paragraph (a), or. where scientific information is insufficient, by the application of the precautionary principle(, by providing it to any person who asks for it in writing(. (3) Where the relevant organism is required for enforcement purposes, an enforcement officer may arrange for the transfer of the relevant organism to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). 2 August 2017 (c)search or examine anything which that person may be using or which is in that person’s possession if the constable or designated customs official suspects with reasonable cause that evidence of the commission of the offence is to be found on it. (b)a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved. (2) Any relevant organism seized under paragraph (1) may be detained for not more than five working days. 13.—(1) For the purposes of conferring jurisdiction in any proceedings for the prosecution of an offence under this Part, any such offence is deemed to have been committed in any place where the offender is found or to which the offender is first brought after the commission of the offence. in any part of the waters in any area designated under section 84(4) of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)(22); “ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed; is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and. 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”)(1), and by section 22(5) of the Wildlife and Countryside Act 1981(2). (2) In paragraph (1), “partner” includes a person purporting to act as a partner. (b)in the case of an offence under article 5, as from the time when the falsification or alteration was made. where the enforcement officer is satisfied it is a specimen, may be humanely dispatched (in the case of animals) or destroyed (in the case of plants, fungi or micro-organisms) as the enforcement officer sees fit. sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) apply. (a)where reasonable efforts to agree an appointment have failed; (b)where the enforcement officer reasonably believes that giving notice would defeat the object of the entry; (c)where the enforcement officer has reasonable grounds for suspecting that an offence under this Order is being or has been committed; or, (a)on an application made by an enforcement officer, or a justice of the peace (in England or Wales), sheriff or summary sheriff (in Scotland) or lay magistrate (in Northern Ireland) is satisfied that—, (i)there are reasonable grounds to suspect that an offence under this Order is being or has been committed and that evidence of the offence may be found on any premises; or, (ii)there is a need to ascertain whether a condition of a permit or of a licence is being or has been complied with; and. 13. (4) Any relevant organism seized under paragraph (1)—. 27.Power of seizure to facilitate functions of an enforcement officer, 35.Permits for activities relating to invasive alien species, 36.Licences for activities relating to invasive alien species, PART 9 Amendments, revocations and effect in relation to other enactments, 37.The Destructive Imported Animals Act 1932, 38.The Customs and Excise Management Act 1979, 39.The Keeping and Introduction of Fish (Wales) Regulations 2014, 40.The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015, Animals and plants to which Articles 3(2) to (4) apply, PART 1 Animals to which the offence in article 3(2) applies, PART 2 Plants to which the offence in article 3(3) applies, PART 3 Species to which the offences in article 3(4) apply, 5.Imposition of a variable monetary penalty, 8.Discharge of liability – fixed monetary penalties, 12.Contents of final notice: compliance and restoration notices, 13.Contents of final notice: fixed and variable monetary penalties, 14.Fixed monetary penalty: discount for early payment, 16.Fixed monetary penalty: non-payment within the stated payment period, 25.Contents of an enforcement undertaking, 26.Acceptance of an enforcement undertaking, 27.Discharge of an enforcement undertaking, 28.Inaccurate, incomplete or misleading information, 29.Non-compliance with an enforcement undertaking, PART 5 Withdrawal and amendment of notices, PART 2 Amendments to secondary legislation, 2.The Prohibition of Keeping of Live Fish (Crayfish) Order 1996, 3.The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. Events. 2001/1149. (3) A fixed monetary penalty may not be imposed on more than one occasion in relation to the same act or omission. (3) The court by which any person is convicted of an offence under this Order may order that the person convicted may not, for a period of up to five years—, (a)be issued with any permit, or issued with a permit for a particular activity; or. (5) The conditions referred to in paragraph (3)(b) are that—, (a)entry to the premises has been refused, or is likely to be refused, and notice of the intention to apply for a warrant has been given to the occupier; or. 18.—(1) It is a defence to a charge of committing an offence to which this article applies for a keeper of a commercial stock of specimens to show that—, (a)the specimens were acquired before their inclusion on the Union list; and, (b)the activity constituting the offence—, (i)was carried out for one of the purposes listed in paragraph (3); and. Please see the bibliographic details to the right. Different options to open legislation in order to view more content on screen at once. (a)the scientific and common names of the invasive alien species to which the permit relates; (b)the number or the volume of specimens concerned; (c)the purpose for which the permit has been issued; and. (2) The first report must be published before 1st October 2024. 2015 c. 26. (2) The requirement to give notice does not apply—. a compliance notice or restoration notice is served on any person. in the city of London, the Common Council of the City of London; county councils, county borough councils and Port Health Authorities; councils constituted under section 2 of the Local Government etc. (b)a person purporting to act in such a capacity. 40.—(1) A person may not by reason of the same act be convicted of both—. (ii)transferred to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). 12. the Department of Agriculture, Environment and Rural Affairs; stop and detain that person for the purpose of a search; search that person if the constable or designated customs official suspects with reasonable cause that evidence of the commission of the offence is to be found on that person; or. (a)been seized under article 26 whilst being imported or exported, or once imported or brought to a place for the purpose of export, (b)been seized under article 27 or 29(2), or. (a)that the decision to serve the notice was based on an error of fact; (c)that the decision was unfair or unreasonable for any reason; (d)that the amount of the penalty is unreasonable; (e)that the decision was wrong for any other reason. The provisions of this Order apply without prejudice to the Customs and Excise Management Act 1979(31). (4) The regulator may recover any fixed monetary penalty imposed under this paragraph as if payable under an order of the court. (6) The grounds justifying absence of notice are—. 20.—(1) A person guilty of an offence under this Order is liable—. (ii)was not carried out after the end of the relevant period following the inclusion of the species to which the specimen in question belongs on the Union list. (4) Where the regulator serves a final notice relating to a fixed monetary penalty in respect of any offence, the regulator may not in relation to that offence serve—, (c)a notice imposing a variable monetary penalty; or. Invasive Alien Species (Enforcement and Permitting) Order 2019 1. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (6) The permitting authority may revoke or suspend a permit at any time if—, (a)an adverse impact on biodiversity or related ecosystem services results, or in the opinion of the permitting authority is likely to result, from—, (i)any failure to comply with a condition of a permit; or, (b)the specimen to which the permit relates has—. 24. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. (i)the methods, means and arrangements by which the action authorised by the licence may be taken; (ii)the area or areas within which the action authorised by the licence may be taken; (iii)when or over what period the action authorised by the licence may be taken; and. (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be), or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be), or to both. Subsection (1)(a) does not apply to species included on the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, as amended from time to time. that such importation or exportation (as the case may be) is or was authorised by a permit or a licence, or (if it would otherwise be unlawful) is lawful by virtue of a defence under articles 15 to 18. been seized under article 27 or 29(2), or. Detailed coverage of invasive species threatening livelihoods and the environment worldwide . (5) The costs recovery notice must include information as to—. Cortaderia jubata. A stop notice must include information as to—. Article 41 and Schedule 4 make consequential amendments and Article 42 contains a consequential revocation as a result of the Order. the steps the person must take to comply with the stop notice and the period within which they must be completed; that any step specified in the notice is unreasonable; that the person has not committed the offence and would not have committed it had the stop notice not been served; that the person would not, by reason of any defence, permit or licence have been liable to be convicted of the offence had the stop notice not been served; the stop notice is subsequently withdrawn or amended by the regulator because the decision to serve it was unreasonable or any step specified in the notice was unreasonable; the regulator is in breach of its statutory obligations; the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or. 2014/3303 (W. 336); amended by S.I. leave the premises as effectively secured against unauthorised entry as they were before entry. (2) In paragraph (1)(b), “vehicle” includes aircraft, hovercraft and boats. (d)the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Principal Regulation (transitional provisions for non-commercial owners). (c)carry out work on the premises in the manner directed by an enforcement officer. (5) In this article, “1932 Act licence” means a licence granted under section 3 or 8 of the Destructive Imported Animals Act 1932 (grant and revocation of licences, and savings in respect of animals kept for exhibition etc.). 36.—(1) Subject to the provisions of this article, the licensing authority may grant a licence for the purposes specified in paragraph (2). (d)seizure is necessarily incidental to seizure of a thing pursuant to sub-paragraph (a), (b) or (c). (c)withdraw a notice imposing a variable monetary penalty or a non-compliance penalty, or reduce the amount of the penalty specified in the notice. (11) A warrant granted under this article continues in force for three months. 29.—(1) If a person does not comply with an enforcement undertaking, the regulator may, in the case of an offence committed under Part 2 of this Order —, (a)serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or. (commonly known as the marbled crayfish). 15.—(1) The person on whom a final notice is served may appeal against it. the methods, means and arrangements by which the action authorised by the licence may be taken; the area or areas within which the action authorised by the licence may be taken; when or over what period the action authorised by the licence may be taken; and. Section 1 was amended by paragraph 4(1) of Schedule 5 to the Northern Ireland Constitutions Order 1973 (c. 36). (2) An enforcement undertaking ceases to have effect on the issue of a discharge certificate. (i)a facility to which a relevant licence had been granted; (ii)an establishment to which a relevant permit had been issued; or, (iii)a place where it was to be humanely dispatched; and, “relevant licence” means a licence under—. (b)an offence under the Keeping and Introduction of Fish (Wales) Regulations 2014(32). (5) The regulator must decide whether to issue a discharge certificate, and give written notice of the decision to the applicant (including information as to the right of appeal), within 14 days of such an application. (b)the enforcement officer reasonably considers that it would facilitate the seizure of the item if it remained in the container for that purpose. (a)stop and detain that person for the purpose of a search; (b)search that person if the constable or designated customs official suspects with reasonable cause that evidence of the commission of the offence is to be found on that person; or. (6) The power to make an order under section 14ZA(3)(b) of the Wildlife and Countryside Act 1981 (sale of invasive non-native species)(15) applies for the purposes of enabling the Secretary of State, or (in relation to Wales) the Welsh Ministers, to add to or remove from Part 3 of Schedule 2 any species of animal or plant as it applies for the purposes of enabling animals or plants to be prescribed for the purposes of section 14ZA of that Act. of invasive alien species, 11.Offences by partnerships and unincorporated associations, 12.Application of offences in the offshore marine area, 13.Proceedings for offences: venue and time limits, 16.Transitional provision for non-commercial owners: companion animals, 17.Transitional provision for non-commercial owners: commercial stocks, 18.Transitional provisions for commercial stocks, 25.Examining relevant organisms and taking samples. This regulation now makes it illegal to release any rehabilitated grey squirrel or muntjac deer. a third party undertaking is accepted from any person, a notice imposing a variable monetary penalty is served on any person, or. Invasive Alien Species Order 2019 We are incredibly disheartened that the Government have introduced the EU Regulation on ‘Invasive Alien Species’ which affects muntjac deer and grey squirrels. The Secretary of State has been designated for the purposes of section 2(2) of the 1972 Act in relation to the environment(3), and the Welsh Ministers have been designated for those purposes in relation to the prevention and remedy of environmental damage(4). 9. 14. 33.—(1) The court by which any person is convicted of an offence under this Order—, (a)must order the forfeiture of a specimen or other thing in respect of which the offence was committed; and. (2) If, in the opinion of the enforcement officer, it is not for the time being practicable for the enforcement officer to seize and remove any item from premises, the enforcement officer may require any person on the premises to secure that the item is not removed or otherwise interfered with until such time as the enforcement officer may seize and remove it. (a)may identify the relevant organism in any relevant way; and. immediately before its inclusion on the Union list, was kept as a companion animal; and. any significant revisions or updates to guidance which has already been published. (6) The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—. Section 18(1), (2) and (6) was repealed by Schedule 7 to the Magistrates’ Court Act (Northern Ireland) 1964 (c. 21 (N.I.)). (2) The regulator may not serve a notice of intent relating to a compliance notice, a restoration notice, or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—, (a)a fixed monetary penalty has been imposed on that person; or. 23. that the decision to serve the notice was based on an error of fact; that the decision was unfair or unreasonable for any reason; that the amount of the penalty is unreasonable; withdraw a compliance notice, restoration notice or stop notice, or amend the steps specified in such a notice in order to reduce the amount of work necessary to comply with the notice; withdraw a notice imposing a fixed monetary penalty; or. (b)furnishes a document or information which is false in a material particular. any subspecies or lower taxon of a species. (b)acting for a purpose connected with the enforcement of this Order. (a)any item which an enforcement officer wishes to seize is in a container, and. (6) Following expiry of the specified payment period, the regulator may recover the costs referred to in the costs recovery notice as if payable under an order of the court. (b)be granted any licence, or granted a licence for a particular purpose. (3) This paragraph does not apply in cases where the regulator considers that publication would be inappropriate. as regards any provision which applies in relation to controls on imports into and exports from the United Kingdom, and any provision which relates to any such provision, to Scotland and Northern Ireland. (3) The regulator must have regard to the guidance or revised and updated guidance in exercising its functions. where the designated customs official suspects that it is a specimen; or. A copy can be obtained from the Welsh Government (Land, Nature and Forestry Division), Rhodfa Padarn, Llanbadarn Fawr, Aberystwyth, Ceredigion, SY23 3UR. 17. The contingency plan is to be approved by the competent authority. a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs, a variable monetary penalty has been imposed on that person (see paragraph, a third party or enforcement undertaking has been accepted from that person (see paragraphs, a fixed monetary penalty has been imposed on that person; or. 1972 c. 68. Citation, commencement, extent and application, Import, keeping, breeding, purchase, release etc. (4) In so far as any act authorised by a 2015 Regulations permit would otherwise be an offence under this Order unless authorised by a licence, and could have been authorised by such a licence, the 2015 Regulations permit has effect for the purposes of this Order as such a licence, authorising that act to the extent authorised by the 2015 Regulations permit, and (so far as relevant to the offence in question) subject to the conditions to which the 2015 Regulations permit is subject.

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