Commentary on Sections Part 4 – Environmental Control of Animal and Plant Species Part 2 – Species control agreements
100.Paragraphs 6 and 7 describe the making and content of a species control agreement. Paragraph 6(3)(a) establishes the principle that before entering into a species control agreement, an environmental authority must be satisfied that the provisions of the proposed agreement are proportionate. Paragraph 6(3)(b) places an obligation on the environmental authority to be satisfied that where there may be more than one owner of the premises, the owner with whom the agreement is made is the most appropriate one.
101.In the case of species that are no longer normally present, paragraph 6(4) restricts species control agreements to animals which are present on premises without a licence under section 16(4)(c) of the 1981 Act (that is, a licence from Natural England or Natural Resources Wales which is required before such animals can lawfully be released into the wild). It also sets out that such species must be having a significant adverse impact on biodiversity, environmental, social or economic interests and the environmental authority must be satisfied that there is no appropriate alternative way of obviating that impact.
102.If an agreement relates to a dwelling, paragraph 6(5) provides that the only environmental authorities that may enter into such an agreement are the Secretary of State or the Welsh Ministers. The purpose of this restriction is to provide an additional check to ensure that such powers are used sparingly in relation to dwellings, and only as last resort.
103.Paragraph 8 requires an environmental authority to notify an owner when it considers that the owner has completed all the operations required by a species control agreement and the agreement is, therefore, no longer in effect.
104.Paragraph 9 limits the liability of the environmental authority for any operations carried out in accordance with a species control agreement to the owner with whom the agreement is made, rather than anyone who may hold a legal interest in the premises.