Commentary on Sections Part 4 – Environmental Control of Animal and Plant Species Part 1 – Overview and interpretation
93.Paragraph 1 explains that the purpose of this Schedule is to enable species control agreements and orders to be made between environmental authorities and owners of premises, and for species control orders to be made by environmental authorities, to effect eradication or control of invasive non-native species. These measures also extend in more limited circumstances to animals which are no longer normally present in Great Britain; these are animals such as the wolf, lynx, beaver and brown bear that were once normally present in Great Britain but which became extinct.
94.Paragraph 2 defines “invasive” and “non-native”. Although there is no list of “invasive non-native species”, non-native species include those specified in Part 1 and Part 2 of Schedule 9 to the Wildlife and Countryside Act 1981, as well as any animal whose natural range does not include any part of Great Britain and which has been introduced or is present as a result of human activity.
95.Paragraph 2 also defines species which are no longer normally present in Great Britain as those specified in the new Part 1B of Schedule 9 to the Wildlife and Countryside Act 1981; or species whose natural range includes any part of Great Britain but where they have ceased to be ordinarily resident or a regular visitor to Great Britain in a wild state.
96.The proposed codes of practice (paragraphs 26 and 27 of the new Schedule) will set out circumstances where it may be appropriate to make an agreement or order. This will limit their use primarily to recently arrived species that are not widely established in England and Wales.
97.Paragraph 3 establishes that the Secretary of State, Natural England, the Environment Agency, the Forestry Commission in England and, in Wales, the Welsh Ministers and the Natural Resources Body for Wales will have powers to make species control agreements and orders.
98.Paragraph 4 defines the term “owner” as a freeholder, leaseholder or a person who exercises powers of management or control of the premises.
99.Paragraph 5 sets out the types of operations that may be agreed or ordered. Paragraph 5(2) clarifies that that a reference to “carrying out” operations in this Schedule also includes arranging for operations to be carried out by someone else. An owner or an environmental authority may wish to arrange for operations to be carried out by a contractor on their behalf.