Commentary on Sections Part 4 – Environmental Control of Animal and Plant Species
87.Invasive non-native species pose serious threats to biodiversity, the water environment, economic prosperity, human health and welfare. The economic impact in the UK has been estimated as a minimum of £1.8 billion per annum which includes £1 billion to the agriculture and horticulture sectors and over £200m to the construction, development and infrastructure sectors. Early eradication is critical to tackling invasive non-native species – for example, it is estimated that the early eradication of the invasive aquatic plant water primrose would cost £73,000 compared to £242 million if the plant became fully established as it has in France and Belgium.
88.At present, Defra’s and the Welsh Government’s network bodies have to rely on reaching voluntary agreements with landowners to undertake work or to gain access to their land to eradicate invasive non-native species found there. Whilst most landowners are willing to enter into voluntary agreements, experience has shown that a small minority (around 5%) are not. In contrast to powers available under animal and plant health legislation to combat disease and pests, the network bodies have no powers to require landowners to act, or powers of entry for surveillance or to carry out work themselves in respect of invasive non-native species. This places England and Wales in a vulnerable position in terms of biosecurity.
89.Therefore, new powers have been taken to require landowners to take action on invasive non-native species or permit others to enter the land and carry out those operations. The intention is that these powers are used in exceptional circumstances where a voluntary approach cannot be agreed and there is a clear and significant threat from inaction. These provisions include the creation of new criminal offences and new powers of entry.
90.These provisions formed part of the Law Commission’s consultation on its Wildlife Law Project in 2012. The Law Commission subsequently produced a report in January 2014 specifically on species control orders, which has formed the basis of the model set out in the Act.
http://lawcommission.justice.gov.uk/publications/2612.htm
91.These provisions were also recommended by the Environmental Audit Committee in its report published in April 2014 on invasive non-native species.
http://www.publications.parliament.uk/pa/cm201314/cmselect/cmenvaud/913/913.pdf