- Latest available (Revised)
- Point in Time (06/04/2016)
- Original (As enacted)
Point in time view as at 06/04/2016.
Wildlife and Countryside Act 1981, Paragraph 10 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[F110(1)An environmental authority may make a species control order in relation to premises if—E+W
(a)it considers that there is present on the premises—
(i)an invasive non-native species, or
(ii)a species of animal that is no longer normally present in Great Britain, and
(b)any of the following circumstances apply.
(2)The circumstances are—
(a)the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so;
(b)the environmental authority has offered to enter into a species control agreement with an owner but—
(i)the owner has refused to enter into any kind of species control agreement, or
(ii)no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement;
(c)the environmental authority considers that the making of the order is urgently necessary;
(d)the environmental authority has been unable to identify an owner, having—
(i)placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and
(ii)waited for 5 days after the day on which the notice was placed.
(3)Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved.
(4)Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—
(a)the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),
(b)the animals on the premises are having a significant adverse impact on—
(i)biodiversity,
(ii)other environmental interests, or
(iii)social or economic interests, and
(c)there is no appropriate alternative way of obviating that impact.
(5)A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers.]
Textual Amendments
F1Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: