SCHEDULES

F1SCHEDULE 9ASpecies control agreements and orders (England and Wales)

Annotations:
Amendments (Textual)

PART 2Species control agreements

Making of species control agreements

6

1

An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises—

a

an invasive non-native species, or

b

a species of animal that is no longer normally present in Great Britain.

2

Under a species control agreement the parties agree to the carrying out of species control operations.

3

Before entering into a species control agreement with an owner, an environmental authority must be satisfied that—

a

the provisions of the agreement are proportionate to the objective to be achieved, and

b

in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one.

4

Before entering into a species control agreement 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 agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers.

Content of species control agreements

7

1

A species control agreement must provide for—

a

the species control operations to be carried out,

b

the party who is to carry them out, and

c

the time by which they are to be carried out.

2

A species control agreement may contain such supplementary provision as the parties consider appropriate.

3

That may include provision as to—

a

how species control operations are to be carried out,

b

payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or

c

any species control operations that must not be carried out.

Notice of compliance

8

Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.

Liability

9

An environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.