SCHEDULES
F1SCHEDULE 9ASpecies control agreements and orders (England and Wales)
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.
Sch. 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