Search Legislation

The Invasive Alien Species (Enforcement and Permitting) Order 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 36

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/12/2019.

Changes to legislation:

There are currently no known outstanding effects for the The Invasive Alien Species (Enforcement and Permitting) Order 2019, Section 36. Help about Changes to Legislation

Licences for activities relating to invasive alien speciesU.K.

This section has no associated Explanatory Memorandum

36.—(1) Subject to the provisions of this article, the licensing authority may grant a licence for the purposes specified in paragraph (2).

(2) The purposes are—

(a)implementation of an eradication measure pursuant to Article 17 of the Principal Regulation (rapid eradication at an early stage of invasion);

(b)implementation of a management measure pursuant to Article 19 of the Principal Regulation (management measures);

(c)the commercial use, on a temporary basis, of an invasive alien species as part of a management measure pursuant to Article 19(2) of the Principal Regulation (commercial use of invasive alien species which are already established); or

(d)the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Principal Regulation (transitional provisions for non-commercial owners).

(3) A licence under this article may only be granted to such persons as are named in the licence.

(4) A licence under this article must specify—

(a)the invasive alien species to which the licence relates;

(b)where the licensing authority considers it appropriate, the number or volume of specimens to which the licence relates;

(c)the conditions subject to which the action authorised by the licence may be taken and in particular—

(i)the methods, means and arrangements by which the action authorised by the licence may be taken;

(ii)the area or areas within which the action authorised by the licence may be taken;

(iii)when or over what period the action authorised by the licence may be taken; and

(iv)any other conditions that the licensing authority considers are appropriate.

(5) The licensing authority must not grant a licence under this article unless satisfied—

(a)in relation to a licence for a purpose mentioned in paragraph (2)(a), that the licence is subject to such conditions as are, in the opinion of the licensing authority, necessary to meet the aim of ensuring that the eradication plan to which the licence relates will be effective in achieving the complete and permanent removal of the population of the invasive alien species concerned;

(b)in relation to a licence for a purpose mentioned in paragraph (2)(c), that there is strict justification and that all appropriate controls are in place to avoid any further spread of the invasive alien species concerned;

(c)in relation to a licence for a purpose mentioned in paragraph (2)(d), that all appropriate controls are in place to ensure that reproduction or escape of the animal to which the licence relates is not possible.

(6) A licence may be modified, suspended, or revoked at any time by the licensing authority, but is otherwise valid for the period stated in the licence.

Commencement Information

I1Art. 36 in force at 1.12.2019, see art. 1(1)

Back to top

Options/Help