The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015

Welsh Statutory Instruments

2015 No. 1180 (W. 78)

Wildlife, Wales

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015

Made

16 April 2015

Laid before the National Assembly for Wales

20 April 2015

Coming into force

11 May 2015

The Welsh Ministers, in exercise of the powers conferred by section 22(5)(a) of the Wildlife and Countryside Act 1981(1) and now vested in them(2), make the following Order.

In accordance with the requirements of section 26(4) of that Act, the Welsh Ministers—

(a)

have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and

(b)

have consulted with the Joint Nature Conservation Committee, being the advisory body(3) the Welsh Ministers considered was best able to advise them as to whether this Order should be made.

Title and commencement

1.—(1) The title of this Order is the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015.

(2) This Order comes into force on 11 May 2015.

Variation of Schedule 9

2.  In Part 1B of Schedule 9 to the Wildlife and Countryside Act 1981 (animals no longer normally present)(4), in the entry relating to “Beaver, Eurasian” omit “(but not in relation to Wales)”.

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

16 April 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies in relation to Wales, varies Part 1B of Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69) (“the Act”), which lists animals no longer normally present in Great Britain which may not be released or allowed to escape into the wild.

Article 2 of this Order adds the Eurasian Beaver to Part 1B of Schedule 9 to the Act in relation to Wales (the Eurasian Beaver is currently included only in relation to England).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government (Land, Nature and Forestry Division), Rhodfa Padarn, Llanbadarn Fawr, Aberystwyth, Ceredigion, SY23 3UR.

(1)

1981 c. 69. Section 22(5)(a) was amended by section 25 of the Infrastructure Act 2015 (c. 7).

(2)

The functions of the Secretary of State under section 22(5)(a) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

For the definition of “advisory body” see sections 23(3) and 27(1) of the Wildlife and Countryside Act 1981.

(4)

Part 1B of Schedule 9 was inserted by section 24(5) of the Infrastructure Act 2015.