The Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012

Northern Ireland Statutory Rule 2012 No. 335 — creates 7 criminal offences.

7offences created

0recorded in force

0revoked

Made: 7 September 2012
In force from: 15 October 2012
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: (EC) No 708/2007, European Communities Act 1972, Schedule 2(d), of the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Council Regulation (EC) No 708/2007 (O.J. No. L.168, 28.6.2007, p.1), as last amended by Regulation (EU) No. 304/2011 of the European Parliament and of the Council (O.J. No.L.88, 4.4.2011, P.1) concerning use of alien and locally absent species in aquaculture. Part 2 of the Regulations deals with permits (regulation 5), environmental risk assessments (regulation 9), contingency plans (regulation 10) and monitoring (regulation 11). It also makes provision for the movement of species listed in Annex IV to Council Regulation 708/2007 and the translocation of locally absent species within Northern Ireland or to Northern Ireland from another part of the United Kingdom to be restricted (regulations 6 to 8). Part 3 gives enforcement powers to inspectors and makes provision for appeals. A person found guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to an unlimited fine (regulation 23). Part 4 deals with miscellaneous provisions including consequential amendments to the Molluscan Shellfish (Control of Deposit) Order (Northern Ireland) 1972 and the Prohibition of Introduction of Fish Order (Northern Ireland) 1979. A Regulatory Impact Assessment in relation to the Regulations has been placed in the library of the Northern Ireland Assembly. It is available on the DARD website at www.dardni.gov.uk/index/publications/pubs-dard-fisheries-farming-and-food/alien-and-locally-absent-species-ria.htm.

Offences created by this instrument

Contingency plan regulation 10(2) · Status not determined · Strict liability
Seizure of items regulation 15(7) · Status not determined · Strict liability
Enforcement notices regulation 17(8) · Status not determined · Strict liability
Amendment, suspension or revocation of permit or notice regulation 19(6) · Status not determined · Strict liability
It is an offence for a person — a for the purpose of procuring the grant or amendment of a permit, - i to make a… regulation 21 · Status not determined · Requires proof of a state of mind
Requirement for permit to introduce alien species or translocate locally absent species regulation 4(1) · Status not determined · Strict liability
Notifying movement of Annex IV species or translocation of locally absent species regulation 6(6) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 Lords · Grand Committee · 20 February 2019 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, as indicated, this instrument extends to Northern Ireland only. I am most grateful to officials from the Department of Agriculture, Environment and Rural Affairs who are here today to assist with advice and support. The island of Ireland has only 10 native species of fish, which is 40 fewer than in Great Britain and 80 fewer than continental Europe. With fewer species, in turn, it has fewer aquatic pests and diseases and consequently has a higher aquatic health status. We must ensure that this situation is maintained. We also acknowledge the vulnerability of the Northern Ireland…
Exiting the European Union (Aquaculture) Commons · Commons Chamber · 20 February 2019 · George Eustice
My right hon. Friend will be aware that once we leave the EU, whether without an agreement or after the conclusion of the implementation period, the UK will be free to legislate independently in such areas, rather than having to do so in accordance with EU directives. The UK Government remain committed to restoring devolution in Northern Ireland. However, in the absence of a Northern Ireland Executive, UK Ministers have decided that, in the interest of legal certainty for Northern Ireland, the Government will take through the necessary secondary legislation at Westminster for Northern…
Exiting the European Union (Aquaculture) Commons · Commons Chamber · 20 February 2019 · The Minister for Agriculture, Fisheries and Food (George Eustice)
I beg to move, That the draft Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, which were laid before this House on 15 January, be approved. This instrument extends to Northern Ireland only. The island of Ireland has only 10 native species of fish—40 fewer than in Great Britain and 80 fewer than continental Europe. With fewer species, it has fewer aquatic pests and diseases and, consequently, has a higher aquatic health status. We must ensure that that situation is maintained. We also acknowledge the vulnerability of the…

How Parliament handled it

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