The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019

Northern Ireland Statutory Rule 2019 No. 159 — creates 13 criminal offences.

13offences created

0recorded in force

0revoked

Made: 15 August 2019
In force from: 1 December 2019
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972

Explanatory note

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

This Order gives effect to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species therein (OJ L31/35, 4.11.2014)(“the Principal Regulation”) and of Commission Implementation Regulation (EU) No. 2016/1141 (OJ L189/4, 14.7.2016) adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014. This Order provide for criminal offences relating to breach of requirements of the Principal Regulation. Part 2 of the Order contains criminal offences. Parts 3 and 4 contain defences to those offences and penalties respectively. Part 5 sets out the enforcement provisions. In particular Articles 22 to 24 provide for enforcement notices which allow the Department to serve on the occupier or, where a different person, the owner, or both who has caused or permitted, whether knowingly or otherwise, a species on the Union list to be present on their premises. This Order will be enforced by the Department and authorised persons. Part 6, provides for the issue of permits (Article 28) in accordance with Articles 8 and 9 of the Principal Regulation. Part 7 contains licencing provisions, which may be issued for a number of different activities, provided specific conditions are met (Article 29). Part 8 contains provisions ensuring that the Order works alongside related legislation and avoids duplication of controls between similar regimes where possible. Article 32 makes amendments to Parts 1 and 2 of Schedule 9 to the Wildlife (Northern Ireland) Order 1985. An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.

Offences created by this instrument

Enforcement notices article 22(6) · Status not determined · Strict liability
Recovery of expenses of enforcement notices article 24(1) · Status not determined · Strict liability
Keeping, breeding, transporting etc. of invasive alien species article 3(1) · Status not determined · Requires proof of a state of mind
Keeping, breeding, transporting etc. of invasive alien species article 3(2) · Status not determined · Mixed — some elements strict, some not
Keeping, breeding, transporting etc. of invasive alien species article 3(3) · Status not determined · Strict liability
False statements article 4(1) · Status not determined · Requires proof of a state of mind
False statements article 4(2) · Status not determined · Strict liability
Misuse of permits or licences article 5 · Status not determined · Requires proof of a state of mind
Compliance with permits and licences article 6 · Status not determined · Requires proof of a state of mind
Obstruction and deception article 7(1) · Status not determined · Requires proof of a state of mind
Obstruction and deception article 7(2) · Status not determined · Strict liability
Obstruction and deception article 7(3) · Status not determined · Requires proof of a state of mind
Obstruction and deception article 7(4) · Status not determined · Requires proof of a state of mind

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.

Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 Commons · General Committees · 28 October 2019 · George Eustice
Finally, this SI amends the Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 to ensure parity with retained EU law, omitting the definition of “Union list” throughout the order and, where appropriate, replacing that term with “list of species of special concern”. That list is defined in the amendments to reflect that the list is derived from the EU’s list of invasive alien species. Similar amendments have been made to the UK Invasive Alien Species (Enforcement and Permitting) Order 2019. The amendments made to Northern Ireland domestic regulations in this SI…
Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 Lords · Grand Committee · 30 October 2019 · Baroness Chisholm of Owlpen (Con)
My Lords, the instrument amends existing domestic legislation to ensure operability following EU exit. The SI relates only to Northern Ireland, concerning devolved areas of policy ranging from animal and plant health, non-native invasive alien species and the wider ecosystem, which would normally be dealt with by a devolved Administration. The regulation relates to protecting biosecurity. The changes do not introduce any new policy but seek to ensure that legislation is fully operable after exit. The SI will make minor amendments to existing Northern Ireland domestic legislation, namely the…

How Parliament handled it

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