a statement that the undertaking is made in accordance with this Schedule; information as to how and when the person is to be considered to have discharged the undertaking. Invasive alien species (Enforcement and Permitting) Order 2019: non-native deer. Part 9 contains provisions ensuring that a person may not be convicted of both an offence under this Order and under other specified enactments by reason of the same act. It also provides enforcement provisions and prescribes offences and penalties. The Secretary of State and Welsh Ministers make this Order in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)(1), and by section 22(5) of the Wildlife and Countryside Act 1981(2). Invasive Alien Species (Enforcement and Permitting) Order 2019 1. (7) In paragraph (6), “officer”, in relation to an unincorporated association, means—, (a)an officer of the association or a member of its governing body; or. (2) The first report must be published before 1st October 2024. (2) The regulator must revise and update the guidance where appropriate. 1987/1265 (as amended by S.I. 15 August 2019. (a)ascertaining whether an offence under this Order is being or has been committed; (b)verifying information supplied by a person for the purpose of obtaining a permit or a licence; or. Article 191 of the Treaty on the Functioning of the European Union requires Union policy on the environment to be based on the precautionary principle. Cortaderia jubata. 3 August 2016. (2) A permit or licence in relation to which an offence under article 4 or 5 (false statements and misuse of permits or licences) has been committed is void—, (a)in the case of an offence under article 4, as from the time when it was granted; and. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12), and by paragraph 36 of Part 2 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16). set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); assess the extent to which those objectives are achieved; and. (commonly known as the marbled crayfish). 21.—(1) This Order is enforced by enforcement officers and designated customs officials. 1955/554 and 1992/3302. it relates to controls on imports into and exports from the United Kingdom; it relates to the offshore marine area; or. (3) In so far as any act authorised by a 1932 Act licence would otherwise be an offence under this Order unless authorised by a permit issued under article 35(1)(a) or (b), and could have been authorised by such a permit, the 1932 Act licence has effect for the purposes of this Order as such a permit, authorising that act to the extent authorised by the 1932 Act licence, and (so far as relevant to the offence in question) subject to the conditions to which the 1932 Act licence is subject and the conditions specified in paragraphs 2 and 3 of Article 8 of the Principal Regulation (permits) and set out in Table 2 of Schedule 1. where scientific information is insufficient, by the application of the precautionary principle(, by providing it to any person who asks for it in writing(. (ii)transferred to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). (b)that such importation or exportation (as the case may be) is or was authorised by a permit or a licence, or (if it would otherwise be unlawful) is lawful by virtue of a defence under articles 15 to 18. (Scotland) Act 1994(23); (ii)the Department of Agriculture, Environment and Rural Affairs; 22.—(1) If a constable or a designated customs official has reasonable grounds to suspect that any person is committing or has committed an offence under this Order, the constable or designated customs official may, without warrant—. a third party undertaking is accepted from any person, a notice imposing a variable monetary penalty is served on any person, or. if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. (4) The amount of a variable monetary penalty must not exceed £250,000. 11.—(1) Proceedings for an offence under this Part alleged to have been committed by a partnership (other than a Scottish partnership) or an unincorporated association must be brought against the partnership or association in the name of the partnership or association. 5. (a)been seized under article 26 whilst being imported or exported, or once imported or brought to a place for the purpose of export, (b)been seized under article 27 or 29(2), or. (2) Where the regulator decides to impose a requirement, the notice imposing it (the “final notice”) must comply with paragraph 12 (for compliance or restoration notices) or 13 (for fixed or variable monetary penalties). In der „Unionsliste“ invasiver Arten benennt die EU Tier- und Pflanzenarten, die mit ihrer Ausbreitung Lebensräume, Arten oder Ökosysteme beeinträchtigen und daher der biologischen Vielfalt schaden können. It was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. (c)search or examine anything which that person may be using or which is in that person’s possession if the constable or designated customs official suspects with reasonable cause that evidence of the commission of the offence is to be found on it. If an escape or spread occurs, the contingency plan is to be implemented immediately and the permit may be withdrawn, temporarily or permanently. (2) The court which convicts a person of an offence under this Order must order the offender to reimburse any costs incurred in connection with keeping a relevant specimen by the person—, (a)holding it following its seizure by an enforcement officer under article 26(1); or. 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