Legislation

Everyone involved with non-native species, including gardeners, keepers of exotic species, importers/exporters, horticulturalists and pet owners should be aware of the relevant legislation. The relevant sections of the key Acts are summarised below along with links to the full Acts (where possible) and further information. Also have a look at Public Consultations for the latest legal developments such as public consultations and publications.

Great Britain

The Wildlife and Countryside Act (1981)

Section 14 of The Wildlife and Countryside Act (1981) is the principal legislation dealing with the release of non-native species. This has been amended by the Nature Conservation (Scotland) Act 2004 in Scotland, and the Natural Environment and Rural Communities Act (2006) in England and Wales. Section 14 of the Act makes it illegal to allow any animal which is not ordinarily resident in Great Britain, or is listed on Schedule 9 to the Act, to escape into the wild, or to release it into the wild.  It is also illegal to plant or otherwise cause to grow in the wild any plant listed on Schedule 9 of the Act. Offences under section 14 carry a maximum penalty of a £5,000 fine (£40,000 in Scotland) and/or 6 months imprisonment on summary conviction (i.e. at Magistrates’ Court) and an unlimited fine (i.e. whatever the court feels to be commensurate with the offence) and/or 2 years imprisonment on indictment (i.e. at Crown Court). Schedule 9 of the WCA Act is currently under review in Scotland and Defra is intending to review this schedule for England and Wales shortly.

Nature Conservation (Scotland) Act (2004)

The Nature Conservation (Scotland) Act 2004 introduced a number of new measures to tackle non-native species. Controls on species listed on Schedule 9 of the WCA and of animal species released into the wild were increased to include hybrids of those species. Section 13 provides a new power to Ministers to list species on an order which makes it an offence to sell, offer or expose for sale, or have in one's possession or transport for the purposes of sale the specified species.

A new power was also provided to allow Ministers to designate guidance so that, although non-compliance itself will not be an offence, it can be used as evidence in a court of law as a common reference point, and in determining whether the accused acted responsibly or exercised due diligence.

The Act increased penalties for offences, in Scotland, to those levels shown above.

Natural Environment and Rural Communities Act (2006)

Section 50 of the Natural Environment and Rural Communities (NERC) Act (2006) allows the Secretary of State to ban the sale of invasive non-native species known to cause damage, in England and Wales. Section 51 of the NERC Act allows the Secretary of State to issue codes of practice (e.g. Horticultural Code of Practice), which alone cannot be used to prosecute but can be used in a court of law to demonstrate that the defendant did not take the necessary precautions (or due diligence) to prevent damage caused by release of non-native species.

Import of Live Fish Act (1980) and Import of Live Fish (Scotland) Act (1978)

These Acts give the relevant Minister the power to make Orders to prohibit or licence the import, keeping or release of non-native fish species which might harm the habitat of, compete with or prey on any freshwater fish, shellfish or Salmon. The Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998, made under the ILFA in England and Wales, prohibits the unlicensed keeping or release of 26 species or genera of non-native fish. The Prohibition of Keeping of Live Fish (Crayfish) Order 1996 aims to prevent the further spread of Signal Crayfish, and prohibits the unlicensed keeping of all other non-native crayfish species in England and Wales. In Scotland, three Orders under the ILFA (Scotland) have been made for three separate species or groups of species (Coho salmon Oncorhynchus kisutch, Pike-perch Stizostedion lucioperca and non-native crayfish). These Acts also allow the courts to order the removal and destruction of illegally stocked specimens of certain fish species.

To find out more about legislation on fish and shellfish disease control click here for a link to the CEFAS website. Also see the Fisheries Research Services website for further infromation.

Plant Health Act (1967) ; Plant Health (England) Order (2005) ; Plant Health (Wales) Order (2006) ; Plant Health (Scotland) Order (2005) ; Plant Health (Forestry) Order (2005)

These pieces of legislation provide protective measures against the introduction of organisms harmful to plants and plant products. The Orders implement EC Directive 77/93/EEC, now consolidated into Directive 2000/29/EC (see above), and is implemented by Defra in England, WAG in Wales and SEERAD in Scotland. The Plant Health (Forestry) Order 2005 is implemented by the Forestry Commission.

The Destructive Imported Animals Act (1932)

This Act restricts the import and keeping of certain mammals including Muskrat Ondata zibethicus, Coypu Myocastor coypus, Grey Squirrel Sciurus caroliensis , Mink Mustela vison, Arctic Fox Alopex lagopus and 'non-indigenous' rabbits. The appropriate authority (Natural England in England, WAG in Wales and SEERAD in Scotland) may licence imports for research or exhibition purposes.

Dangerous Wild Animals Act (1976)

This Act was introduced in response to public concern about the keeping of dangerous animals as pets by private individuals, and the possibility that they might escape into the wild. Licences are required for any animal which appears on a schedule to the Act. These are issued by the relevant local authority, and can only be granted if the authority is satisfied that it would not be contrary to public interest on the grounds of safety or nuisance; that the applicant is a suitable person; and that the animal is kept in adequate and secure accommodation. The local authority is entitled to specify where and how an animal is kept.

Countryside and Rights of Way Act (2000)

The CROW Act updates and amends parts of the Wildlife & Countryside Act relating to non-native species in England and Wales only. Changes that impinge upon the release of non-natives include:

  • The maximum penalties for a Section 14 offence have been increased.
  • New Section 19ZA of the Wildlife & Countryside Act stipulates that wildlife inspectors may enter any premises (except dwellings) to ascertain whether an offence has been committed.
  • Section 19ZB gives police officers and wildlife inspectors the power to obtain a blood or tissue sample from a specimen to be used for analysis (including DNA analysis) to determine the identity or ancestry of the specimen.
  • Article 74 stipulates that it is the duty of all Ministers and government departments, in carrying out their functions, to consider conserving biological diversity in accordance with the CBD. This therefore implies that the implementation of Article 8(h) of the CBD concerning non-native species should be considered by all Ministers and government departments.

Environmental Protection Act (1990)

This Act has very limited provisions for non-native species, but is included here due to the potential classification of soil and other waste containing viable propagules of invasive non-native plant species as controlled waste. This has been applied to Japanese Knotweed Fallopia japonica, with the result that waste containing this species must be disposed of in accordance with official Environment Agency guidance designed to prevent the further spread of the plant.

Salmon and Freshwater Fisheries Act (1975) as amended by the Environment Act (1995)

Section 30 of this Act makes it an offence to introduce any fish into inland waters without the permission of the Environment Agency in England and Wales. As well as covering non-native species, this Act also prohibits the introduction of native species outside their natural ranges.

Salmon Act (1986)

In Scotland, Section 24 of the Salmon Act (1986) prohibits the introduction of Salmon Salmo salar or Salmon eggs into inland waters to a salmon fishery district without the permission of the District Salmon Fishery Board, but there are no controls on other species native to Britain.

Bees Act (1980)

This Act gives Ministers the power to make Orders to prevent the introduction into Great Britain (or their spread within the country) of pests and diseases affecting bees. Measures include prohibiting or licensing the importation of bees and combs, bee products, hives, containers and other appliances used in connection with the keeping or transporting of bees that have or may have been exposed to infection with any pest or disease to which an Order applies.

Zoos Licensing Act (1981)

This Act requires the inspection and licensing of all zoos, and requires suitable precautions to be taken against the escape of captive species considered dangerous to humans.

Pet Animals Act (1951)

This Act provides for the licensing of pet shops, and other premises from which a similar trade is carried out, by local authorities. To obtain a licence, they must comply with reasonable standards of animal husbandry, and the local authority may empower their officers to check the condition of premises.

Animals Scientific Procedures Act (1986)

This Act requires the inspection or licensing of premises where experiments falling within the scope of the Act are being carried out. Premises must conform to high standards, and are inspected regularly by Home Office inspectors.

Europe

The UK is a Contracting Party to the following European conventions:

The Convention on the Conservation of European Wildlife and Natural Habitats

States that under Article 11(2)(b) that each Contracting Party to the Convention undertakes to "strictly control the introduction of non-native species".

Directive on the Conservation of natural habitats and of wild fauna and flora (EC Habitats Directive)

Article 22 of EC Directive 92/43/EEC (on the conservation of natural habitats and of wild flora and fauna) requires member states to "ensure that the deliberate introduction into the wild of any species which is not native to their territory is regulated so as not to prejudice natural habitats within their natural range or the wild native fauna and flora and, if they consider it necessary, prohibit such introduction."

Directive on the conservation of wild birds (EC Birds Directive)

Article 11 of EC Directive 79/409/EEC (on the conservation of wild birds) states that "member states shall see that any introduction of species of bird which do not occur naturally in the wild state in the European territory of the member states does not prejudice the local flora and fauna."

Bonn Convention on the Conservation of Migratory Species of Wild Animals.

The objective of the Bonn Convention is the conservation of migratory species worldwide. The convention acknowledges the importance of conserving migratory species. In order to avoid any migratory species becoming endangered, contracting parties must endeavour to provide immediate protection for migratory species included in Appendix I. To protect endangered migratory species, contracting parties to the Convention will also endeavour: to conserve or restore the habitats of endangered species; to prevent, remove, compensate for or minimise the adverse effects of activities or obstacles that impede the migration of the species; and to the extent feasible and appropriate, to prevent, reduce or control factors that are endangering or are likely to further endanger the species.

Worldwide

The UK is also a contracting party to international conventions:

Convention on Biological Diversity (CBD)

States under Article 8(h) that each Contracting Party shall "prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species". Contracting parties to the CBD also agreed to "achieve by 2010 a significant reduction of the current rate of biodiversity loss at the global, regional and national level" (2010 Biodiversity Target).

Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention).

The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is an intergovernmental treaty which provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.

United nations Convention on the Law of the Sea.

Article 196 of this Convention requires Member States to take all measures necessary to prevent, reduce and control the intentional or accidental introduction of species (non-native or new) to a particular part of the marine environment, which may cause significant and harmful changes.

International Plant Protection Convention (IPPC).

The IPPC has been in force since 1952, and has 111 governments as Contracting Parties. It was extensively revised in 1997 to, amongst other things, reflect the provisions of the WTO SPS Agreement (see below) such as the requirement for Pest Risk Analysis (PRA).

Useful references: