Plant and Animal Health Bill

A

BILL

TO

Advance plant, animal health and good biosecurity by creating a duty to provide biosecurity information to travelers and importers, establish a voluntary biosecurity taskforce to build resilience and data collection in respect of biosecurity and expand the ancient woodland inventory and give ancient woodland protection from development and other acts that would cause them damage and for connected purposes.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

1- Duty to provide biosecurity information at ports

(1) The secretary of state has a duty to ensure that all in-bound ports must provide individuals entering from a destination outside of the Exclusive Economic Zone with access to biosecurity information and inform individuals of its presence through audiovisual and written information.

(2) The biosecurity information available at a port of entry must include—

• (a) A statement on the importance of biosecurity to the United Kingdom's economy and ecology; and

• (b) An overview of offences concerning breaches to biosecurity under the Animal Health Act 1981 or the Plant Health Order 2005; and

• (c) the category limits for the range of sentences in relation to offences under the Animal Health Act 1981 or the Plant Health Order 2005; and

• (d) precautions and or actions that the individual is suggested or obligated to take to improve the United Kingdom's biosecurity.

(3) The subsection (2) requirements relate to the totality of the information at a location, individual pieces of information may contain only part of the requirements.

(4) The Minister may by regulations amend subsection (2) of this section to add requirements in content or presentation of the information.

2 - Duty to provide biosecurity information to exporters

(1) The secretary of state has a duty to provide for a website to be set up with access to biosecurity information relevant for exporters and inform exporters of its presence through the department of international trade.

(2) The biosecurity information available on the website must include—

• (a) A statement on the importance of biosecurity to the United Kingdom's economy and ecology; and

• (b) An overview of offences concerning breaches to biosecurity under the Animal Health Act 1981 or the Plant Health Order 2005; and

• (c) the category limit range of sentences in relation to offences under the Animal Health Act 1981 or the Plant Health Order 2005; and

• (d) precautions and or actions specific to importers and broken down by sector and export destination where appropriate that are suggested or obligated to be taken to improve the United Kingdom's biosecurity.

3 - Failure to provide biosecurity information effect on liability

The failure to provide biosecurity information to an individual or body corporate does not exempt any individual from liability from the provisions of the Animal Health Act 1981 or the Plant Health Order 2005.

4 - Biosecurity voluntary taskforce

(1) The Biosecurity voluntary taskforce is herein established.

(2) The purpose of the taskforce is to improve the United Kingdom's Biosecurity resilience in the event of outbreaks and support containment, to this end it shall;

• (a) provide a coordinated means to inform the public about biosecurity and the identification of prohibited or notifiable plants;

• (b) recruit individuals with identifiable skills to the taskforce;

• (c) provide a coordinated way to report invasive species;

• (d) provide training in the identification or prevention of invasive species;

• (e) collect and publish statistics on invasive species prevalence and spread;

• (f) prevent the spread of invasive species to areas of ancient woodland.

(3) By 2030 the taskforce is targeted to have 500,000 voluntary members.

(4) The secretary of state is to provide the task force with funds to ensure its operation, deliver training and pay reasonable expenses.

5 - False Reporting of notifiable organisms

(1) It is an offence to falsely report notifiable organisms.

(2) It is a defence to show that they could not otherwise distinguish if it was a notifiable organism.

6 - Ministerial duty to produce public sector guidance

As soon as is practicable the secretary of state should issue public guidance on the procurement of trees for planting, having regard to biosecurity. And within such guidance mandate a biosecurity assurance scheme.

7 - Ancient Woodland Inventory

(1) The forestry commission has a responsibility to identify and add all ancient woodlands in England over 0.25 hectares in current maps and add it to the Ancient Woodland Inventory as soon as it is practical and after that identify such woodland in historic maps as far as data allows.

(2) When the historic mapping is complete, the forestry commission shall include in future reports the data collected on the loss of historic woodland and where possible discuss trends and its causes.

(3) The Secretary of State may provide the forestry commission with funds to carry out the (1) responsibility.

8 - Prohibition in regards Ancient woodland

(1) Development resulting in the loss of ancient woodland, or ancient and veteran trees, must be refused by planning commissions, unless it is required for human health and safety.

(2) Where permission has been granted for development but the development would result in the loss of ancient woodland, or ancient and veteran trees and at the time of commencement the loss has not occurred then the planning permission is void with respect to any act that would cause a loss.

(3) Where the forestry commission, another public authority, or a citizen identifies previously unmapped or mapped ancient woodland at threat by development, they may apply for a court order to stop the development in whole or in part.

(4) If it appears to a court that there is ancient woodland and that it is under threat from development it must grant an order under (2) aimed at removing the threat.

(5) It is illegal to alter or carry out work on trees in ancient woodland, an ancient tree or a veteran tree, unless in one of the following circumstances—

• (a) if the tree presents an urgent risk to health and saftey;

• (b) if tree is dead;

• (c) pruning trees in an orchard;

• (d) preventing or controlling the spread of infection or invasive species to the tree or woodland; and

• (e) removing dead branches from the tree.

(6) Where an exception under (4)(a) is used the local planning commission should be notified as soon as is practicable.

(7) Where an exception under (4)(b) is used the local planning commission should be notified within 5 working days.

(8) Upon conviction under indictment an individual or body corporate committing an offence under (4) is liable to a fine not exceeding level 1 on the standard scale.

(9) Where development is allowed for reasons of human health, the disturbance to the woodland must be minimised and proportional to the need.

9 - Protection of ancient woodland from invasive species

(1) Landowners have a duty of due diligence to have awareness of the presences of invasive species on their land, where they notice a notifiable or a prohibited organism or believe that they have noticed such they must report it under the Plant Health Order 2005.

(2) Landowners with an area of ancient woodland listed in the ancient woodland inventory, or an ancient tree or a vetran tree within their land have a duty of active due diligence towards it to from time to time have regard for invasive species on their land or within proximity to the woodland or tree.

(3) Landowners may request free support from local authorities or the voluntary biosecurity task force in carrying out their due diligence obligations if they are unable to effectively carry them out.

(4) It is an offence to breach the duty to due diligence.

10 -Penalties

(1) Upon conviction on indictment an individual guilty of an offence under section 5(1) may be fined an amount no greater than level 1 on the standard scale or a community service order for no more than 10 hours, or both.

(2) Upon conviction on indictment an individual guilty of an offence under section 9(4) may be fined an amount no greater than level 1 on the standard scale or a community service order for no more than 10 hours, or both.

11 - Interpretation

“ancient tree” means a tree over 400 years old.

“ancient woodland” means woodlands over 400 years old with a unique bio-culture.

“veteran tree” means a tree with local cultural value designated by an order of a local planning commission or parish council.

12 - Extent, commencement, and short title

(1) This Act shall extend to England and Wales but have no effect in Wales; except sections 1, 2, 3 and 12 which extend to the whole United Kingdom.

(2) This Act shall come into force 3 months after receiving Royal Assent.

(3) This Act may be cited as the Plant and Animal Health Act.

This Bill was written by u/LeChevalierMal-Fait and u/Greejatus and submitted by His Grace The Duke of Suffolk /u/DrLancelot KCT CVO PC on behalf of the Libertarian Party.

This reading will end on Monday, 18th May at 10pm BST