Natural Environment and Rural Communities Act …

1 Natural Environmentand RuralCommunities Act2006 CHAPTER 16 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately 10 50 Natural Environment and Rural Communities Act 2006 CHAPTER 16 CONTENTSPART 1 Natural ENGLAND AND THE COMMISSION FOR Rural COMMUNITIESCHAPTER 1 Natural ENGLANDC onstitution and general purpose1 Constitution2 General purposeAdvisory functions3 Review and research4 AdviceGeneral implementation powers5 Carrying out proposals and other assistance7 Management agreements8 Experimental schemesOther functions9 Information services services and training11 Power to charge for services and licencesNatural Environment and Rural Communities Act 2006 (c.)

2 16)ii12 Power to bring criminal proceedings13 Incidental powersPowers of Secretary of State14 Grants15 Guidance16 DirectionsCHAPTER 2 COMMISSION FOR Rural COMMUNITIESThe Commission and its general purpose17 Commission for Rural Communities18 Commission s general purposeFunctions19 Representation, advice and monitoring20 Research21 Information services to charge for services23 Incidental powersPowers of Secretary of State24 Grants25 DirectionsCHAPTER 3 SUPPLEMENTARYT ransfer schemes on dissolution of English Nature and Countryside Agency27 Continuing powers to make transfer schemes28 Transfer schemes.

3 Supplementary29 Interim arrangementsInterpretation30 InterpretationPART 2 NATURE CONSERVATION IN THE UKJoint Nature Conservation Committee Nature Conservation Committee32UK conservation bodiesNatural Environment and Rural Communities Act 2006 (c. 16)iii33 Purpose of functions under this PartCoordinated functions34 Functions of national or international significance35 Advice from joint committee to UK conservation body36GB functions with respect to wildlife37UK conservation bodies: incidental powers for UK purposes, 3 WILDLIFE to conserve biodiversity41 Biodiversity lists and action (England)42 Biodiversity lists and action (Wales)Pesticides harmful to wildlife43 Possession of pesticides harmful to wildlife44 Enforcement powers in connection with pesticides45 Codes of practice46 InterpretationProtection of birds47 Protection for nests of certain birds which re-use their nests48 Birds released into the wild as part of re-population programme49 Registration etc.

4 Of certain captive birdsInvasive non-native species50 Sale etc. of invasive non-native species51 Codes of practice in connection with invasive non-native speciesEnforcement etc. of provisions relating to wildlife52 Enforcement powers in connection with wildlife53 Wildlife offences: time limits for proceedings54 Application of Part 1 of 1981 Act to CrownNatural Environment and Rural Communities Act 2006 (c. 16)ivPART 4 SITES OF SPECIAL SCIENTIFIC INTEREST55 Offences in connection with SSSIs56 Denotification57 Effect of failure to serve certain notices in connection with SSSIs58 Notices and signs relating to SSSIsPART 5 NATIONAL PARKS AND THE BROADS59 Criteria for designating National Parks60 Procedure for orders designating National Parks61 Members of National Park authorities62 Expenditure by National Parks authorities63 Notification of agricultural operations on moor and heath in National Parks64 Functions of Broads Authority and others in relation to

5 The Broads65 Emergency financial assistancePART 6 RIGHTS OF WAYR ights of way and mechanically propelled vehicles66 Restriction on creation of new public rights of way67 Ending of certain existing unrecorded public rights of way68 Presumed dedication of restricted byways and use by pedal cycles dedication and applications under section 53(5) of the 1981 Act70 Supplementary71 InterpretationTraffic regulation in National Parks72 Traffic regulation on byways etc. in National ParksPART 7 INLAND WATERWAYS73 Inland Waterways Advisory Council74 Constitution of Council75 Term of office, procedure of Council: England and Wales77 Functions of Council: ScotlandNatural Environment and Rural Communities Act 2006 (c.)

6 16)vPART 8 FLEXIBLE ADMINISTRATIVE ARRANGEMENTSCHAPTER 1 AGREEMENTS WITH DESIGNATED BODIESP owers to enter into agreements78 Agreement between Secretary of State and designated body79 Agreement between designated bodies80 Designated bodies81 Reserved functions82 Maximum duration of agreementSupplementary83 Particular powers84 Agreements with local authorities85 Supplementary provisions with respect to agreements86 InterpretationCHAPTER 2 POWERS TO REFORM AGRICULTURAL ETC. BODIESP ower to create boards87 Power to establish boards88 Permissible purposes of boards89 Permissible functions of boards90 Ancillary provisionsPower to dissolve existing levy bodies and boards91 Power to dissolve existing levy bodies92 Power to dissolve board93 Dissolution: supplementaryPowers of appropriate authority94 Grants95 DirectionsSupplementary96 The appropriate authority 97 Orders: procedure Environment and Rural Communities Act 2006 (c.

7 16)viCHAPTER 3 FINANCIAL ASSISTANCE98 Financial assistancePART 9 MISCELLANEOUS99 Natural beauty in the countryside100 Byelaws relating to land drainage101 Abolition of certain agricultural etc. committeesPART 10 FINAL PROVISIONS102 Crown land103 Wales104 Power to make further provision105 Minor and consequential amendments provisions107 Commencement108 Extent109 Short titleSchedule 1 Natural EnglandSchedule 2 Commission for Rural CommunitiesSchedule 3 Transfer schemesSchedule 4 Joint Nature Conservation CommitteeSchedule 5 Enforcement powers in connection with wildlifePart 1 Amendments of the Wildlife and Countryside Act 1981 Part 2 Powers of wildlife inspectors extended to certain other ActsPart 3 Codes of practicePart

8 4 Constable s search warrant power extended to certain otherActsSchedule 6 Wildlife offences: time limits for proceedingsSchedule 7 Designated bodies Schedule 8 Agricultural etc. boardsSchedule 9 Functions which may be assigned to boardsSchedule 10 Ancillary provisions relating to boardsSchedule 11 Minor and consequential amendmentsPart 1 GeneralPart 2 Inland waterwaysSchedule 12 Repeals and revocationsELIZABETH IIc. 16 Natural Environment and Rural Communities Act 20062006 CHAPTER 16An Act to make provision about bodies concerned with the naturalenvironment and Rural Communities ; to make provision in connection withwildlife, sites of special scientific interest, National Parks and the Broads; toamend the law relating to rights of way; to make provision as to the InlandWaterways Amenity Advisory Council.

9 To provide for flexible administrativearrangements in connection with functions relating to the Environment andrural affairs and certain other functions; and for connected purposes.[30th March 2006]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 Natural ENGLAND AND THE COMMISSION FOR Rural COMMUNITIESCHAPTER 1 Natural ENGLANDC onstitution and general purpose1 Constitution(1)There is to be a body known as Natural England.

10 (2) Natural England is to have the functions conferred on it by or under this Act orany other Environment and Rural Communities Act 2006 (c. 16)Part 1 Natural England and the Commission for Rural CommunitiesChapter 1 Natural England2(3)Except where otherwise expressly provided, Natural England s functions areexercisable in relation to England only.(4)English Nature and the Countryside Agency are dissolved and their functionsare (subject to the provisions of this Act) transferred to Natural England.(5)Schedule 1 contains provisions about the constitution of Natural England andrelated purpose(1) Natural England s general purpose is to ensure that the Natural environmentis conserved, enhanced and managed for the benefit of present and futuregenerations, thereby contributing to sustainable development.