Ecological compliance for development projects
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UK Statutory Instrument
2019
United Kingdom
Invasive Alien Species (Enforcement and Permitting) Order 2019
At a glance
Enforced by
What's here
25 compliance obligations, 1 practical guide · 1 journey
Penalty landscape
11 of 25 obligations carry up to 2 years imprisonment. 2 carry different penalties and 12 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 13
- Director or Officer 2
- Manufacturer 1
Plus 9 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
Manufacturers also bound by 472 other Acts (top 5 shown)
- Pressure Equipment (Safety) Regulations 2016 2016 91 duties
- Lifts Regulations 2016 2016 70 duties
- The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 2021 70 duties
- Non-Automatic Weighing Instruments Regulations 2016 2016 67 duties
- Pyrotechnic Articles (Safety) Regulations 2015 2015 64 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Introductory provisions
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 2 — Offences
Import, keeping, breeding, purchase, release etc. of invasive alien species
2 years imprisonment- Illegal import, sale, or release of invasive alien species Any Person
False statements
2 years imprisonment- Provide false information to obtain an invasive species permit Any Person
Misuse of permits or licences
2 years imprisonment- Falsify or alter an invasive species permit Any Person
Compliance with permits and licences
2 years imprisonment- Breach conditions of an invasive species permit or licence Any Person
Obstruction and deception
2 years imprisonment- Obstructing or deceiving an enforcement officer Any Person
Attempts to commit offences etc.
2 years imprisonment- Attempting or preparing to commit an invasive species offence Any Person
Offences by bodies corporate
2 years imprisonment- Personal liability for directors and officers Director or Officer
Offences by Scottish partnerships
2 years imprisonment- Partner liability for invasive species offences by Scottish partnerships Any Person
Offences by partnerships and unincorporated associations
2 years imprisonment- Business partner or officer liability for invasive species offences Director or Officer
Application of offences in the offshore marine area
2 years imprisonment- Breach invasive species controls in offshore marine areas Any Person
Browse 2 other sections in this Part — procedural / definitional / commencement
Proceedings for offences: venue and time limits
Emergency measures
Part 2A — Controls on invasive alien species in the offshore marine area
Browse 1 other section in this Part — procedural / definitional / commencement
Controls on invasive alien species in the offshore marine area
Part 3 — Defences
Browse 6 other sections in this Part — procedural / definitional / commencement
Defences: permits and licences
Defences: enforcement activity
Transitional provision for non-commercial owners: companion animals
Transitional provision for non-commercial owners: commercial stocks
Transitional provisions for commercial stocks
Defences: due diligence
Part 4 — Penalties
Penalties etc.
2 years imprisonment- Breach of invasive species controls or permit conditions Any Person
Part 5 — Enforcement
Action following seizure
Other duties (1) — Crown / regulator
- Regulators must handle seized invasive species within specific timelines Statutory regulator
Recovery of costs
- Pay storage and enforcement costs for detained invasive species Manufacturer
Forfeiture
Other duties (1) — Crown / regulator
- Courts must order forfeiture of items used in invasive species offences Tribunal / Court
Browse 11 other sections in this Part — procedural / definitional / commencement
General
Power to stop and search persons
Power to enter and search vehicles
Powers of entry
Examining relevant organisms and taking samples
Power of seizure for purposes of investigation etc.
Power of seizure to facilitate functions of an enforcement officer
Power to use reasonable force
Proof of lawful import or export
Information sharing
Meaning of relevant permit and relevant licence
Part 6 — Civil sanctions
Browse 1 other section in this Part — procedural / definitional / commencement
Civil Sanctions
Part 7 — Permits
Browse 1 other section in this Part — procedural / definitional / commencement
Part 8 — Licences
Licences for activities relating to invasive alien species
Other duties (1) — Crown / regulator
- Licensing authorities may grant licences for invasive species activities Statutory regulator
Part 9 — Amendments, revocations and effect in relation to other enactments
Browse 6 other sections in this Part — procedural / definitional / commencement
Part 10 — Review
Review: England
Other duties (1) — Crown / regulator
- Secretary of State must review invasive species regulations in England Crown / Minister / Government department
Schedules
Provisions of the Principal Regulation
- Do not trade, keep, or release restricted invasive species Any Person
Civil sanctions
Other duties (1) — Crown / regulator
- Regulators may impose civil penalties for invasive species offences Statutory regulator
Third party undertakings
- Offer a third party undertaking to reduce enforcement action Any Person
Contents of a stop notice
Other duties (1) — Crown / regulator
- Regulators must issue complete stop notices with all required information Statutory regulator
Offences
Unlimited fine- Fail to comply with a stop notice Any Person
Discharge of an enforcement undertaking
Other duties (1) — Crown / regulator
- Businesses can request a certificate confirming enforcement undertaking is complete Statutory regulator
Non-compliance penalties
- Fail to comply with compliance or restoration notice Any Person
Recovery of enforcement costs
Other duties (1) — Crown / regulator
- Regulator may recover enforcement costs from businesses via formal notice Statutory regulator
Imposition of a variable monetary penalty
Other duties (1) — Crown / regulator
- Regulator may impose variable monetary penalty for invasive species offences Statutory regulator
Browse 35 other Schedules — structural / supplementary
Animals and plants to which Articles 3(2) to (4) apply
The regulator
Final notice
Contents of final notice: compliance and restoration notices
Contents of final notice: fixed and variable monetary penalties
Fixed monetary penalty: discount for early payment
Appeals against a final notice
Fixed monetary penalty: non-payment within the stated payment period
Criminal proceedings
Stop notices
Compliance notice
Appeals
Completion certificates
Compensation
Enforcement undertakings
Contents of an enforcement undertaking
Acceptance of an enforcement undertaking
Inaccurate, incomplete or misleading information
Non-compliance with an enforcement undertaking
Restoration notice
Appeals
Withdrawing or amending a notice
Appeals
Guidance as to use of civil sanctions
Consultation on guidance
Publication of enforcement action
Imposition of a fixed monetary penalty
Notice of intent
Combination of penalties
Discharge of liability – fixed monetary penalties
Making representations and objections
Amendments
Wildlife and Countryside Act 1981
The Prohibition of Keeping of Live Fish (Crayfish) Order 1996
The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Natural Resources Wales / Regulatory statement 058.2: Treating and disposing of invasive non-native plants (opens in a new tab) from NRW Detailed Guidance
- Natural Resources Wales / Invasive alien species regulations (opens in a new tab) from NRW Detailed Guidance
- Natural Resources Wales / Apply for a licence to carry out restricted activities associated with managing a widely spread invasive alien species of special concern (opens in a new tab) from NRW Detailed Guidance
- Natural Resources Wales / Apply for a licence for restricted activities associated with the rapid eradication of invasive alien species of special concern (opens in a new tab) from NRW Detailed Guidance
- Natural Resources Wales / Charge waivers for species licensing (opens in a new tab) from NRW Detailed Guidance
- Natural Resources Wales / Public participation: how you can take part in our permit and licence consultations (opens in a new tab) from NRW Detailed Guidance
- Environment Agency controlled waste guidance (opens in a new tab) from Environment Agency Detailed Guidance
- Property Care Association (PCA) - find an accredited contractor (opens in a new tab) Detailed Guidance
- Non-native Species Secretariat (NNSS) (opens in a new tab) Detailed Guidance
- GOV.UK: Prevent the spread of harmful invasive and non-native plants (opens in a new tab) from Natural England Detailed Guidance
- ... and 1 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
NatureScot
PrimaryScotland's nature agency. Advises government, manages protected areas, licenses activities affecting wildlife. Formerly Scottish Natural Heritage (SNH).
Government adviser for the natural environment in England. Responsible for wildlife licensing (protected species), designating and managing protected sites (SSSIs, National Nature …
Natural Resources Wales
Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …
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Regulators
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