The Invasive Non-Native Species Framework Strategy for ... - Defra

10 Legislative Framework
10.1 The existing legislative provisions dealing with non-native species in GB are widely dispersed
over a large number of Acts and have historically developed in isolation to tackle specific
problems. GB legislation is most comprehensive in areas of significant economic impact such
as plant and animal health and fisheries. The legislation relating to non-native species in GB
was extensively reviewed in 2001 (Fasham and Trumper, 2001 xiii ) and is also summarised in the
Review of Non-Native Species Policy (Defra, 2003 iii ). Furthermore, legislation on nature
conservation is a devolved matter and so co-operation is essential to devise a robust
framework across GB.
10.2 Some useful and very specific
measures were taken in the Nature
Conservation (Scotland) Act 2004
and the Natural Environment and
Rural Communities (NERC) Act 2006,
but there is still a need to create a
better sense of cohesion across
existing powers and a need for
further improvements. The current
arrangements whereby many powers
are available for very specific
purposes no longer serve us well in
adopting a more comprehensive and
co-ordinated approach to addressing
invasive non-native species issues. For
example, there may be scope for
broadening the remit of the Plant
Health Services to operate more
Banning the sale of highly invasive species such as floating
pennywort is possible under existing legislation.
widely outside the traditional concerns of threats to agriculture and horticulture from plant
pests and diseases. This would reap the benefits of an existing infrastructure and
national network.
10.3 A further factor to consider is that it is also possible that the development by the European
Commission of an EU Strategy could include proposals for specific European legislation
concerning invasive alien species which might then need to be transposed into
domestic legislation.
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