Legalize / United Kingdom / Public General Act

Environment Act 2021

Type Public General Act

Publication 2021-11-09

Last updated 2025-07-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) A responsible authority must have regard to the guidance when preparing a local nature recovery strategy.

(7) The Secretary of State must lay before Parliament, and publish, the guidance.

Information to be provided by the Secretary of State

107

(1) For the purpose of assisting responsible authorities in their preparation of local nature recovery strategies, the Secretary of State must prepare and publish a national habitat map for England.

(2) The national habitat map must in particular identify—

(a) national conservation sites, and

(b) other areas that in the opinion of the Secretary of State are of particular importance for biodiversity.

(3) The Secretary of State may from time to time review and republish the national habitat map.

(4) The Secretary of State must inform a responsible authority of any area in the authority’s strategy area which falls within subsection (5).

(5) An area falls within this subsection if in the Secretary of State’s opinion—

(a) the area could be of greater importance for biodiversity, or is an area where the recovery or enhancement of biodiversity could make a contribution to other environmental benefits, and

(b) the area could contribute to the establishment of a network of areas across England for the recovery and enhancement of biodiversity in England as a whole.

(6) The Secretary of State must provide a responsible authority with any other information—

(a) that is held by the Secretary of State, and

(b) that the Secretary of State considers might assist the authority in preparing a local nature recovery strategy.

Interpretation

108

(1) This section has effect for the purposes of sections 104 to 107.

(2) “Local authority” means—

(a) a county or district council in England;

(b) a London borough council;

(d) the Council of the Isles of Scilly.

(3) “National conservation site” means—

(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981;

(b) a national nature reserve declared in accordance with section 35 of that Act;

(d) a marine conservation zone designated under section 116 of the Marine and Coastal Access Act 2009;

(e) a European site, within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

Conservation

Species conservation strategies

109

(1) Natural England may prepare and publish a strategy for improving the conservation status of any species of fauna or flora.

(2) A strategy under subsection (1) is called a “species conservation strategy”.

(3) A species conservation strategy must relate to an area (the “strategy area”) consisting of—

(a) England, or

(b) any part of England.

(4) A species conservation strategy for a species may in particular—

(a) identify areas or features in the strategy area which are of importance to the conservation of the species,

(b) identify priorities in relation to the creation or enhancement of habitat for the purpose of improving the conservation status of the species in the strategy area,

(c) set out how Natural England proposes to exercise its functions in relation to the species across the whole of the strategy area or in any part of it for the purpose of improving the conservation status of the species in the strategy area,

(d) include Natural England’s opinion on the giving by any other public authority of consents or approvals which might affect the conservation status of the species in the strategy area, and

(e) include Natural England’s opinion on measures that it would be appropriate to take to avoid, mitigate or compensate for any adverse impact on the conservation status of the species in the strategy area that may arise from a plan, project or other activity.

(5) Natural England may, from time to time, amend a species conservation strategy.

(6) A local planning authority in England and any prescribed authority must co-operate with Natural England in the preparation and implementation of a species conservation strategy so far as relevant to the authority’s functions.

(7) The Secretary of State may give guidance to local planning authorities in England and to prescribed authorities as to how to discharge the duty in subsection (6).

(8) The Secretary of State must lay before Parliament, and publish, the guidance.

(9) A local planning authority in England and any prescribed authority must in the exercise of its functions have regard to a species conservation strategy so far as relevant to its functions.

(10) In this section—

“England” includes the territorial sea adjacent to England, which for this purpose does not include—any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), orany part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);

“local planning authority” means a person who is a local planning authority for the purposes of any provision of Part 3 of the Town and Country Planning Act 1990;

“prescribed authority” means an authority exercising functions of a public nature in England which is specified for the purposes of this section by regulations made by the Secretary of State.

(11) Regulations under subsection (10) are subject to the negative procedure.

Protected site strategies

110

(1) Natural England may prepare and publish a strategy for—

(a) improving the conservation and management of a protected site, and

(b) managing the impact of plans, projects or other activities (wherever undertaken) on the conservation and management of the protected site.

(2) A strategy under subsection (1) is called a “protected site strategy”.

(3) A “protected site” means—

(a) a European site,

(b) a site of special scientific interest, or

to the extent the site or zone is within England.

(4) A protected site strategy for a protected site may in particular—

(a) include an assessment of the impact that any plan, project or other activity may have on the conservation or management of the protected site (whether assessed individually or cumulatively with other activities),

(b) include Natural England’s opinion on measures that it would be appropriate to take to avoid, mitigate or compensate for any adverse impact on the conservation or management of the protected site that may arise from a plan, project or other activity,

(c) identify any plan, project or other activity that Natural England considers is necessary for the purposes of the conservation or management of the protected site, and

(d) cover any other matter which Natural England considers is relevant to the conservation or management of the protected site.

(5) In preparing a protected site strategy for a protected site, Natural England must consult—

(a) any local planning authority in England which exercises functions in respect of an area—

(i) within which any part of the protected site is located, or

(ii) within which a plan, project or other activity that Natural England considers may have an adverse impact on the conservation or management of the protected site is being, or is proposed to be, undertaken,

(b) any public authority in England—

(i) that is undertaking, or proposing to undertake, a plan, project or other activity that Natural England considers may have an adverse impact on the conservation or management of the protected site,

(ii) the consent or approval of which is required in respect of a plan, project or other activity that Natural England considers may have an adverse impact on the conservation or management of the protected site, or

(iii) that Natural England considers may otherwise be affected by the strategy,

(i) the conservation or management of which Natural England considers may be affected by the strategy, or

(ii) the sea fisheries resources of which Natural England considers may be affected by the strategy,

(d) the Marine Management Organisation, where—

(i) any part of the protected site is within the MMO’s area, or

(ii) Natural England considers any part of the MMO’s area may otherwise be affected by the strategy,

(e) the Environment Agency,

(f) the Secretary of State, and

(g) any other person that Natural England considers should be consulted in respect of the strategy, including the general public or any section of it.

(6) In subsections (4) and (5), a reference to an adverse impact on the conservation or management of a protected site includes—

(a) in relation to a European site, anything which adversely affects the integrity of the site,

(b) in relation to a site of special scientific interest, anything which is likely to adversely affect the flora, fauna or geological or physiographical features by reason of which the site is of special interest,

(c) in relation to a marine conservation zone, anything which hinders the conservation objectives stated for the zone pursuant to section 117(2) of the Marine and Coastal Access Act 2009, and

(d) any other thing which causes deterioration of natural habitats and the habitats of species as well as disturbance of the species in the protected site, in so far as such disturbance could be significant in relation to the conservation or management of the protected site.

(7) A person whom Natural England consults under subsection (5)(a) to (e) must co-operate with Natural England in the preparation of a protected site strategy so far as relevant to the person’s functions.

(8) The Secretary of State may give guidance as to how to discharge the duty in subsection (7).

(9) The Secretary of State must lay before Parliament, and publish, the guidance.

(10) A person must have regard to a protected site strategy so far as relevant to any duty which the person has under—

(a) the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012),

(b) sections 28G to 28I of the Wildlife and Countryside Act 1981, or

(11) Natural England may, from time to time, amend a protected site strategy.

(12) The duty to consult a person under subsection (5) also applies when Natural England amends a protected site strategy under subsection (11) so far as the amendment is relevant to the person’s functions.

(13) In this section—

“England” has the meaning given in section 109;

“European site” has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017;

“IFC authority” means an inshore fisheries and conservation authority created under section 150 of the Marine and Coastal Access Act 2009;

“local planning authority” has the meaning given in section 109;

“marine conservation zone” means an area designated as a marine conservation zone under section 116(1) of the Marine and Coastal Access Act 2009;

“MMO’s area” has the meaning given in section 2(12) of the Marine and Coastal Access Act 2009;

“public authority” has the meaning given in section 40(4) of the Natural Environment and Rural Communities Act 2006;

“sea fisheries resources” has the meaning given in section 153(10) of the Marine and Coastal Access Act 2009;

“site of special scientific interest” means an area notified under section 28(1) of the Wildlife and Countryside Act 1981.

Wildlife conservation: licences

111

(1) In section 10 of the Wildlife and Countryside Act 1981 (exceptions to section 9 of that Act), in subsection (1)—

(a) in paragraph (a), omit the final “or”;

(b) at the end insert

or (c) anything done in relation to an animal of any species pursuant to a licence granted by Natural England under regulation 55 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) in respect of an animal or animals of that species

(2) In section 16 of that Act (power to grant licences), in subsection (3)—

(a) in paragraph (h), omit the final “or”;

(b) at the end insert

or (j) in England, for reasons of overriding public interest

(3) In that section, after subsection (3A) insert—

(3B) In England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied— (a) that there is no other satisfactory solution, and (b) that the grant of the licence is not detrimental to the survival of any population of the species of animal or plant to which the licence relates.

(4) In that section, in subsections (5A)(c) and (6)(b), after “two years,” insert “or in the case of a licence granted by Natural England five years,”.

(5) In that section, in subsection (9)(c), after “to (e)” insert “or (j)”.

(6) In the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), in regulation 55(10), for “two years” substitute—

(a) five years, in the case of a licence granted by Natural England, or (b) two years, in any other case.

Habitats Regulations

Habitats Regulations: power to amend general duties

112

(1) The Secretary of State may by regulations amend the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (the “Habitats Regulations”), as they apply in relation to England, for the purposes in subsection (2).

(2) The purposes are—

(a) to require persons within regulation 9(1) of the Habitats Regulations to exercise functions to which that regulation applies—

(i) to comply with requirements imposed by regulations under this section, or

(ii) to further objectives specified in regulations under this section,

instead of exercising them to secure compliance with the requirements of the Directives;

(b) to require persons within regulation 9(3) of the Habitats Regulations, when exercising functions to which that regulation applies, to have regard to matters specified by regulations under this section instead of the requirements of the Directives.

(3) The regulations may impose requirements, or specify objectives or matters, relating to—

(a) targets in respect of biodiversity set by regulations under section 1 or 3;

(b) improvements to the natural environment which relate to biodiversity and are set out in an environmental improvement plan.

(4) The regulations may impose any other requirements, or specify any other objectives or matters, relating to the conservation or enhancement of biodiversity that the Secretary of State considers appropriate.

(5) Regulations under this section may also, in connection with provision made for the purposes in subsection (2), amend other provisions of the Habitats Regulations, as they apply in relation to England, which refer to requirements, objectives or provisions of the Directives.

(6) In making regulations under this section the Secretary of State must have regard to the particular importance of furthering the conservation and enhancement of biodiversity.

(7) The Secretary of State may make regulations under this section only if satisfied that the regulations do not reduce the level of environmental protection provided by the Habitats Regulations.

(8) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (7).

(9) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(10) Regulations under this section may not come into force before 1 February 2023.

(11) In this section—

“the Directives” has the same meaning as in the Habitats Regulations (see regulation 3(1));

“England” includes the territorial sea adjacent to England, which for this purpose does not include— any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), or any part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);

“environmental improvement plan” has the same meaning as in Part 1.

(12) Regulations under this section are subject to the affirmative procedure.

Habitats Regulations: power to amend Part 6

113

(1) The Secretary of State may by regulations amend Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (the “Habitats Regulations”) (assessment of plans and projects) as they apply in relation to England.

(2) In making regulations under this section the Secretary of State must have regard to the particular importance of furthering the conservation and enhancement of biodiversity.

(3) The Secretary of State may make regulations under this section only if satisfied that the regulations do not reduce the level of environmental protection provided by the Habitats Regulations.

(4) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (3).

(5) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6) In this section “England” has the same meaning as in section 112.

(7) Regulations under this section are subject to the affirmative procedure.

Tree felling and planting

Defences to breach of obligation

114

Schedule 16 makes amendments to Part 2 of the Forestry Act 1967 in relation to the enforcement of the power to control the felling of trees in England.

Local highway authorities in England to consult before felling street trees

115

After section 96 of the Highways Act 1980 insert—

(96A) (1) A local highway authority in England must consult members of the public before felling a tree on an urban road (a “street tree”). (2) A local highway authority must have regard to any guidance given by the Secretary of State to local highway authorities about how to discharge the duty under subsection (1). (3) The duty under subsection (1) does not apply in a case where— (a) the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level), (b) the authority considers that the street tree is dead, (c) the authority considers that the street tree is required to be felled— (i) by virtue of an order under the Plant Health Act 1967, or (ii) under any enactment on the basis that the tree is dangerous, (d) the authority considers that the street tree is required to be felled in order to comply with— (i) a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or (ii) a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or (e) the felling of the street tree is required for the purpose of carrying out development authorised by— (i) planning permission granted under section 70, 73, 76D, 77 or 79 of the Town and Country Planning Act 1990, or (ii) outline planning permission granted under section 92 of that Act. (4) In subsection (1) “urban road” means a highway, other than a trunk road or classified road, which— (a) is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 (30 miles per hour speed limit), (b) is subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40 miles per hour, or (c) is otherwise a street in an urban area.

Use of forest risk commodities in commercial activity

116

(1) In Schedule 17—

(a) Part 1 makes provision about the use of forest risk commodities in commercial activity,

(b) Part 2 makes provision about enforcement, and

(2) Regulations under the following provisions of Schedule 17 are subject to the affirmative procedure—

(a) paragraph 1;

(b) paragraph 2(4)(c);

(d) paragraph 7;

(e) Part 2.

(3) Regulations under the following provisions of Schedule 17 are subject to the negative procedure—

(a) paragraph 3;

(b) paragraph 4;

PART 7 — Conservation covenants

Creation of conservation covenant

Conservation covenant agreements

117

(1) For the purposes of this Part, a “conservation covenant agreement” is an agreement between a landowner and a responsible body where—

(a) the agreement contains provision which—

(i) is of a qualifying kind,

(ii) has a conservation purpose, and

(iii) is intended by the parties to be for the public good,

(b) it appears from the agreement that the parties intend to create a conservation covenant, and

(2) The reference in subsection (1)(a) to provision of a qualifying kind is to provision—

(a) requiring the landowner—

(i) to do, or not to do, something on land in England specified in the provision in relation to which the landowner holds a qualifying estate specified in the agreement for the purposes of the provision, or

(ii) to allow the responsible body to do something on such land, or

(b) requiring the responsible body to do something on such land.

(3) For the purposes of subsection (1)(a)(ii), provision has a conservation purpose if its purpose is—

(a) to conserve the natural environment of land or the natural resources of land,

(b) to conserve land as a place of archaeological, architectural, artistic, cultural or historic interest, or

(c) to conserve the setting of land with a natural environment or natural resources or which is a place of archaeological, architectural, artistic, cultural or historic interest.

(4) In this Part—

a reference to conserving something includes a reference to protecting, restoring or enhancing it;

“qualifying estate” means— an estate in fee simple absolute in possession, or a term of years absolute granted for a term of more than seven years from the date of the grant and in the case of which some part of the period for which the term of years was granted remains unexpired;

a reference to “the qualifying estate”, in relation to an obligation under a conservation covenant, is to the estate in land by virtue of which the condition in subsection (1)(a)(i) was met in relation to— if the obligation is not an ancillary obligation, the provision giving rise to the obligation, or if the obligation is an ancillary obligation, the provision giving rise to the obligation to which it was ancillary; (and for this purpose “ancillary obligation” means an obligation under provision falling within section 118(2)(b));

“natural environment”, in relation to land, includes— its plants, animals and other living organisms; their habitats; its geological features.

Conservation covenants

118

(1) A conservation covenant is so much of a conservation covenant agreement as is given statutory effect by this section.

(2) The following provisions of a conservation covenant agreement have statutory effect as a conservation covenant—

(a) provisions in respect of which the conditions in section 117(1)(a) are met, and

(b) provisions ancillary to any provision falling within paragraph (a).

(3) If the agreement includes provision for public access to land to which other provision of the agreement (being provision which meets the conditions in section 117(1)(a)) relates, the provision for public access is to be treated as ancillary to that other provision.

(4) In this Part—

(a) references to an obligation under a conservation covenant are to an obligation of the landowner or the responsible body given statutory effect by this section as part of the conservation covenant, and

(b) references to the land to which an obligation under a conservation covenant relates are, in the case of an obligation given statutory effect by this section by virtue of being ancillary to another provision, to the land to which the obligation under the other provision relates.

Responsible bodies

119

(1) The following are responsible bodies for the purposes of this Part—

(a) the Secretary of State;

(b) bodies which are designated under this section (referred to in this Part as “designated bodies”).

(2) The Secretary of State may, on the application of a local authority or other body, designate it as a responsible body for the purposes of this Part.

(3) The Secretary of State may only designate a local authority if satisfied that it is suitable to be a responsible body.

(4) The Secretary of State may only designate a body that is not a local authority if satisfied that it—

(a) meets the condition in subsection (5), and

(b) is suitable to be a responsible body.

(5) The condition is that—

(a) in the case of a public body or a charity, at least some of its main purposes or functions relate to conservation, or

(b) in any other case, at least some of the body’s main activities relate to conservation.

(6) The Secretary of State may revoke a designation by notice to the body concerned if—

(a) the body has applied to the Secretary of State for its designation to be revoked,

(b) the Secretary of State is satisfied that the body is not suitable to remain as a responsible body, or

(c) in the case of a body other than a local authority, the Secretary of State is satisfied that the body does not meet the condition in subsection (5).

(7) The Secretary of State may determine the criteria to be applied in deciding whether a body is suitable to be or to remain a responsible body (which may include criteria relating to the body’s connection with the United Kingdom).

(8) The Secretary of State must publish (and keep up to date)—

(a) a document setting out the criteria applicable for the purposes mentioned in subsection (7), and

(b) a list of the bodies who are designated under this section.

(9) In this section—

“charity” means a charity registered under the Charities Act 2011 or an exempt charity (within the meaning of that Act);

“conservation” means conservation of— the natural environment or natural resources of land, places of archaeological, architectural, artistic, cultural or historic interest, or the setting of land with a natural environment or natural resources or which is a place of archaeological, architectural, artistic, cultural or historic interest;

“local authority” means— a county or district council in England; a London borough council; the Common Council of the City of London; the Council of the Isles of Scilly.

Effect of conservation covenant

Local land charge

120

(1) A conservation covenant is a local land charge.

(2) For the purposes of the Local Land Charges Act 1975 the originating authority, as respects a conservation covenant, is the person by whom an obligation of the landowner under the covenant is enforceable.

(3) In section 2 of the Local Land Charges Act 1975 (matters which are not local land charges), the references in paragraphs (a) and (b) to a covenant or agreement made between a lessor and a lessee do not include a conservation covenant.

(4) In its application to a conservation covenant, section 10(1) of the Local Land Charges Act 1975 (compensation for non-registration or defective official search certificate) has effect as if—

(a) in the words preceding paragraph (a), the words from the beginning to “but” were omitted,

(b) paragraph (a) (non-registration) were omitted, and

(c) in paragraph (b), for the words from “in existence” to the end there were substituted the words “registered in that register at the time of the search but was not shown by the official search certificate as so registered”.

Duration of obligation under conservation covenant

121

(1) An obligation under a conservation covenant has effect for the default period, unless the covenant provides for a shorter period.

(2) The default period for the purposes of subsection (1) is—

(a) if the qualifying estate in relation to the obligation is an estate in fee simple absolute in possession, a period of indefinite duration, and

(b) if the qualifying estate in relation to the obligation is a term of years absolute, a period corresponding in length to the remainder of the period for which the term of years was granted.

Benefit and burden of obligation of landowner

122

(1) An obligation of the landowner under a conservation covenant is owed to the responsible body under the covenant.

(2) Subject to the following provisions, an obligation of the landowner under a conservation covenant binds—

(a) the landowner under the covenant, and

(b) any person who becomes a successor of the landowner under the covenant.

(3) In subsection (2)(b) “successor” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which the obligation relates—

(a) the qualifying estate, or

(b) an estate in land derived (whether immediately or otherwise) from the qualifying estate after the creation of the covenant.

(4) An obligation of the landowner under a conservation covenant ceases to bind the landowner under the covenant, or a person who becomes a successor of that landowner, in respect of—

(a) land which ceases to be land to which the obligation relates,

(b) in the case of the landowner under the covenant, land in relation to which the landowner ceases to be the holder of the qualifying estate, or

(c) in the case of a successor, land in relation to which the successor ceases to be the holder of the qualifying estate or of the estate derived from the qualifying estate, as the case may be.

(5) Subsection (2)(b) does not apply if—

(a) the obligation is positive and the person becomes a successor by virtue of holding a term of years absolute granted for a term of seven years or less from the date of the grant,

(b) the conservation covenant was not registered in the local land charges register at the time when the successor acquired the estate in land concerned, or

(c) the successor’s immediate predecessor was not bound by the obligation in respect of the land to which the successor’s interest relates.

(6) In the case of a conservation covenant relating to land in an area in relation to which section 3 of the Local Land Charges Act 1975 (as substituted by paragraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet have effect, the reference in subsection (5)(b) to the local land charges register is to the appropriate local land charges register.

(7) The reference in subsection (5)(b) to the time when the successor acquired the estate in land concerned is, if the successor acquired that interest under a disposition which took effect at law only when registered in the register of title kept under the Land Registration Act 2002, to be read as a reference to the time when the disposition was made.

(8) In subsection (5)(c) the successor’s “immediate predecessor” is, unless subsection (9) applies, the successor’s immediate predecessor in title.

(9) If the successor is the first holder of an estate in land which is derived from another estate in land (whether the other estate is the qualifying estate or an estate derived, immediately or otherwise, from it) the successor’s immediate predecessor is the holder of that other estate when the derived estate was created.

Benefit of obligation of responsible body

123

(1) Subject to the following provisions, an obligation of the responsible body under a conservation covenant is owed—

(a) to the landowner under the covenant, and

(b) to any person who becomes a successor of the landowner under the covenant.

(2) In this section “successor” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which the obligation relates—

(a) the qualifying estate, or

(b) an estate in land derived (whether immediately or otherwise) from the qualifying estate after the creation of the covenant.

(3) An obligation of the responsible body under a conservation covenant ceases to be owed to the landowner under the covenant, or to a person who becomes a successor of that landowner, in respect of—

(a) land which ceases to be land to which the obligation relates,

(b) in the case of the landowner under the covenant, land in relation to which the landowner ceases to be the holder of the qualifying estate, or

(c) in the case of a successor, land in relation to which the successor ceases to be the holder of the qualifying estate or of the estate derived from the qualifying estate, as the case may be.

(4) Subsection (1)(b) does not apply if the obligation is ancillary to an obligation of the landowner under the covenant which does not bind the successor.

Breach and enforcement

Breach of obligation

124

(1) A person bound by a negative obligation under a conservation covenant breaches the obligation by—

(a) doing something which it prohibits, or

(b) permitting or suffering another person to do such a thing.

(2) A person bound by a positive obligation under a conservation covenant breaches the obligation if it is not performed.

Enforcement of obligation

125

(1) In proceedings for the enforcement of an obligation under a conservation covenant, the available remedies are—

(a) specific performance,

(b) injunction,

(d) order for payment of an amount due under the obligation.

(2) On an application for a remedy under subsection (1)(a) or (b), a court must, in considering what remedy is appropriate, take into account any public interest in the performance of the obligation concerned.

(3) Subject to subsection (4), contract principles apply to damages for breach of an obligation under a conservation covenant.

(4) In the case of breach of an obligation of the landowner under a conservation covenant, a court may award exemplary damages in such circumstances as it thinks fit.

(5) For the purposes of the Limitation Act 1980, an action founded on an obligation under a conservation covenant is to be treated as founded on simple contract.

Defences to breach of obligation

126

(1) In proceedings for breach of an obligation under a conservation covenant it is a defence to show—

(a) that the breach occurred as a result of a matter beyond the defendant’s control,

(b) that the breach occurred as a result of doing, or not doing, something in an emergency in circumstances where it was necessary for that to be done, or not done, in order to prevent loss of life or injury to any person, or

(i) the land to which the obligation relates was, or was within an area, designated for a public purpose, and

(ii) compliance with the obligation would have involved a breach of any statutory control applying as a result of the designation.

(2) If the only reason for the application of subsection (1)(c) was failure to obtain authorisation, the defendant must also show that all reasonable steps to obtain authorisation had been taken.

(3) The defence under subsection (1)(c) does not apply if the designation was in force when the conservation covenant was created.

(4) The defence of statutory authority (which applies in relation to the infringement of rights such as easements by a person acting under statutory authority) applies in relation to breach of an obligation under a conservation covenant.

(5) In this section—

“authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general;

“statutory control” means control imposed by provision contained in, or having effect under, an Act.

Discharge and modification

Discharge of obligation of landowner by agreement

127

(1) The responsible body under a conservation covenant and a person who holds the qualifying estate in respect of any of the land to which an obligation of the landowner under the covenant relates may, by agreement, discharge from the obligation any of the land in respect of which the person holds that estate.

(2) Subsection (3) applies to—

(a) the responsible body under a conservation covenant, and

(b) a person who is a successor of the landowner under the covenant by virtue of holding an estate in land which—

(i) is an estate in respect of any of the land to which an obligation of the landowner under the covenant relates, and

(ii) is derived (whether immediately or otherwise) from the qualifying estate.

(3) Those persons may, by agreement, discharge the estate in land mentioned in subsection (2)(b) from the obligation in respect of any of the land to which the obligation relates.

(4) Any power under this section is exercisable by agreement executed as a deed by the parties which specifies—

(a) the obligation to which the discharge relates,

(b) the land to which the discharge relates, and

Discharge of obligation of responsible body by agreement

128

(1) A person to whom an obligation of the responsible body under a conservation covenant is owed by virtue of the person holding an estate in land may, by agreement with the responsible body, discharge the obligation, so far as owed in relation to that estate, in respect of any of the land in respect of which the person is entitled to the benefit of the obligation.

(2) The power under this section is exercisable by agreement executed as a deed by the parties which specifies—

(a) the obligation to which the discharge relates,

(b) the land to which the discharge relates, and

Modification of obligation by agreement

129

(1) A person bound by, or entitled to the benefit of, an obligation under a conservation covenant may, by agreement with the responsible body under the covenant, modify the obligation in its application to any of the land in respect of which the person is bound by, or entitled to the benefit of, it.

(2) The power under subsection (1) does not include power to make a change which, had it been included in the original agreement, would have prevented the provision of the agreement that gave rise to the obligation being provision in relation to which the conditions in section 117(1) were met.

(3) The power under this section is exercisable by agreement executed as a deed by the parties which specifies—

(a) the obligation to which the modification relates,

(b) the land to which the modification relates, and

(4) If an obligation under a conservation covenant is modified by an agreement under this section, the modification binds—

(a) the parties to the agreement, and

(b) any person who, as respects any of the land to which the modification relates, becomes a successor of a person bound by the modification.

(5) In subsection (4)(b) “successor of a person bound by the modification”, means a person who holds, in respect of any of the land to which the modification relates—

(a) the estate held by the person bound by the modification when the modification was agreed, or

(b) an estate in land derived (whether immediately or otherwise) from that estate after the modification is agreed.

Discharge or modification of obligation by Upper Tribunal

130

(1) Schedule 18 makes provision about the discharge or modification of an obligation under a conservation covenant on application to the Upper Tribunal.

(2) Where any proceedings by action or otherwise are taken to enforce an obligation under a conservation covenant, any person against whom the proceedings are taken may in such proceedings apply to the High Court or the county court for an order giving leave to apply to the Upper Tribunal under Schedule 18 and staying the proceedings in the meantime.

(3) No application under section 84(1) of the Law of Property Act 1925 (which enables the Upper Tribunal on application to discharge or modify a restriction arising under covenant or otherwise) may be made in relation to an obligation under a conservation covenant.

Replacement etc of responsible body

Power of responsible body to appoint replacement

131

(1) The responsible body under a conservation covenant may appoint another responsible body to be the responsible body under the covenant, unless the covenant otherwise provides.

(2) The power under subsection (1) is exercisable by agreement executed as a deed by the appointor and appointee.

(3) In the case of a conservation covenant registered in the local land charges register, an appointment under subsection (1) only has effect if the appointor supplies to the Chief Land Registrar the information necessary to enable the Registrar to amend the registration.

(4) In the case of a conservation covenant relating to land in an area in relation to which section 3 of the Local Land Charges Act 1975 (as substituted by paragraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet have effect—

(a) the references in subsection (3) to the local land charges register and the Chief Land Registrar are to the appropriate local land charges register and the authority responsible for that register, but

(b) subsection (3) does not apply to an appointment by that authority.

(5) Appointment under subsection (1) has effect to transfer to the appointee—

(a) the benefit of every obligation of the landowner under the conservation covenant, and

(b) the burden of every obligation of the responsible body under the covenant.

(6) Appointment under subsection (1) does not have effect to transfer any right or liability in respect of an existing breach of obligation.

(7) A body appointed under subsection (1) as the responsible body under a conservation covenant must notify its appointment to every person who is bound by an obligation of the landowner under the covenant.

Body ceasing to be a responsible body

132

(1) Subsections (2) and (3) apply if a body which is the responsible body under a conservation covenant ceases to be a designated body.

(2) The body ceases to be the responsible body under the conservation covenant.

(3) The following transfer to the Secretary of State—

(a) the benefit of every obligation of the landowner under the covenant, and

(b) the burden of every obligation of the responsible body under the covenant.

(4) Subsection (3) does not have effect to transfer any right or liability in respect of an existing breach of obligation.

(5) If subsection (3) has effect in relation to a conservation covenant, the Secretary of State becomes custodian of the covenant until—

(a) an appointment under section 131(1) by the Secretary of State has effect in relation to the covenant, or

(b) the Secretary of State makes an election under subsection (6) in relation to the covenant.

(6) If custodian of a conservation covenant, the Secretary of State may elect to be the responsible body under the covenant by giving written notice of election to every person who is bound by an obligation of the landowner under the covenant.

(7) The Secretary of State may, as custodian of a conservation covenant—

(a) enforce any obligation of the landowner under the covenant, and

(b) exercise in relation to the covenant any power conferred by this Part on the responsible body under the covenant.

(8) In relation to any period as custodian of a conservation covenant, the Secretary of State has no liability with respect to performance of any obligation of the responsible body under the covenant.

Miscellaneous

Effect of acquisition or disposal of affected land by responsible body

133

If the responsible body under a conservation covenant acquires an estate in land to which an obligation under the covenant relates (whether an obligation of the landowner or of the responsible body under the covenant)—

(a) the acquisition does not have effect to extinguish the obligation,

(b) section 122(2)(b) applies to the body as it would apply to any other person acquiring the estate in land in the same circumstances, and

Effect of deemed surrender and re-grant of qualifying estate

134

(1) Subsection (2) applies if a term of years absolute which is the qualifying estate in relation to an obligation under a conservation covenant is deemed to be surrendered and re-granted by operation of law.

(2) In the application of sections 122, 123 and 127 to the period after the deemed surrender, references to the qualifying estate are to be read as including a reference to the term of years deemed to be granted.

Declarations about obligations under conservation covenants

135

(1) The court or Upper Tribunal may on the application of any person interested declare—

(a) whether anything purporting to be a conservation covenant is a conservation covenant,

(b) whether any land is land to which an obligation under a conservation covenant relates,

(c) whether any person is bound by, or entitled to the benefit of, an obligation under a conservation covenant and, if so, in respect of what land,

(d) what, upon the true construction of any instrument by means of which an obligation under a conservation covenant is created or modified, is the nature of the obligation.

(2) No application under section 84(2) of the Law of Property Act 1925 (which enables the court on application to make declarations about restrictions under instruments) may be made in relation to an obligation under a conservation covenant.

(3) In this section “the court” means the High Court or the county court.

Duty of responsible bodies to make annual return

136

(1) A designated body must make an annual return to the Secretary of State stating whether, during the period to which the return relates, there were any conservation covenants under which an obligation was owed to it as the responsible body.

(2) If there were any such conservation covenants, the annual return must—

(a) state the number of conservation covenants;

(b) state, for each conservation covenant, the area of the land in relation to which the body was owed any obligation as the responsible body.

(3) The annual return must also give any information that is prescribed under subsection (4).

(4) The Secretary of State may by regulations make provision about annual returns to be made by a designated body.

(5) The provision which may be made under subsection (4) includes, in particular, provision—

(a) prescribing information to be included in an annual return (but see subsection (10)), and

(b) provision as to the period to which an annual return is to relate and the date by which an annual return is to be made.

(6) Subject to any provision made as mentioned in subsection (5)(b)—

(a) the period to which an annual return is to relate, and

(b) the date by which an annual return is to be made,

are such period and date as the Secretary of State may direct.

(7) On giving a direction under subsection (6) the Secretary of State must take all reasonable steps to draw the direction to the attention of each responsible body affected by it.

(8) A direction under subsection (6) may be varied or revoked by a further such direction.

(9) Regulations under subsection (4) and directions under subsection (6) may make—

(a) provision of general application, or

(b) provision applicable only to one or more particular responsible bodies or to responsible bodies of a particular description.

(10) Any information prescribed for inclusion in an annual return made by a designated body must be information about or connected with—

(a) the designated body;

(b) its activities over the period to which the return relates;

(d) the land in relation to which it was owed such an obligation.

(11) Regulations under this section are subject to the negative procedure.

Supplementary

Crown application

137

Schedule 19 makes provision about the application of this Part to Crown land.

Index of defined terms in Part 7

138

The following Table sets out expressions defined or explained in this Part for general purposes.

Expression	Provision
conservation covenant	section 118(1)
conservation covenant agreement	section 117(1)
conservation purpose	section 117(3)
conserving (something)	section 117(4)
designated body	section 119(1)(b)
natural environment (in relation to land)	section 117(4)
qualifying estate (generally)	section 117(4)
the qualifying estate (in relation to an obligation under a conservation covenant)	section 117(4)
responsible body	section 119

Consequential amendments relating to Part 7

139

Schedule 20 makes consequential amendments relating to this Part.

PART 8 — Miscellaneous and general provisions

Regulation of chemicals

Amendment of REACH legislation

140

Schedule 21 confers powers to amend the REACH Regulation and the REACH Enforcement Regulations 2008.

Concurrent functions in Wales

Amendments of Schedule 7B to the Government of Wales Act 2006

141

(1) Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru) is amended as follows.

(2) In paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)—

(a) omit the “or” at the end of paragraph (v);

(b) after paragraph (vi) insert

; or (vii) the Environment Act 2021.

(3) In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—

(a) omit the “or” at the end of paragraph (v);

(b) after paragraph (vi) insert

; or (vii) the Environment Act 2021.

General provisions

Consequential provision

142

(1) The Secretary of State may by regulations make provision that is consequential on this Act or regulations under this Act.

(2) The Welsh Ministers may by regulations make provision that is consequential on—

(a) a provision within section 147(4) (provisions to be commenced by Welsh Ministers), or

(b) regulations under this Act made by the Welsh Ministers.

(3) The Scottish Ministers may by regulations make provision that is consequential on—

(a) a provision within section 147(5) (provisions to be commenced by Scottish Ministers), or

(b) regulations under this Act made by the Scottish Ministers.

(4) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may by regulations make provision that is consequential on—

(a) a provision within section 147(6) (provisions to be commenced by the Department), or

(b) regulations under this Act made by that Department.

(5) The Department for the Economy in Northern Ireland may by regulations make provision that is consequential on regulations under this Act made by that Department.

(6) Regulations under this section may amend or repeal provision made by or under any legislation (whenever passed or made).

(7) Regulations under this section are subject to the affirmative procedure if they amend or repeal any provision of—

(a) an Act of Parliament,

(b) a Measure or Act of Senedd Cymru,

(d) Northern Ireland legislation, ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Regulations under this section to which subsection (7) does not apply are subject to the negative procedure.

(9) Regulations under this section—

(a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

(b) made by the Scottish Ministers, may contain only provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;

(c) made by a Northern Ireland department, may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(10) Regulations under this section made by the Secretary of State may not contain provision that could be contained in regulations under this section—

(a) made by the Welsh Ministers, unless the Welsh Ministers consent;

(b) made by the Scottish Ministers, unless the Scottish Ministers consent;

Regulations

143

(1) A power to make regulations under any provision of this Act includes power to make—

(a) supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes or areas.

(2) Subsection (1) does not apply to regulations under section 147 or 148.

(3) Regulations under this Act made by—

(a) the Secretary of State, or

(b) the Welsh Ministers,

are to be made by statutory instrument.

(4) A power of a Northern Ireland department to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(5) Where regulations under this Act made or to be made by the Secretary of State—

(a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(6) Where regulations under this Act made or to be made by the Welsh Ministers—

(a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru.

(7) Where regulations under this Act made or to be made by a Northern Ireland Department—

(a) are subject to the negative procedure, they are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) ;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

(8) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations under this Act made or to be made by the Scottish Ministers.

(9) Any provision that may be made by regulations under this Act subject to the negative procedure may be made by regulations subject to the affirmative procedure.

Crown application

144

(1) This Act binds the Crown, subject to subsection (2).

(2) An amendment or repeal made by this Act binds the Crown to the same extent as the provision amended or repealed.

Financial provisions

145

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

146

(1) In Part 1 of this Act (environmental governance)—

(a) the following provisions extend to England and Wales—

(i) Chapter 1 (improving the natural environment), except for sections 17 to 20;

(ii) section 28 (monitoring and reporting on environmental improvement plans and targets);

(b) sections 17 to 19 (policy statement on environmental principles) extend to England and Wales and Scotland;

(2) Part 2 of this Act (environmental governance: Northern Ireland) extends to Northern Ireland, except that—

(a) in Part 1 of Schedule 3, paragraphs 16 and 17(7) extend to England and Wales, Scotland and Northern Ireland;

(b) an amendment or repeal made by Part 2 of Schedule 3 has the same extent as the provision amended or repealed.

(3) In Part 3 of this Act (waste and resource efficiency)—

(a) the following provisions extend to England and Wales, Scotland and Northern Ireland—

(i) section 50 and Schedule 4 (producer responsibility obligations);

(ii) section 51 and Schedule 5 (producer responsibility for disposal costs);

(iii) section 52 and Schedule 6 (resource efficiency information);

(iv) section 53 and Schedule 7 (resource efficiency requirements);

(v) section 63 (procedure for regulations under the Environmental Protection Act 1990);

(b) the following provisions extend to England and Wales and Northern Ireland—

(i) section 54 and Schedule 8 (deposit schemes);

(ii) sections 55 and Schedule 9 (charges for single use items);

(i) section 60 (hazardous waste);

(ii) section 66 and Schedule 10 (enforcement powers);

(iii) section 68 (littering enforcement);

(d) section 71 (waste regulation: amendment of Northern Ireland Order) extends to Northern Ireland;

(e) an amendment or repeal has the same extent as the provision amended or repealed, except where contained in a provision for which a different extent is provided by this subsection.

(4) In Part 4 of this Act (air quality and environmental recall)—

(a) section 73 and Schedule 12 (smoke control areas) extend to England and Wales;

(b) sections 74 to 77 (recall of motor vehicles) extend to England and Wales, Scotland and Northern Ireland;

(c) an amendment or repeal has the same extent as the provision amended or repealed, except where contained in a provision for which a different extent is provided by this subsection.

(5) In Part 5 of this Act (water)—

(a) section 84 (report on elimination of discharges from storm overflows) extends to England and Wales;

(b) sections 89 and 93 (water quality) extend to England and Wales, Scotland and Northern Ireland;

(d) section 91 (water quality - powers of Northern Ireland Department) extends to Northern Ireland;

(e) section 92 (Solway Tweed river basin district) extends to England and Wales and Scotland;

(f) an amendment or repeal has the same extent as the provision amended or repealed.

(6) Part 6 of this Act (nature and biodiversity) extends to England and Wales, except that—

(a) the amendments made by Schedule 15 (biodiversity gain in nationally significant infrastructure projects) have the same extent as the provisions amended, and

(b) section 116 and Schedule 17 (use of forest risk commodities in commercial activity) extend to England and Wales, Scotland and Northern Ireland.

(7) Part 7 of this Act (conservation covenants) extends to England and Wales.

(8) This Part (miscellaneous and general provisions) extends to England and Wales, Scotland and Northern Ireland.

Meaning of “natural environment”

147

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) section 63 (procedure for regulations under the Environmental Protection Act 1990);

(b) this Part of this Act (miscellaneous and general provisions), except section 140 and Schedule 21 so far as relating to powers of a Northern Ireland department to make regulations under paragraph 2 of that Schedule.

(2) The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

(a) section 51 and Schedule 5 (producer responsibility for disposal costs) so far as relating to England and Wales and Scotland;

(b) section 52 and Schedule 6 (resource efficiency information) so far as relating to England and Wales and Scotland;

(d) section 54 and Schedule 8 (deposit schemes) so far as relating to England and Wales;

(e) section 55 and Schedule 9 (charges for single use items) so far as relating to England and Wales;

(f) section 56 (carrier bag charge) so far as relating to England and Wales;

(g) section 58 (electronic waste tracking);

(h) section 66 and Schedule 10 (enforcement powers);

(i) section 70 (regulation of polluting activities);

(j) section 80 (storm overflows) and section 84 (report on elimination of discharges from storm overflows);

(k) section 88 (water abstraction in England);

(l) section 89 (water quality), except so far as relating to legislation within section 89(2)(d) to (f) and any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018;

(m) sections 90, 92 and 93 (water quality);

(n) section 97 (disclosure of HMRC information).

(3) The following provisions of this Act come into force on such day as the Secretary of State may by regulations appoint —

(a) Part 1 (environmental governance);

(b) section 50 and Schedule 4 (producer responsibility obligations), so far as relating to England;

(d) section 60 (hazardous waste), so far as relating to England;

(e) section 62 (transfrontier shipments of waste);

(f) section 64 (charging powers), so far as relating to the Environment Agency;

(g) section 68 (littering enforcement), so far as relating to England;

(h) in section 69 (fixed penalty notices), subsections (2) and (4) and subsection (1) so far as relating to those subsections;

(i) section 72 and Schedule 11 (local air quality management framework);

(j) Parts 1 and 3 of Schedule 12 (smoke control areas) and section 73 so far as relating to those Parts;

(k) sections 74 to 77 (recall of motor vehicles);

(l) sections 78 and 79 (water management plans etc), so far as relating to undertakers whose areas are wholly or mainly in England;

(m) sections 81 and 82 (reporting and monitoring duties relating to discharges from storm overflows etc);

(n) section 83 (reduction of adverse impacts of storm overflows);

(o) sections 85 and 87 (amendments to Water Industry Act 1991), so far as relating to undertakers whose areas are wholly or mainly in England and licensees using the systems of such undertakers;

(p) section 86 and Schedule 13 (appointment of water and sewerage undertakers in England);

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