Environment Act 2021

SCHEDULE 2A (1) (1) This Schedule applies to development which— (a) is of a description of development to which a development consent order application may relate, and (b) is not excluded development, to the extent that the development is carried out in England. (2) In this Schedule— - “development consent order application” means an application made under section 37 which falls to be determined under section 104 or 105; - “excluded development” means development of a description specified in regulations made by the Secretary of State. (2) (1) A biodiversity gain statement is a statement of government policy in relation to the biodiversity gain to be achieved in connection with any description of development to which this Schedule applies. (2) In particular the statement must— (a) set out a biodiversity gain objective for any description of development to which this Schedule applies, and (b) set out that, where development consent order applications are made for any development of that description during a period specified in the statement, the development must meet that objective. (3) The statement may specify how development of any description may or must meet the biodiversity gain objective. (4) In this Schedule, references to the period for which a biodiversity gain statement has effect are to the period referred to in sub-paragraph (2)(b). (3) (1) A biodiversity gain objective is an objective that the biodiversity value attributable to development to which a biodiversity gain statement relates exceeds the pre-development biodiversity value of the onsite habitat by a percentage specified in the statement. (2) The percentage specified under sub-paragraph (1) must be at least 10%. (3) The Secretary of State may by regulations amend sub-paragraph (2) so as to change the percentage for the time being specified in it. (4) (1) A biodiversity gain statement may specify for the purposes of a biodiversity gain objective how the biodiversity value or relative biodiversity value of any habitat or habitat enhancement is to be calculated. (2) That may include calculation by, or by reference to— (a) a biodiversity metric set out in a document produced by the Secretary of State for the purposes of the statement, (b) the biodiversity metric referred to in paragraph 4 of Schedule 7A to the Town and Country Planning Act 1990, or (c) such other biodiversity metric as the Secretary of State considers appropriate. (3) The Secretary of State must— (a) lay any document within sub-paragraph (2)(a) before Parliament, and (b) publish it in such manner as the Secretary of State considers appropriate. (5) (1) A biodiversity gain statement may specify for the purposes of a biodiversity gain objective— (a) what the pre-development biodiversity value of onsite habitat consists of, and (b) the date by reference to which it is calculated. (2) A biodiversity gain statement may in particular under sub-paragraph (1)(b) specify a different date in relation to development on land where activities on the land before the making of a development consent order application have, or have had, the result that the biodiversity value of the onsite habitat is lower than it would otherwise have been. (3) A biodiversity gain statement must include provision to secure that, where a development consent order application relates to land which is registered in the biodiversity gain site register, the pre-development biodiversity value of the onsite habitat includes the biodiversity value of the habitat enhancement which is, on the date specified under sub-paragraph (1)(b), recorded in the register as habitat enhancement to be achieved on the land. (6) (1) A biodiversity gain statement may specify for the purposes of a biodiversity gain objective what the biodiversity value attributable to any development consists of. (2) In particular, a biodiversity gain statement may specify any of the following as included in the biodiversity value attributable to any development— (a) the post-development biodiversity value of the onsite habitat, (b) the biodiversity value of any offsite biodiversity gain allocated to the development (which may be registered offsite biodiversity gain), and (c) the biodiversity value of any biodiversity credits purchased for the development. (3) If pursuant to sub-paragraph (2)(a) a biodiversity gain statement specifies the post-development biodiversity value of the onsite habitat, the statement must specify what that value consists of. (4) If pursuant to sub-paragraph (2)(b) a biodiversity gain statement specifies the biodiversity value of any offsite biodiversity gain allocated to the development, other than registered offsite biodiversity gain, the statement must specify— (a) what offsite biodiversity gain consists of, and (b) how the allocation of offsite biodiversity gain is to be recorded. (5) Provision under sub-paragraph (3) or (4) must include provision to secure that, where works are carried out for the purposes of any development that increase the biodiversity value of onsite or offsite habitat by an amount that is significant in relation to its previous biodiversity value, the increase is to be taken into account only if— (a) any habitat enhancement resulting from the works is maintained for a period specified in the statement, and (b) the maintenance of that habitat enhancement is secured in a way specified in the statement (for example, through conservation covenants or requirements imposed by a development consent order). (7) (1) A biodiversity gain statement must set out whether, and if so how, the biodiversity gain objective applies in relation to development where the onsite habitat is irreplaceable habitat. (2) A biodiversity gain statement may specify requirements, in relation to any such development, relating to the making of arrangements for the purpose of minimising the adverse effect of the development on the onsite habitat. (8) A biodiversity gain statement must specify the evidence that persons making a development consent order application in relation to which the statement has effect must produce in order to demonstrate how the biodiversity gain objective is met. (9) (1) This paragraph applies where, at the time this Schedule comes into force, an existing national policy statement sets out policy in respect of a description of development to which this Schedule applies. (2) On the first review of the existing national policy statement under section 6 after the coming into force of this Schedule, the Secretary of State must amend the statement under section 6(5)(a) so as to include a biodiversity gain statement for development of that description. (3) The Secretary of State may issue a separate biodiversity gain statement (a “separate biodiversity gain statement”) having effect for any period before that for which the statement included in the existing national policy statement under sub-paragraph (2) has effect. (4) Before issuing a separate biodiversity gain statement the Secretary of State must consult such persons as the Secretary of State considers appropriate. (5) The Secretary of State must keep a separate biodiversity gain statement under review and may amend it at any time. (6) The Secretary of State must— (a) lay a separate biodiversity gain statement before Parliament, and (b) publish it in such manner as the Secretary of State considers appropriate. (7) A separate biodiversity gain statement is for the purposes of section 104(2) to (9) to be regarded as contained in the existing national policy statement. (8) If it appears to the Secretary of State that the existing national policy statement is inconsistent with a separate biodiversity gain statement, the Secretary of State may amend the existing national policy statement in such manner as seems appropriate to the Secretary of State to remove the inconsistency. (9) Where the existing national policy statement is amended pursuant to sub-paragraph (2) to include a biodiversity gain statement in relation to any description of development, a separate biodiversity gain statement relating to development of that description must be revoked as from the beginning of the period for which the new statement has effect. (10) If the existing national policy statement’s designation as a national policy statement is withdrawn in relation to any description of development, any separate biodiversity gain statement relating to development of that description has effect as if it were a biodiversity gain statement issued under paragraph 10(2). (11) References in sub-paragraphs (4) to (10) to separate biodiversity gain statements include amended versions of such statements. (12) For the purposes of this Schedule, “existing national policy statement” means a national policy statement which is designated under section 5 before the coming into force of this Schedule. (13) For the purposes of sub-paragraph (2), an existing national policy statement is only reviewed under section 6 after the coming into force of this Schedule if the review begins after that time. (10) (1) This paragraph applies where, at the time this Schedule comes into force or any subsequent time, no national policy statement sets out policy in respect of a description of development to which this Schedule applies. (2) The Secretary of State may issue a biodiversity gain statement in relation to that description of development. (3) Before issuing a biodiversity gain statement under sub-paragraph (2) the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4) The Secretary of State must keep a statement issued under sub-paragraph (2) under review and may amend or revoke it at any time. (5) The Secretary of State must— (a) lay a statement issued under sub-paragraph (2) before Parliament, and (b) publish it in such manner as the Secretary of State considers appropriate. (6) References in sub-paragraphs (3) to (5) to statements issued under sub-paragraph (2) include amended versions of such statements. (7) If after a statement is issued under sub-paragraph (2) a national policy statement relating to the description of development is designated under section 5, the Secretary of State must— (a) include a biodiversity gain statement in relation to that description of development in the national policy statement, and (b) revoke the statement issued under sub-paragraph (2). (11) (1) The Secretary of State may by regulations provide for this Schedule to apply, with or without modifications, to any development to which this paragraph applies. (2) This paragraph applies to development which— (a) is of a description to which a development consent order application may relate, and (b) is not excluded development, to the extent that the development is carried out in the English marine region. (3) In sub-paragraph (2), the “English marine region” means— (a) the English offshore region, and (b) the English inshore region, excluding waters in England. (4) Regulations under this paragraph may make provision modifying the application of this Schedule in relation to development which is carried out at an inter-tidal location. (5) In sub-paragraph (4), “inter-tidal location” means a location that— (a) is in England, and (b) is also at any time in the English inshore region. (12) For the purposes of this Schedule— - “biodiversity credits” means credits under section 101 of the Environment Act 2021; - “biodiversity gain site register” means the register under section 100 of the Environment Act 2021; - a “biodiversity metric” is a means of measuring the biodiversity value or relative biodiversity value of habitat or habitat enhancement; - “development consent order application” has the meaning given by paragraph 1(2); - “English inshore region” and “English offshore region” have the meanings given by section 322 of the Marine and Coastal Access Act 2009; - “excluded development” has the meaning given by paragraph 1(2); - “existing national policy statement” has the meaning given by paragraph 9(12); - “irreplaceable habitat” has the meaning given in regulations under paragraph 18 of Schedule 7A to the Town and Country Planning Act 1990; - “onsite habitat”, in relation to any development, means habitat on the land to which the development consent order application relates, and “offsite habitat” means habitat on other land; - “registered offsite biodiversity gain” has the meaning given by paragraph 10 of Schedule 7A to the Town and Country Planning Act 1990.

PART 2 — Supplementary amendments to the Planning Act 2008

6

The Planning Act 2008 is amended as follows.

7

In section 37 (applications for orders for development consent), after subsection (3) insert—

(3A) The documents and information prescribed under subsection (3)(d) may include documents and information demonstrating how any biodiversity gain objective in a biodiversity gain statement under Schedule 2A having effect in relation to the development is to be met.

8

In section 120 (what may be included in development consent order), in subsection (2), at the end insert—

(c) requirements designed to secure that— (i) the biodiversity gain objective under Schedule 2A relevant to the development is met; (ii) any proposals included in the application for the order for the purposes of meeting the biodiversity gain objective are implemented.

9

• (1) Section 232 (orders and regulations) is amended as follows.

• (2) In subsection (5), at the end insert—

(f) regulations under paragraph 3(3) or 11 of Schedule 2A.

• (3) In subsection (7), after “or 105(2)(b)” insert “or paragraph 3(3) or 11 of Schedule 2A”.

SCHEDULE 16

Introductory

1

Part 2 of the Forestry Act 1967 (power to control felling of trees) is amended as follows.

Penalty for felling without licence: increase of fine

2

In section 17(1) (penalty for felling without a licence)—

• (a) after “and” insert—

(a) in relation to an offence committed in Wales,

;

• (b) at the end insert

, or (b) in relation to an offence committed in England, liable on summary conviction to a fine.

Restocking notices to be local land charges

3

In section 17A (power to require restocking after unauthorised felling), after subsection (1A) insert—

(1B) A restocking notice served by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.

Enforcement notices to be local land charges

4

In section 24 (notice to require compliance with conditions or directions), at the end insert—

(6) A notice under this section given by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.

Further enforcement notices for new estate or interest holders

5

• (1) In section 17C (enforcement of restocking notice), after “directions),” insert “24A (further notice under section 24 for next estate or interest holders),”.

• (2) After section 24 insert—

(24A) (1) Subsection (2) applies where— (a) a notice has been given to a person under section 24 to require compliance with the conditions of a felling licence in relation to land in England, (b) steps required by the notice have not been taken, and (c) before the time specified in the notice has expired, the person ceases to have the estate or interest in the land by reference to which the notice was served. (2) The Commissioners may give to the next estate or interest holder a further notice under section 24 requiring the steps that were not completed under the notice described in subsection (1) to be completed. (3) In subsection (2) the “next estate or interest holder” means the person who has an estate or interest in the land as is referred to in section 10(1) immediately after the person referred to in subsection (1) ceased to have the estate or interest referred to in subsection (1)(c). (4) The reference in subsection (1) to a notice under section 24 includes a notice given under subsection (2).

Power of court to order restocking after conviction for failure to comply with enforcement notice

6

After section 24A (inserted by paragraph 5) insert—

(24B) (1) This section applies where a person has been convicted of an offence under section 24(4) in England in relation to a failure to take steps required by a notice given under section 24 to remedy a default in the case of non-compliance with— (a) the conditions of a felling licence that relate to the restocking or stocking of land with trees, or (b) the requirements of a restocking notice. (2) The court may make a restocking order. (3) A restocking order is an order that requires the person to take such steps as may be specified therein to be taken within such time as may be so specified— (a) to restock or stock with trees the land in respect of which the notice under section 24 was given, or such other land as the court considers appropriate, and (b) to maintain those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years specified in the order. (4) In deciding whether to make a restocking order the court must have regard to— (a) the interests of good forestry and agriculture and of the amenities of the district to which the restocking order would relate, and (b) the desirability of promoting the establishment and maintenance of adequate reserves of growing trees in England. (5) Section 63(3) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to deal with person for breach of order etc) applies in relation to a restocking order.

Service of notices on directors of companies that have estates or interests in land

7

• (1) Section 30 (service of documents) is amended as follows.

• (2) In subsection (2), at the end insert “or, in the case of service by the Commissioners, upon a director of the company or body”.

• (3) In subsection (3), after “clerk” insert “or director”.

Requiring information from the owner of land

8

In section 30(5) (power to require information regarding interests in land), after the second “land” insert “, and the owner of any land in England”.

SCHEDULE 17

PART 1 — Requirements

Meaning of “forest risk commodity”

1

• (1) In this Schedule “forest risk commodity” means a commodity specified in regulations made by the Secretary of State.

• (2) The regulations may specify only a commodity that has been produced from a plant, animal or other living organism.

• (3) The regulations may specify a commodity only if the Secretary of State considers that forest is being or may be converted to agricultural use for the purposes of producing the commodity.

• (4) “Forest” means an area of land of more than 0.5 hectares with a tree canopy cover of at least 10% (excluding trees planted for the purpose of producing timber or other commodities).

• (5) In sub-paragraph (4) the reference to land includes land that is wholly or partly submerged in water (whether temporarily or permanently).

• (6) The regulations may not specify timber or timber products, within the meaning of Regulation (EU) No. 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market.

• (7) Before making regulations under this paragraph the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (8) The requirement to consult in sub-paragraph (7) may be met by consultation carried out before this paragraph comes into force.

Prohibition on using illegally produced commodities

2

• (1) A regulated person in relation to a forest risk commodity must not use that commodity in their UK commercial activities unless relevant local laws were complied with in relation to that commodity.

• (2) A regulated person in relation to a forest risk commodity must not use a product derived from that commodity in their UK commercial activities unless relevant local laws were complied with in relation to that commodity.

• (3) In this Schedule “local law”, in relation to a forest risk commodity, means any law having effect in the country or territory where the source organism was grown, raised or cultivated.

• (4) In this Schedule “relevant local law”, in relation to a forest risk commodity, means local law—

• (a) which relates to the ownership of the land on which the source organism was grown, raised or cultivated,

• (b) which relates to the use of that land, or

• (c) which otherwise relates to that land and is specified in regulations made by the Secretary of State.

• (5) The regulations may specify a local law only if it relates to the prevention of forest being converted to agricultural use.

• (6) The “source organism” means the plant, animal or other living organism from which the forest risk commodity was produced.

• (7) Sub-paragraph (1) does not apply to the use of a forest risk commodity where—

• (a) the commodity is waste (within the meaning of article 2(1) of the Renewable Transport Fuel Obligations Order 2007 (S.I. 2007/3072)), and

• (b) the use of the commodity is for the purpose of making renewable transport fuel—

• (i) that qualifies for the issue of an RTF certificate under article 17 of that Order, and

• (ii) in respect of which an additional RTF certificate may be issued under article 17A(4) of that Order.

• (8) Sub-paragraph (2) does not apply to the use of a product derived from a forest risk commodity where—

• (a) the commodity is waste (within the meaning of article 2(1) of the Renewable Transport Fuel Obligations Order 2007 (S.I. 2007/3072)), and

• (b) the product is renewable transport fuel—

• (i) that qualifies for the issue of an RTF certificate under article 17 of that Order, and

• (ii) in respect of which an additional RTF certificate may be or has been issued under article 17A(4) of that Order.

Due diligence system

3

• (1) A regulated person in relation to a forest risk commodity who uses that commodity or a product derived from that commodity in their UK commercial activities must establish and implement a due diligence system in relation to that commodity.

• (2) In this Schedule a “due diligence system”, in relation to a forest risk commodity, means a system for—

• (a) identifying, and obtaining information about, that commodity,

• (b) assessing the risk that relevant local laws were not complied with in relation to that commodity, and

• (c) mitigating that risk.

• (3) The Secretary of State may by regulations make further provision about the matters in sub-paragraph (2)(a) to (c), including in particular—

• (a) the information that should be obtained;

• (b) the criteria to be used in assessing risk;

• (c) the ways in which risk may be mitigated.

Annual report on due diligence system

4

• (1) A regulated person in relation to a forest risk commodity who uses that commodity or a product derived from that commodity in their UK commercial activities must, for each reporting period, provide the relevant authority with a report on the actions taken by the person to establish and implement a due diligence system in relation to that commodity as required by paragraph 3.

• (2) The report must be provided no later than 6 months after the end of the reporting period to which it relates.

• (3) The Secretary of State may by regulations make provision—

• (a) about the content and form of reports under this paragraph;

• (b) about the manner in which reports under this paragraph are to be provided.

• (4) The relevant authority must make reports under this paragraph available to the public in the way, and to the extent, specified in regulations made by the Secretary of State.

• (5) In this paragraph “relevant authority” means—

• (a) the Secretary of State, or

• (b) if regulations made by the Secretary of State specify another person as the relevant authority for the purposes of this paragraph, that other person.

• (6) In this Schedule “reporting period” means—

• (a) the period beginning with the day on which this paragraph comes fully into force and ending with the following 31 March, and

• (b) each successive period of 12 months.

Exemption

5

• (1) A regulated person in relation to a forest risk commodity is exempt from the Part 1 requirements in respect of their use of that commodity, or a product derived from that commodity, in their UK commercial activities during a reporting period if they satisfy the following two conditions.

• (2) Condition 1 is that before the start of the period, the person gives a notice to the relevant enforcement authority containing—

• (a) a declaration that the person is satisfied on reasonable grounds that the amount of the commodity used in their UK commercial activities during the period will not exceed the prescribed threshold, and

• (b) the prescribed information.

• (3) Condition 2 is that the amount of the commodity used in the person’s UK commercial activities during the period does not exceed the prescribed threshold.

• (4) Sub-paragraphs (5) and (6) apply where—

• (a) a regulated person gives a notice under sub-paragraph (2), but

• (b) the amount of the commodity used in the person’s UK commercial activities during the period exceeds the prescribed threshold.

• (5) If, before the relevant date, the regulated person gives a notice to the relevant enforcement authority containing the prescribed information, the person is exempt from the Part 1 requirements in respect of their use of the commodity, or the product derived from the commodity, in their UK commercial activities during the part of the reporting period—

• (a) beginning with the start of the period, and

• (b) ending with the date the notice is given.

• (6) If the regulated person does not give a notice under sub-paragraph (5), the person is not exempt from the Part 1 requirements in respect of their use of the commodity, or the product derived from the commodity, in their UK commercial activities during any part of the reporting period.

• (7) In this paragraph—

• “prescribed” means prescribed in regulations made by the Secretary of State;

• “relevant date” means the date during the reporting period that the amount of the commodity used in the person’s UK commercial activities exceeds the prescribed threshold;

• “relevant enforcement authority” means the enforcement authority on which the function of receiving notices under this paragraph has been conferred by Part 2 regulations.

• (8) Regulations under this paragraph may in particular—

• (a) prescribe thresholds by reference to weight or volume;

• (b) make provision about how the amount of a forest risk commodity used in a regulated person’s UK commercial activities (including in relation to a forest risk commodity from which a product is derived) is to be determined,

and regulations under paragraph (b) may include provision for determining the amount by reference to matters determined or published by the Secretary of State or other persons.

• (9) Before making regulations under this paragraph (except under sub-paragraph (2)(b) or (5)) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (10) The requirement to consult in sub-paragraph (9) may be met by consultation carried out before this paragraph comes into force.

Guidance

6

• (1) The Secretary of State may issue guidance to an enforcement authority about the Part 1 requirements.

• (2) An enforcement authority must have regard to guidance issued under sub-paragraph (1) when exercising its functions under Part 2 of this Schedule.

Meaning of “regulated person”

7

• (1) In this Schedule “regulated person”, in relation to a forest risk commodity, means a person (other than an individual) who carries on commercial activities in the United Kingdom, and—

• (a) meets such conditions in relation to turnover as may be specified in regulations made by the Secretary of State for the purposes of defining who is a regulated person in relation to that forest risk commodity, or

• (b) is an undertaking which is a subsidiary of another undertaking which meets those conditions.

• (2) Regulations under sub-paragraph (1) may make provision about how turnover is to be determined.

• (3) Before making regulations under sub-paragraph (1) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (4) The requirement to consult in sub-paragraph (3) may be met by consultation carried out before this paragraph comes into force.

• (5) The Secretary of State may by regulations make provision for the Part 1 requirements not to apply, or to apply with modifications, in relation to a person who becomes a regulated person for such transitional period, after they become a regulated person, as may be specified in the regulations.

• (6) The Secretary of State may by regulations make provision for a group of undertakings to be treated as a regulated person, in such circumstances, for such purposes and to such extent as may be provided (and may modify the application of the Schedule accordingly).

• (7) In this paragraph—

• “group” has the meaning given by section 474 of the Companies Act 2006;

• “undertaking” has the meaning given by section 1161 of that Act,

and whether an undertaking is a subsidiary of another undertaking is to be determined in accordance with section 1162 of that Act.

PART 2 — Enforcement

General power

8

The Secretary of State may by regulations (“Part 2 regulations”) make provision about the enforcement of requirements imposed by or under Part 1 of this Schedule (“Part 1 requirements”).

Powers to confer functions

9

• (1) Part 2 regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority” for the purposes of this Schedule).

• (2) Part 2 regulations may include provision—

• (a) conferring functions involving the exercise of discretion;

• (b) for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.

• (3) Part 2 regulations may include provision requiring an enforcement authority—

• (a) to issue guidance about the exercise of its functions;

• (b) to consult with specified persons before issuing such guidance.

Monitoring compliance

10

Part 2 regulations may include provision conferring on an enforcement authority the function of monitoring compliance with Part 1 requirements.

Records and information

11

Part 2 regulations may include provision—

• (a) requiring persons on whom Part 1 requirements are imposed to keep records;

• (b) requiring persons on whom Part 1 requirements are imposed to provide records or other information to an enforcement authority;

• (c) requiring an enforcement authority to make reports or provide information to the Secretary of State.

Powers of entry etc

12

• (1) Part 2 regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.

• (2) Part 2 regulations may include provision—

• (a) for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;

• (b) about applications for, and the execution of, warrants.

• (3) Part 2 regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—

• (a) enter premises by force;

• (b) enter a private dwelling without the consent of the occupier;

• (c) search and seize material.

Sanctions

13

• (1) Part 2 regulations may include provision—

• (a) for, about or connected with the imposition of civil sanctions in respect of—

• (i) failures to comply with Part 1 requirements or Part 2 regulations, or

• (ii) the obstruction of or failure to assist an enforcement authority;

• (b) for appeals against such sanctions.

• (2) Part 2 regulations must include provision to ensure that in a case where—

• (a) a regulated person fails to comply with a requirement in paragraph 2(1) or (2) in relation to their use of a forest risk commodity or a product derived from a forest risk commodity, but

• (b) an enforcement authority is satisfied that the regulated person took all reasonable steps to implement a due diligence system in relation to the commodity used by the person in that particular case,

a civil sanction may not be imposed on the regulated person in respect of the failure to comply.

• (3) Part 2 regulations may include provision—

• (a) creating criminal offences punishable with a fine in respect of—

• (i) failures to comply with civil sanctions imposed under Part 2 regulations, or

• (ii) the obstruction of or failure to assist an enforcement authority;

• (b) about such offences.

• (4) In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

14

Part 2 regulations may include provision for the imposition of sanctions of that kind whether or not—

• (a) the conduct in respect of which the sanction is imposed constitutes an offence, or

• (b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

Charges

15

Part 2 regulations may include provision—

• (a) requiring persons on whom Part 1 requirements are imposed to pay to an enforcement authority charges, as a means of recovering costs incurred by that enforcement authority in performing its functions;

• (b) authorising a court or tribunal dealing with any matter relating to Part 1 requirements or Part 2 regulations to award to an enforcement authority costs incurred by it in performing its functions in relation to that matter.

Consultation requirement

16

• (1) Before making Part 2 regulations the Secretary of State must consult any persons the Secretary of State considers appropriate.

• (2) The requirement to consult in sub-paragraph (1) may be met by consultation carried out before this paragraph comes into force.

PART 3 — General provisions

Review

17

• (1) The Secretary of State must review the effectiveness of the Part 1 requirements and any Part 2 regulations (“relevant provisions”) in accordance with this paragraph.

• (2) A review must consider in particular—

• (a) the amount of forest being converted to agricultural use for the purposes of producing commodities;

• (b) the impact of the relevant provisions on the amount of forest being converted to agricultural use for the purposes of producing forest risk commodities;

• (c) the impact of the relevant provisions on the use of forest risk commodities, or products derived from forest risk commodities, in UK commercial activities where relevant local laws were not complied with in relation to those commodities;

• (d) any changes to relevant local laws in relation to forest risk commodities.

• (3) Having carried out a review the Secretary of State must lay before Parliament, and publish, a report stating—

• (a) the conclusions of the review, and

• (b) the steps, if any, the Secretary of State intends to take to improve the effectiveness of the relevant provisions (including whether the Secretary of State intends to make any regulations under this Schedule).

• (4) The first review must be completed during the period—

• (a) beginning with the second anniversary of the first date on which paragraphs 2 to 4 are fully in force, and

• (b) ending with the third anniversary of the first date on which paragraphs 2 to 4 are fully in force.

• (5) Subsequent reviews must be completed before the end of the 2 year period beginning with the day on which the previous review was completed.

• (6) A review is completed when the Secretary of State has laid and published the report.

Interpretation

18

• (1) In this Schedule—

• “agricultural use” includes use for horticulture and aquaculture;

• “commercial activity” includes—producing, manufacturing and processing;distributing, selling, or supplying;purchasing for a purpose within paragraph (a) or (b) (but not purchasing as a consumer);

• “due diligence system”, in relation to a forest risk commodity, has the meaning given by paragraph 3;

• “enforcement authority” has the meaning given by paragraph 9;

• “forest” has the meaning given by paragraph 1;

• “forest risk commodity” has the meaning given by paragraph 1;

• “local law”, in relation to a forest risk commodity, has the meaning given by paragraph 2;

• “Part 1 requirements” has the meaning given by paragraph 8;

• “Part 2 regulations” has the meaning given by paragraph 8;

• “regulated person”, in relation to a forest risk commodity, has the meaning given by paragraph 7;

• “relevant local law”, in relation to a forest risk commodity, has the meaning given by paragraph 2;

• “reporting period” has the meaning given by paragraph 4;

• “UK commercial activity” means commercial activity carried on in the United Kingdom.

• (2) References in this Schedule to a product derived from a forest risk commodity are to a product derived from a forest risk commodity in whole or in part (and include any product of an animal fed on a forest risk commodity or a product derived from a forest risk commodity).

SCHEDULE 18

PART 1 — Discharge by Upper Tribunal

Power to discharge on application by landowner or responsible body

1

• (1) The Upper Tribunal may, on the application of a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of being the holder of an estate in land, by order discharge the obligation in respect of any of the land to which it relates.

• (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) the responsible body under the covenant.

2

• (1) The Upper Tribunal may, on the application of the responsible body under a conservation covenant, by order discharge an obligation under the covenant in respect of any of the land to which it relates.

• (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.

Deciding whether to discharge

3

• (1) The Upper Tribunal may exercise its power under paragraph 1(1) or 2(1) if it considers it reasonable to do so in all the circumstances of the case.

• (2) In considering whether to exercise its power under paragraph 1(1) or 2(1), the matters to which the Upper Tribunal is to have regard include—

• (a) whether there has been any material change of circumstance since the making of the original agreement, in particular—

• (i) change in the character of the land to which the obligation relates or of the neighbourhood of that land;

• (ii) change affecting the enjoyment of the land to which the obligation relates;

• (iii) change affecting the extent to which performance of the obligation is, or is likely in future to be, affordable;

• (iv) change affecting the extent to which performance of the obligation is, or is likely in future to be, practicable;

• (b) whether the obligation serves any conservation purpose it had—

• (i) when the original agreement was entered into, or

• (ii) if the obligation has since been modified (whether by agreement or by the Upper Tribunal), when the obligation was modified,

as the case may be; and

• (c) whether the obligation serves the public good.

• (3) In considering whether to exercise its power under paragraph 1(1), the matters to which the Upper Tribunal is to have regard also include—

• (a) whether any conservation purpose which the obligation in question had when the original agreement was entered into could be served equally well by an obligation relating to different land in respect of which the applicant holds a qualifying estate; and

• (b) whether, if an order under paragraph 1(1) were made, such an alternative obligation could be created by means of a conservation covenant.

• (4) In considering, for the purposes of this paragraph, affordability or practicability in relation to performance of an obligation, change in the personal circumstances of a person bound by the obligation is to be disregarded.

• (5) In this paragraph references to the original agreement, in relation to an obligation under a conservation covenant, are to the agreement containing the provision which gave rise to the obligation.

Supplementary powers

4

• (1) The Upper Tribunal may include in an order under paragraph 1(1) or 2(1) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.

• (2) Compensation under sub-paragraph (1) shall be payable to such person at such time and be of such amount as the order may provide.

5

• (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the discharge under paragraph 1(1) of an obligation under a conservation covenant, include in the order discharging the obligation provision making the discharge conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.

• (2) The power under sub-paragraph (1) is exercisable only with the consent of the applicant and the responsible body.

PART 2 — Modification by Upper Tribunal

Power to modify on application by landowner or responsible body

6

• (1) The Upper Tribunal may, on the application of a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of being the holder of an estate in land, by order modify the obligation in respect of any of the land to which it relates.

• (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) the responsible body under the covenant.

7

• (1) The Upper Tribunal may, on the application of the responsible body under a conservation covenant, by order modify an obligation under the covenant in respect of any of the land to which it relates.

• (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.

8

The power under paragraph 6(1) or 7(1) does not include power to make a change to an obligation which, had it been included in the original agreement, would have prevented the provision of the agreement which gave rise to the obligation being provision in relation to which the conditions in section 117(1)(a) were met.

Deciding whether to modify

9

• (1) The Upper Tribunal may exercise its power under paragraph 6(1) or 7(1) if it considers it reasonable to do so in all the circumstances of the case.

• (2) In considering whether to exercise its power under paragraph 6(1) or 7(1), the matters to which the Upper Tribunal is to have regard include—

• (a) whether there has been any material change of circumstance since the making of the original agreement, in particular—

• (i) change in the character of the land to which the obligation relates or of the neighbourhood of that land;

• (ii) change affecting the enjoyment of the land to which the obligation relates;

• (iii) change affecting the extent to which performance of the obligation is, or is likely in future to be, affordable;

• (iv) change affecting the extent to which performance of the obligation is, or is likely in future to be, practicable;

• (b) whether the obligation serves any conservation purpose it had—

• (i) when the original agreement was entered into, or

• (ii) if the obligation has since been modified (whether by agreement or by the Upper Tribunal), when the obligation was modified,

as the case may be; and

• (c) whether the obligation serves the public good.

• (3) In considering, for the purposes of this paragraph, affordability or practicability in relation to performance of an obligation, change in the personal circumstances of a person bound by the obligation is to be disregarded.

Supplementary powers

10

• (1) The Upper Tribunal may include in an order under paragraph 6(1) or 7(1) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.

• (2) Compensation under sub-paragraph (1) shall be payable to such person at such time and be of such amount as the order may provide.

11

• (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the modification under paragraph 6(1) of an obligation under a conservation covenant, include in the order modifying the obligation provision making the modification conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.

• (2) The power under sub-paragraph (1) is exercisable only with the consent of the applicant and the responsible body.

Effect of modification

12

• (1) The modification of an obligation by an order under this Part binds—

• (a) the parties to the proceedings in which the order is made, 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.

• (2) For the purposes of sub-paragraph (1) “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 so bound when the order modifying the obligation was made, or

• (b) an estate in land derived (whether immediately or otherwise) from that estate after the order modifying the obligation was made.

Interpretation

13

In this Part, references to the original agreement, in relation to an obligation under a conservation covenant, are to the agreement containing the provision which gave rise to the obligation.

SCHEDULE 19

PART 1 — General

Application of Part 7

1

Part 7 applies in relation to Crown land as it applies in relation to any other land, subject to the provisions of this Schedule.

Interpretation

2

• (1) In this Schedule—

• (a) “Crown land” means land in relation which there is an estate in land of a kind listed in column 1 of the following Table, and

• (b) “the appropriate authority”, in relation to any Crown land, means the authority specified in column 2 for the estate in land in question.

Estate in land	Appropriate authority
Estate belonging to Her Majesty in right of the Crown (other than estate vesting as bona vacantia)	The Crown Estate Commissioners or other government department having management of the land
Estate vesting in Her Majesty in right of the Crown as bona vacantia	The Treasury Solicitor
Estate belonging to Her Majesty in right of Her private estates	A person appointed by Her Majesty under the Royal Sign Manual, or, if no such appointment is made, the Secretary of State
Estate belonging to Her Majesty in right of the Duchy of Lancaster	The Chancellor of the Duchy of Lancaster
Estate belonging to the Duchy of Cornwall	Such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints
Estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department	That department

• (2) References in this Schedule to Part 7 are to Part 7 of this Act (apart from this Schedule and Schedule 20).

• (3) If any question arises as to what authority is the appropriate authority in relation to any Crown land, that question is to be referred to the Treasury, whose decision is final.

• (4) In this paragraph the reference to Her Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.

Demesne land

3

• (1) Where land belongs to Her Majesty in right of the Crown but is not held for an estate in fee simple absolute in possession—

• (a) Her Majesty in right of the Crown is to be regarded for the purposes of Part 7 and this Schedule as holding an estate in fee simple absolute in possession in the land, and

• (b) any estate granted or created out of the land is to be regarded for those purposes as derived from that estate in fee simple.

• (2) The land referred to in sub-paragraph (1) does not include land which becomes subject to escheat on the determination of an estate in fee simple absolute in possession in the land if—

• (a) it is land to which an obligation under a conservation covenant related when the estate determined, or

• (b) it is not land to which such an obligation related at that time and Her Majesty in right of the Crown has not taken possession or control of the land, or entered into occupation of it.

Land subject to escheat

4

• (1) This paragraph applies where land becomes subject to escheat on the determination of an estate in fee simple absolute in possession in land to which an obligation under a conservation covenant relates.

• (2) The conservation covenant is not terminated on the determination of that estate, even though the appropriate authority has no liability in respect of the obligation unless and until the Crown—

• (a) takes possession or control of the land, or enters into occupation of it, or

• (b) becomes the holder of—

• (i) an estate granted by the Crown out of the land, or

• (ii) an estate in land derived (whether immediately or otherwise) from an estate falling within sub-paragraph (i).

• (3) If the Crown takes possession or control of the land, or enters into occupation of it—

• (a) the Crown is to be regarded for the purposes of Part 7 and this Schedule as holding an estate in fee simple in possession in the land, and

• (b) that estate is to be regarded for those purposes as immediately derived from the determined estate.

• (4) If the Crown grants an estate out of the land after having previously taken possession or control of the land, or entered into occupation of it, the estate is to be regarded for the purposes of Part 7 and this Schedule as immediately derived from the estate mentioned in sub-paragraph (3)(a).

• (5) But if the Crown grants an estate out of the land without having previously taken possession or control of the land, or entered into occupation of it—

• (a) the acts of the Crown in granting that estate are not to be regarded for the purposes of Part 7 and this Schedule as taking possession or control of the land, or entering into occupation of it, and

• (b) the new estate is to be regarded for those purposes as immediately derived from the determined estate.

• (6) In this paragraph and paragraph 5 “the Crown” means Her Majesty in right of the Crown or of the Duchy of Lancaster, or the Duchy of Cornwall, as the case may be.

Bona vacantia

5

• (1) This paragraph applies where an estate in land to which an obligation of the landowner under a conservation covenant relates vests in the Crown as bona vacantia.

• (2) The appropriate authority has no liability in respect of the obligation in relation to any period before the Crown takes possession or control of the land or enters into occupation of it.

PART 2 — Conservation covenants relating to Crown land held by a person other than the appropriate authority

Agreements for the purposes of section 117

6

• (1) If Crown land which is a qualifying estate is held by a person other than the appropriate authority, the appropriate authority may, as respects that qualifying estate, enter into a conservation covenant agreement, in place of the holder of the estate.

• (2) An authority that enters into such an agreement by virtue of sub-paragraph (1) is to be treated for the purposes of section 117 as the holder of the qualifying estate (instead of the person in whose place the authority is acting).

Modification of Part 7 in relation to obligations under certain Crown conservation covenants

7

• (1) Paragraphs 8 to 12 modify Part 7 in its application to obligations under a conservation covenant created by an agreement entered into by virtue of paragraph 6(1).

• (2) In those paragraphs, in relation to an obligation under the conservation covenant—

• “the appropriate authority” means the appropriate authority with respect to the estate in land of the original landowner which is the qualifying estate in relation to the obligation, and

• “the original landowner” means the person who held the qualifying estate when the agreement was entered into.

8

References in Part 7 to an obligation of the landowner under a conservation covenant are to be read as references to an obligation of the appropriate authority under the conservation covenant.

9

• (1) Section 122 has effect with the following modifications in its application to an obligation mentioned in paragraph 8.

• (2) In subsection (2)—

• (a) in paragraph (a), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority, and

• (b) in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (3) In subsection (3) the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (4) In subsection (4)—

• (a) in the opening words and in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority,

• (b) in the opening words, the reference to a successor of that landowner is to be read as a reference to a successor of the original landowner, and

• (c) in paragraph (b), the reference to land in relation to which the landowner ceases to be the holder of the qualifying estate is to be read as a reference to land in relation to which the original landowner ceases to be the holder of the qualifying estate.

• (5) Subsection (5)(c) has effect, if the successor’s immediate predecessor was the original landowner, as if the reference to the successor’s immediate predecessor were a reference to the appropriate authority.

10

• (1) Section 123 has effect with the following modifications in its application to an obligation of the responsible body under the conservation covenant.

• (2) In subsection (1)—

• (a) in paragraph (a), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority, and

• (b) in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (3) In subsection (2) the reference to the landowner under the covenant is to be read as a reference to the original landowner.

• (4) In subsection (3)—

• (a) in the opening words and in paragraph (b), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority,

• (b) in the opening words, the reference to a successor of that landowner is to be read as a reference to a successor of the original landowner, and

• (c) in paragraph (b), the reference to land in relation to which the landowner ceases to be the holder of the qualifying estate is to be read as a reference to land in relation to which the original landowner ceases to be the holder of the qualifying estate.

11

In section 129(4)(b) and (5) the references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.

12

In Schedule 18—

• (a) the references in paragraphs 1(1) and 6(1) to a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of holding an estate in land are to be read as references to the appropriate authority;

• (b) the references in paragraphs 2(2) and 7(2) to any person who by virtue of holding an estate in land is bound by or entitled to the benefit of an obligation are to be read as references to the appropriate authority;

• (c) the references in paragraph 12(1)(b) and (2) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.

PART 3 — Other modifications of Part 7

Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority

13

• (1) Paragraphs 14 to 17 apply where the estate in land by virtue of which a person is a successor of the landowner under a conservation covenant is held by or on behalf of the Crown by a person other than the appropriate authority.

• (2) In sub-paragraph (1) “successor” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which any obligation under the covenant 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.

14

In section 122—

• (a) subsections (2)(b), (3) and (4) have effect as if the estate in land were held by the appropriate authority, and

• (b) subsection (5)(c) has effect, in relation to a disposal of the estate in land, as if the successor’s immediate predecessor were the appropriate authority.

15

In section 123—

• (a) subsections (1)(b), (2) and (4) have effect as if the estate in land were held by the appropriate authority, and

• (b) subsection (4) has effect as if the reference to the successor were a reference to the appropriate authority.

16

• (1) In section 129(4)(b) and (5) references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority acts.

• (2) In section 129(4)(b) and (5) references to a successor of a person bound by the modification (where the person bound is not the appropriate authority) are to be read as if the estate in any of the land to which the modification relates which is held by the person in whose place the appropriate authority acts were held by the appropriate authority.

17

In Schedule 18—

• (a) the reference in paragraph 6(1) to a person bound by an obligation under a conservation covenant by virtue of holding an estate in land is to be read as a reference to the appropriate authority;

• (b) the reference in paragraph 7(2) to any person who is bound by or entitled to the benefit of an obligation by virtue of holding an estate in land is to be read as a reference to the appropriate authority;

• (c) the references in paragraph 12(1)(b) and (2) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority is acting.

Agreements under section 127(1) and (3)

18

• (1) This paragraph applies where, in respect of any of the land to which an obligation of the landowner under a conservation covenant relates, the qualifying estate is held by or on behalf of the Crown by a person other than the appropriate authority.

• (2) The appropriate authority may enter into an agreement under section 127(1) or (3) in place of the holder of that estate.

• (3) An agreement entered into by virtue of sub-paragraph (2) is to be treated for the purposes of section 127(4)(c) as entered into by virtue of the estate in land held by the person in whose place the appropriate authority enters into the agreement.

Agreements under section 128(1)

19

• (1) This paragraph applies if the responsible body under a conservation covenant enters into an agreement under section 128(1) in relation to an obligation which it owes to the other party to the agreement by virtue of paragraph 10(2)(a) or 15(a).

• (2) If the other party is entitled to the benefit of the obligation by virtue of paragraph 10(2)(a), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land held by the person in whose place the other party acted in entering into the agreement which gave rise to the obligation.

• (3) If the other party is entitled to the benefit of the obligation by virtue of paragraph 15(a), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the other party is treated by paragraph 15(a) as holding.

Agreements under section 129(1)

20

• (1) Sub-paragraph (2) applies where a person who—

• (a) is bound by an obligation of the landowner under the covenant by virtue of paragraph 9(2)(a), or

• (b) is entitled to the benefit of the obligation of the responsible body under a conservation covenant by virtue of paragraph 10(2)(a),

exercises the power under section 129(1) to modify the obligation.

• (2) The reference in section 129(3)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land held by the person in whose place the person exercising that power acted in entering into the agreement which gave rise to the obligation.

21

• (1) Sub-paragraph (2) applies where a person who—

• (a) is bound by an obligation of the landowner under a conservation covenant by virtue of paragraph 14(a), or

• (b) is entitled to the benefit of an obligation of the responsible body under a conservation covenant by virtue of paragraph 15(a),

exercises the power in section 129(1) to modify the obligation.

• (2) The reference in section 129(3)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the person is treated by paragraph 14(a) or 15(a) as holding.

SCHEDULE 20

Acquisition of Land Act 1981 (c. 67)

1

The Acquisition of Land Act 1981 is amended as follows.

2

• (1) Section 12 (notice of compulsory purchase by local and other authorities) is amended as follows.

• (2) In the title, for “and occupiers” insert “, occupiers and others”.

• (3) In subsection (2)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b) insert

, or (c) the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.

3

• (1) Paragraph 3 of Schedule 1 (notice of compulsory purchase by Ministers) is amended as follows.

• (2) In the title, for “and occupiers” insert “, occupiers and others”.

• (3) In sub-paragraph (2)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b) insert

, or (c) the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.

Housing and Planning Act 2016 (c. 22)

4

The Housing and Planning Act 2016 is amended as follows.

5

• (1) Section 203 (power to override easements and other rights) is amended as follows.

• (2) In subsections (1)(b) and (4)(b)—

• (a) the words after “breaching” become sub-paragraph (i), and

• (b) after that sub-paragraph insert

, or (ii) an obligation under a conservation covenant.

• (3) In subsection (10)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b)(ii) insert

, or (c) a breach of an obligation under a conservation covenant owed to the National Trust.

6

• (1) Section 204 (compensation for overridden easements etc) is amended as follows.

• (2) In subsection (1), after “section 203” insert “(1)(a) or (b)(i) or (4)(a) or (b)(i)”.

• (3) After subsection (1) insert—

(1A) But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.

7

In section 205(1) (interpretation), at the appropriate place insert—

• “obligation under a conservation covenant” has the same meaning as in Part 7 of the Environment Act 2021;

.

Neighbourhood Planning Act 2017 (c. 20)

8

The Neighbourhood Planning Act 2017 is amended as follows.

9

In section 20 (notice requirements relating to taking temporary possession), at the end insert—

(10) For the purposes of subsection (1), a person entitled to the benefit of an obligation under a conservation covenant is to be treated as having an interest in the land to which the obligation relates.

10

In section 23 (compensation), after subsection (5) insert—

(5A) For the purposes of subsections (2) and (3), the person is not entitled to compensation under this section by virtue of being the person entitled to the benefit of an obligation under a conservation covenant.

11

• (1) Section 27 (powers of acquiring authority in temporary possession of land) is amended as follows.

• (2) In subsection (3)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b), insert

, or (c) causing a person to be in breach of an obligation under a conservation covenant relating to the land.

• (3) After subsection (4) insert—

(4A) The acquiring authority is not bound by an obligation under a conservation covenant relating to the land by virtue of acquiring a right to use the land under this section.

• (4) In subsection (6)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) at the end of paragraph (b), insert

, or (c) a use of land that causes a person (or, if the person were to permit or suffer the use, would cause the person) to be in breach of an obligation under a conservation covenant relating to the land owed to the National Trust.

12

In section 30 (interpretation), at the appropriate place, insert—

• “obligation under a conservation covenant” has the same meaning as in Part 7 of the Environment Act 2021;

.

SCHEDULE 21

Amendment of the REACH Regulation

1

• (1) The Secretary of State may by regulations amend the REACH Regulation.

• (2) The Secretary of State may make regulations under this paragraph only if the Secretary of State considers that the provision made by the regulations is consistent with Article 1 of the REACH Regulation (aim and scope of the REACH Regulation).

• (3) The Secretary of State may not make regulations under this paragraph which amend any protected provision of the REACH Regulation.

• (4) But sub-paragraph (3) does not prevent any protected provision of the REACH Regulation from being amended by provision made under this paragraph by virtue of section 143(1)(a).

• (5) Before making regulations under this paragraph, the Secretary of State must publish an explanation of why the Secretary of State considers that the provision to be made by the regulations is consistent with Article 1 of the REACH Regulation.

• (6) The explanation relating to regulations under this paragraph is to be published—

• (a) no later than the time when the Secretary of State begins the consultation on that exercise of the power that is required by paragraph 5, and

• (b) in the manner which the Secretary of State considers appropriate.

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

Amendment of the REACH Enforcement Regulations 2008

2

• (1) The Secretary of State or a relevant devolved authority may by regulations amend the REACH Enforcement Regulations 2008 (S.I. 2008/2852).

• (2) The Secretary of State or a relevant devolved authority may make regulations under this paragraph only if the Secretary of State or the authority considers that the provision made by the regulations is necessary or appropriate for, or in connection with, enforcement of the REACH Regulation.

• (3) The provision that may be made by regulations under this paragraph includes—

• (a) provision creating, or widening the scope of, a criminal offence;