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Planning and Infrastructure Act 2025

Type Public General Act

Publication 2025-12-18

Last updated 2026-08-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(11) Subsections (4) to (7) do not apply to an amendment that only corrects a clerical or typographical error.

Revocation of an EDP

69

(1) The Secretary of State may revoke an EDP—

(a) on a request from Natural England, or

(b) on the Secretary of State’s own initiative.

(2) The Secretary of State must revoke an EDP if the Secretary of State no longer considers that the EDP passes the overall improvement test, unless Natural England has proposed amendments under section 68 which would, if made, result in that test being passed.

(3) If the Secretary of State decides not to revoke an EDP when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.

(4) The power to revoke an EDP includes a power—

(a) to revoke different parts of the EDP at different times;

(b) to revoke the EDP, or parts of the EDP, at different times in relation to different developments.

(5) Where the Secretary of State revokes an EDP, the Secretary of State must publish a notice of revocation setting out—

(a) the fact that the EDP has been revoked and the date of revocation (the “EDP revocation date”),

(b) where only part of the EDP is revoked or different parts of the EDP are revoked at different times or in relation to different developments, details of how the revocation is to take effect, and

Remedial action by Secretary of State where EDP ends or is revoked

70

(1) This section applies where a report under section 67 (1)(b) or (2) (report at end or on revocation of EDP) contains an assessment that the EDP has not passed, or would be unlikely to pass, the overall improvement test (see section 67 (7) and (8)).

(2) The Secretary of State must take such action (“remedial action”) as the Secretary of State considers proportionate for the purpose of seeking to materially outweigh the negative effect on the conservation status of the identified environmental feature that is (or is likely to be) caused by the environmental impact (as identified in the EDP in accordance with section 61 (1)(b)) of any development in respect of which a developer has paid or will pay the nature restoration levy.

(3) In deciding whether remedial action is proportionate, the Secretary of State must take into account—

(a) the extent of the negative effect on the conservation status of the identified environmental feature,

(b) the extent to which the remedial action would remedy that negative effect, and

(4) Remedial action may include—

(a) taking (or continuing to take) any conservation measures included in the EDP, or directing another public authority to take (or continue to take) such measures;

(b) taking, or directing another public authority to take, any other measures to improve the conservation status of the identified environmental feature.

(5) The Secretary of State must, before the end of the period of six months beginning with the date on which the report mentioned in subsection (1) is published, publish a statement setting out—

(a) the remedial action that the Secretary of State intends to take, and

(b) the effect that the remedial action is expected to have on the identified environmental feature.

(6) The Secretary of State must, before the end of the period of two years beginning with the date on which the statement mentioned in subsection (5) is published, publish a report setting out—

(a) the extent to which the remedial action has remedied the negative effect mentioned in subsection (2), and

(b) whether the remedial action has had its expected effect, as set out in the statement under subsection (5)(b).

(7) If any measures taken by way of remedial action have not been fully implemented by the time the report mentioned in subsection (6) is published—

(a) that report must set out when the measures are expected to be fully implemented, and

(b) the Secretary of State must publish a further report, containing the information required under subsection (6)(a) and (b), before the end of the period of six months beginning with the day on which the measures are fully implemented.

Challenging an EDP

71

(1) A court may entertain proceedings for questioning an EDP or anything done, or omitted to be done, by the Secretary of State or Natural England in the course of preparing an EDP only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed during the period of six weeks beginning with the day on which the EDP is published (see section 66).

(2) A court may entertain proceedings for questioning a decision of the Secretary of State not to make an EDP only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of the decision not to make the EDP is published (see section 65 (7)).

(3) A court may entertain proceedings for questioning an amendment to an EDP only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of six weeks beginning with the day on which the amended EDP is published (see section 68 (9)).

(4) A court may entertain proceedings for questioning a decision of the Secretary of State not to make an amendment to an EDP only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of six weeks beginning with either—

(i) in the case of a refusal to amend an EDP on the request of Natural England, the day on which the notice of the decision not to make the amendment is published (see section 68 (7)), or

(ii) in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to amend the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.

(5) A court may entertain proceedings for questioning a revocation of an EDP only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of revocation is published (see section 69 (5)).

(6) A court may entertain proceedings for questioning a refusal by the Secretary of State to revoke an EDP only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of six weeks beginning with either—

(i) in the case of a refusal to revoke an EDP on the request of Natural England, the day on which the notice of the decision not to revoke the EDP is published (see section 69 (3)), or

(ii) in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to revoke the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.

The nature restoration levy

Commitment to pay the nature restoration levy

72

(1) A developer may make a request in writing to Natural England to pay the nature restoration levy in relation to a development to which an EDP applies.

(2) If a development to which a request relates has already commenced, Natural England must have regard to any guidance issued by the Secretary of State in deciding whether to accept the request.

(3) If Natural England accepts the request, the developer is committed to pay the nature restoration levy (see also section 74 (4)).

(4) Schedule 3 sets out how a commitment by a developer to pay the nature restoration levy in relation to a development results in—

(a) an environmental impact of development on a protected feature of a protected site being disregarded for the purposes of obligations under the Habitats Regulations 2017, the Wildlife and Countryside Act 1981 or the Marine and Coastal Access Act 2009;

(b) a developer being treated as having been granted a licence under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992.

(5) An EDP may provide, in relation to a kind of development and kind of environmental impact on an identified environmental feature, that payment of the levy is mandatory, and if it does so—

(a) in a case where the feature is a protected feature of a European site or a Ramsar site, the developer does not have the option of ensuring that any actions relating to the development comply with Part 6 of the Habitats Regulations instead of paying the levy;

(b) in a case where the feature is a protected feature of an SSSI, the developer does not have the option of—

(i) getting Natural England’s consent under section 28E of the Wildlife and Countryside Act 1981 for operations mentioned in that section, to the extent that the operations have that kind of environmental impact on the identified environmental feature, or

(ii) ensuring that any actions relating to the development comply with section 28H or 28I of that Act,

instead of paying the levy;

(c) in a case where the feature is a protected feature of a marine conservation zone, the developer does not have the option of satisfying the public authority determining an application relating to the development of the matters mentioned in section 126(6) or (7) of the Marine and Coastal Access Act 2009 instead of paying the levy;

(d) in a case where the feature is a protected species, the developer does not have the option of applying for a licence directly under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992 (as the case may be) instead of paying the levy.

(6) If an EDP makes provision as mentioned in subsection (5), it must set out the reasons why Natural England considers that to be necessary.

Regulations about the nature restoration levy

73

(1) The Secretary of State may make regulations about the nature restoration levy (“nature restoration levy regulations”).

(2) In making the regulations, the Secretary of State must aim to ensure that the overall purpose of the nature restoration levy is to ensure that costs incurred in maintaining or improving the conservation status of environmental features can be funded (wholly or partly) by developers in a way that does not make development economically unviable.

Liability to pay the levy

74

(1) Nature restoration levy regulations may make provision about liability to pay the nature restoration levy in relation to a development, including—

(a) who is liable to pay the levy, and

(b) when liability to pay arises.

(2) The regulations may in particular include provision about the assumption of liability to pay the levy, such as—

(a) how and when a person may assume liability;

(b) withdrawal of assumption of liability;

(3) The regulations may also include provision—

(a) imposing liability to pay the nature restoration levy in relation to a development—

(i) where no person has assumed liability,

(ii) where an assumption of liability has been withdrawn or cancelled, or

(iii) in other specified circumstances (such as the insolvency or withdrawal of a person who has assumed liability);

(b) about joint, several and partial liability and the liability of partnerships;

(i) include provision for referral to a specified person or body for determination, and

(ii) include provision for appeals;

(d) about the transfer of liability.

(4) The regulations may also make provision for Natural England to be permitted, or required, to rescind its acceptance of a request by a developer to pay the levy (see section 72 (1)) in circumstances specified in the regulations, such that the developer ceases to be committed to pay the nature restoration levy.

Amount of the levy

75

(1) When considering the rates or other criteria to be set out in a charging schedule (see section 62 (1)) in the course of preparing an EDP, Natural England must have regard, to the extent and in the manner specified by nature restoration levy regulations, to—

(a) the actual and expected costs of the conservation measures relating to the environmental impact of development on the environmental feature to which the charging schedule relates;

(b) matters specified in the regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of the grant of a consent for development or the imposition of the levy);

(2) Nature restoration levy regulations may make other provision about rates or other criteria.

(3) The regulations may, in particular, permit or require Natural England—

(a) to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with an EDP;

(b) to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;

(c) to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;

(d) to produce charging schedules having effect in relation to specified periods (subject to revision).

(4) The regulations may permit or require charging schedules to adopt specified methods of calculation.

(5) In particular, the regulations may—

(a) permit or require charging schedules to operate by reference to descriptions or purposes of development;

(b) permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings or of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);

(c) permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;

(d) permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;

(e) permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;

(f) provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.

(6) The regulations may require Natural England to provide in specified circumstances an estimate of the amount of the nature restoration levy chargeable in respect of development of land.

Appeals

76

(1) Nature restoration levy regulations must provide for a right of appeal on a question of fact in relation to the calculation of the amount of the levy payable by a developer.

(2) Regulations under this section or section 74 (3)(c)(ii) may, in particular, make provision about—

(a) who may make an appeal,

(b) the court, tribunal or other person who is to determine an appeal,

(d) the procedure on an appeal, and

(e) the payment of fees, and award of costs, in relation to an appeal.

(3) In any proceedings for judicial review of a decision on an appeal, the defendant is to be such person as is specified in the regulations (and the regulations may also specify a person who is not to be the defendant for these purposes).

Use of nature restoration levy

77

(1) Nature restoration levy regulations must require Natural England to spend money received by virtue of the nature restoration levy on conservation measures that relate to the environmental feature in relation to which the levy is charged (see section 62 (2)).

(2) The regulations may specify—

(a) conservation measures that may be, or may not be, funded by the nature restoration levy;

(b) maintenance and operational activities in connection with conservation measures that may be, or may not be, funded by the levy;

(3) The regulations may—

(a) require Natural England to prepare and publish a list of conservation measures that are to be, or may be, wholly or partly funded by the nature restoration levy;

(b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);

(c) include provision about the circumstances in which Natural England may and may not spend money received by virtue of the nature restoration levy on anything not included on the list.

(4) In making provision about funding, the regulations may, in particular—

(a) permit money received by virtue of the nature restoration levy to be used to reimburse expenditure already incurred;

(b) permit such money to be reserved for expenditure that may be incurred in the future;

(c) permit such money to be used (either generally or subject to limits set by or determined in accordance with the regulations) for administrative expenses in connection with an EDP;

(d) make provision for funding to extend beyond the EDP end date;

(e) make provision for the giving of loans, guarantees or indemnities;

(f) make provision about the use of money received by virtue of the nature restoration levy where anything for which it was to be used no longer requires funding;

(g) make provision about the use of money received by virtue of the nature restoration levy in a case where the EDP under which the levy was paid is revoked.

(5) The regulations may—

(a) require Natural England to account separately, and in accordance with the regulations, for any money received or due by virtue of the nature restoration levy;

(b) require Natural England to monitor the use made and to be made of such money;

(c) require Natural England to report on actual or expected charging, collection and use of money received by virtue of the nature restoration levy;

(d) permit or require Natural England to pass money to another public authority (and in paragraphs (a) to (c) a reference to Natural England includes a reference to a person to whom Natural England passes money in reliance on this paragraph).

Collection of nature restoration levy

78

(1) Nature restoration levy regulations must include provision about the collection of the nature restoration levy.

(2) The regulations may make provision for payment of the levy—

(a) on account;

(b) by instalments.

(3) The regulations may make provision about refunds (with or without interest) in cases of overpayment.

(4) The regulations may make provision requiring, or deeming, the imposition of conditions of development for the purpose of securing the collection of the nature restoration levy (including conditions of development that require the payment of the nature restoration levy before development begins or that require development to cease where the nature restoration levy that is payable has not been paid).

(5) The regulations may make provision about the treatment of payments of the nature restoration levy where there is a change to the development which affects the basis on which the levy is charged (including provision for payments that have been made in relation to a development to discharge liability for the nature restoration levy in respect of other development).

(6) The regulations may make provision about payment in forms other than money (such as making land available, carrying out works or providing services).

(7) The regulations may permit or require a public authority to collect any nature restoration levy charged by Natural England; and section 77 (5)(a) and (c) apply to a collecting authority in respect of collection as they apply to Natural England.

(8) Regulations under this section may—

(a) replicate or apply (with or without modifications) any enactment relating to the collection of a tax;

(b) confer a discretion on Natural England or a collecting authority to determine any matter.

Enforcement

79

(1) Nature restoration levy regulations must include provision about enforcement of the nature restoration levy.

(2) The regulations must make provision about the consequences of late payment and failure to pay.

(3) The regulations may make provision about the consequences of failure to assume liability, to give a notice or to comply with another procedure under nature restoration levy regulations.

(4) The regulations may, in particular, include provision—

(a) for the payment of interest;

(b) for the imposition of a penalty or surcharge;

(d) requiring the provision of information;

(e) creating a criminal offence (including, in particular, an offence relating to evasion or attempted evasion or to the provision of false or misleading information or failure to provide information);

(f) conferring power to prosecute an offence;

(g) for enforcement of sums owed (whether by action on a debt, by distraint against goods or in any other way);

(h) conferring jurisdiction on a court to grant injunctive or other relief to enforce a provision of the regulations (including a provision included in reliance on this section);

(i) for enforcement in the case of death or insolvency of a person liable to pay the nature restoration levy.

(5) Nature restoration levy regulations may include provision (whether or not in the context of late payment or failure to pay) about registration or notification of actual or potential liability to pay the levy; and the regulations may include provision—

(a) for the creation of local land charges;

(b) for the registration of local land charges;

(i) against successive owners, and

(ii) by way of sale or other disposal with consent of a court);

(d) for making entries in statutory registers;

(e) for the cancellation of charges and entries.

(6) Regulations under this section may—

(a) replicate or apply (with or without modifications) any enactment relating to the enforcement of a tax;

(b) provide for appeals.

(7) Regulations under this section may provide that any interest, penalty or surcharge payable by virtue of the regulations is to be treated for the purposes of sections 77 to 80 as if it were an amount of nature restoration levy.

(8) Regulations providing for a surcharge or penalty must ensure that the total amount of a surcharge or penalty in respect of an amount of nature restoration levy may not exceed 30% of that amount.

(9) But the regulations may provide for more than one surcharge or penalty to be imposed in relation to a levy charge.

(10) The regulations may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.

(11) Regulations under this section creating a criminal offence may not provide for—

(a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,

(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or

(12) In subsection (11)(a), “the maximum term for summary offences” means—

(a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) in relation to an offence committed after that time, 51 weeks.

(13) In this Part, a reference to administrative expenses in connection with an EDP includes a reference to enforcement expenses.

Compensation

80

(1) Nature restoration levy regulations may require Natural England or another public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.

(2) In this section, “enforcement action” means action taken under regulations under section 79.

(3) The regulations may provide that compensation is not required to be paid—

(a) to a person who has failed to satisfy a liability to pay the nature restoration levy, or

(b) in other circumstances specified by the regulations.

(4) The regulations may make provision about—

(a) the time and manner in which a claim for compensation is to be made, and

(b) the sums, or the method of determining the sums, payable by way of compensation.

(5) Nature restoration levy regulations may permit or require Natural England to apply the nature restoration levy (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.

(6) A dispute about compensation may be referred to and determined by the Upper Tribunal.

(7) In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 apply subject to any necessary modifications and to the provisions of nature restoration levy regulations.

Guidance about the nature restoration levy

81

(1) The Secretary of State may give guidance to Natural England or another public authority about any matter connected with the nature restoration levy.

(2) Natural England, or any other public authority to whom guidance is given, must have regard to the guidance.

Powers and duties: Natural England etc

Administering, implementing and monitoring EDPs

82

(1) Natural England’s functions under this Part include—

(a) administering EDPs;

(b) taking conservation measures, and doing anything else that Natural England considers necessary to implement EDPs;

(2) In exercise of the function under subsection (1)(b), Natural England may, among other things, develop land.

(3) Natural England may pay another person to take conservation measures.

(4) In monitoring an EDP, Natural England must take sufficient measures to monitor—

(a) the effectiveness of the conservation measures that have been implemented, and

(b) the effects of the EDP in general.

(5) In deciding how to monitor an EDP, Natural England must have regard to guidance issued by the Secretary of State.

Power to enter and survey or investigate land

83

(1) A person authorised by Natural England may enter and survey or investigate any land in connection with the exercise by Natural England of any function conferred by or under this Part.

(2) The power conferred by subsection (1)—

(a) must be exercised at a reasonable hour;

(b) may not be exercised in relation to a private dwelling.

(3) A person authorised under subsection (1) may not demand admission as of right to any land which is occupied unless notice in writing of the intended entry has been given to the occupier as follows—

(a) if the land is held by a statutory undertaker, the notice must be at least 21 days;

(b) in any other case, the notice must be at least 24 hours.

(4) But notice under subsection (3) is not required to be given for second and subsequent entries onto the same land to carry out the same kind of surveying or investigating.

(5) A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal by Natural England to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

(6) In this section, “statutory undertaker” means a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.

Warrant to enter and survey or investigate land

84

(1) This section applies if a justice of the peace is satisfied, on an application by an authorised person giving written information on oath—

(a) that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling in connection with the exercise by Natural England of any function conferred by or under this Part, and

(b) that—

(i) an authorised person has given notice as set out in section 83 (3) but has been denied admission to the land or received no reply to a request for admission within a reasonable period,

(ii) admission to the land is unlikely to be granted unless a warrant is produced, or

(iii) it is necessary to confer a power to use force (if necessary) to achieve the purpose for which entry is sought.

(2) The justice of the peace may issue a warrant conferring a power on any authorised person to enter and survey or investigate the land, if necessary using reasonable force.

(3) Subject to subsection (8), a warrant may be executed in relation to land which is occupied only if notice in writing of the intended entry has been given to the occupier as follows—

(a) if the land is held by a statutory undertaker, the notice must be at least 21 days;

(b) in any other case, the notice must be at least 24 hours.

(4) That notice must—

(a) be accompanied by a copy of the warrant, or

(b) if no warrant has yet been issued, state that Natural England intends to apply for a warrant.

(5) A person executing or seeking to execute a warrant must produce a copy of the warrant to the occupier of the land (if present).

(6) A warrant must specify the number of occasions on which the warrant confers power to enter and survey or investigate the land.

(7) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the warrant is required.

(8) Where a warrant authorises entry onto the same land on more than one occasion, notice under subsection (3) is not required to be given for second and subsequent entries to carry out the same kind of surveying or investigating.

(9) Execution of a warrant must be—

(a) within the period of three months starting with the date of its issue;

(b) at a reasonable hour.

(10) A warrant under this section may not authorise a person to enter and survey or value land in connection with a proposal by Natural England to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

(11) In this section—

“authorised person” means a person authorised by Natural England under section 83;

“statutory undertaker” has the meaning given by that section.

Powers of entry: further provision

85

(1) In this section and in sections 86 and 87, “power of entry” means a power to enter and survey or investigate land conferred by section 83 or by a warrant under section 84.

(2) An authorisation of a person by Natural England to exercise a power of entry must be in writing.

(3) When exercising or seeking to exercise a power of entry, a person must if asked produce evidence of the person’s authority and state the purpose of the intended entry.

(4) A person exercising a power of entry may be accompanied by any person, and bring anything, required for any purpose for which the power of entry is being exercised.

(5) If a person exercising a power of entry has reasonable cause to expect any obstruction in exercising the power, the person may be accompanied by a constable.

(6) If in the exercise of a power of entry a person enters land which is unoccupied or from which the occupier is absent, the person must leave it as effectively secured against unauthorised entry as the person found it.

(7) A person exercising a power of entry must not carry out any surveying or investigating of a kind specified in subsection (8) unless details of what is proposed were included in—

(a) the notice under section 83 (3) or 84 (3), or

(b) if the land is unoccupied, a notice given to every owner of the land that the person is able to identify after taking reasonable steps to do so.

(8) The kinds of surveying or investigating referred to in subsection (7) are—

(a) carrying out an aerial survey;

(b) leaving apparatus on the land in question;

(i) water,

(ii) air,

(iii) soil or rock,

(iv) flora,

(v) blood, tissue or other biological material of fauna (living or dead), or

(vi) any non-living thing present as a result of human action;

(d) searching for flora or fauna;

(e) carrying out exploratory works for purposes connected with the taking of a conservation measure.

(9) A written authorisation from the Secretary of State is required before a person exercises a power of entry if—

(a) the land in question is held by a statutory undertaker, and

(b) the undertaker objects to anything proposed to be done in exercise of the power of entry on the ground that doing it would be seriously detrimental to the undertaker carrying on its undertaking.

(10) Any such objection must be in writing and must be provided to Natural England within the period for which notice is given in relation to the intended entry under section 83 (3) or 84 (3).

(11) In this section, “statutory undertaker” has the meaning given by section 83.

Powers of entry: compensation

86

(1) If damage is caused to land or other property in the exercise of a power of entry, a person suffering the damage may recover compensation from Natural England.

(2) Notice required to be given under section 83 (3), 84 (3) or 85 (7)(b) must include a statement about the right to such compensation.

(3) Any question of disputed compensation under subsection (1) is to be referred to and determined by the Upper Tribunal.

(4) Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (3) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to Natural England.

Powers of entry: offences

87

(1) A person who intentionally obstructs a person acting in exercise of a power of entry commits an offence.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person commits an offence if the person discloses confidential information, obtained in the exercise of a power of entry, for purposes other than those for which the power was exercised.

(4) A person who commits an offence under subsection (3) is liable—

(a) on summary conviction, to a fine;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

(5) In subsection (3), “confidential information” means information—

(a) which constitutes a trade secret, or

(b) the disclosure of which would or would be likely to prejudice the commercial interests of any person.

Remedial action: powers of Secretary of State etc to enter and survey or investigate land

88

(1) A person authorised by a relevant authority may enter and survey or investigate any land for remedial action purposes.

(2) Subsection (3) applies if a justice of the peace is satisfied, on an application by a person authorised by a relevant authority giving written information on oath—

(a) that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling for remedial action purposes, and

(b) that a condition specified in section 84 (1)(b)(i), (ii) or (iii) is met (reading the reference to an authorised person in subsection (1)(b)(i) as a reference to a person authorised by the relevant authority).

(3) The justice of the peace may issue a warrant conferring a power on any person authorised by the relevant authority to enter and survey or investigate the land, if necessary using reasonable force.

(4) The following provisions apply in relation to the exercise of the powers conferred by or under subsections (1) and (3) on a person authorised by the relevant authority as they apply in relation to the exercise of the powers conferred by or under sections 83 and 84 on a person authorised by Natural England, reading references in the applied provisions to Natural England as references to the relevant authority—

(a) section 83 (2) to (6) (notice requirement etc);

(b) section 84 (3) to (10) and the definition of “statutory undertaker” in subsection (11) of that section (requirements for execution of warrant);

(d) section 86 (compensation);

(e) section 87 (offences).

(5) Subsections (9) to (11) of section 85 (land held by statutory undertakers) apply in relation to the exercise of the powers conferred by or under subsections (1) and (3) by a person authorised by an authority within subsection (7)(b)as they apply in relation to the exercise of the powers conferred by or under sections 83 and 84 on a person authorised by Natural England, reading the reference in the applied provisions to Natural England as a reference to the authority within subsection (7)(b).

(6) In this section “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—

(a) a conservation measure as mentioned in section 70 (4)(a), or

(b) any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70 (4)(b).

(7) In this section “relevant authority” means—

(a) the Secretary of State, or

(b) a public authority to which the Secretary of State has given a direction under section 70 (4)(a) or (b).

Compulsory purchase powers: Natural England

89

(1) Natural England may acquire land compulsorily if the Secretary of State authorises it to do so.

(2) The power under subsection (1) may be exercised in relation to land only if Natural England requires the land for purposes connected with the taking of a conservation measure.

(3) The power under subsection (1) includes power to acquire new rights over land.

(4) Subsection (5) applies where—

(a) land or new rights over land are being acquired compulsorily under subsection (1), and

(b) any of the land which is being acquired, or over which new rights are being acquired, is land which has been acquired by statutory undertakers for the purposes of their undertaking.

(5) The power under subsection (1) includes power to acquire land compulsorily for giving in replacement for the land or (as the case may be) new rights mentioned in subsection (4)(b).

(6) Subsection (7) applies where—

(a) land or new rights over land are being acquired compulsorily under subsection (1), and

(b) any of the land which is being acquired, or over which new rights are being acquired, is or forms part of a common, open space or allotment.

(7) The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (6)(b).

(8) Schedule 4 makes further provision in relation to compulsory acquisition by Natural England under this section.

(9) In this section—

“allotment” means a fuel or field garden allotment;

“common” has the same meaning as in section 19 of the Acquisition of Land Act 1981;

“open space” means any land which is— laid out as a public garden, used for the purposes of public recreation, or a disused burial ground;

“statutory undertakers” has the same meaning as in section 16 of the Acquisition of Land Act 1981.

Compulsory purchase powers: Secretary of State

90

(1) The Secretary of State may acquire land compulsorily if the Secretary of State requires the land for remedial action purposes.

(2) In subsection (1), “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—

(a) a conservation measure as mentioned in section 70 (4)(a), or

(b) any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70 (4)(b).

(3) The provisions of section 89 (3) to (9) and Schedule 4 apply in relation to (or to matters connected with) the compulsory acquisition of land by the Secretary of State under subsection (1) as they apply in relation to (or to matters connected with) the compulsory acquisition of land by Natural England under section 89(1).

Annual reports

91

(1) Natural England must publish a report for each financial year on the exercise of its functions under this Part.

(2) Each report must include—

(a) a list of all EDPs in force, and details of the kinds of development and environmental obligations covered by each one;

(b) a list of EDPs being prepared, and details of the kinds of development and environmental obligations proposed to be covered by each one;

(d) a summary of Natural England’s accounts in respect of the financial year in question relating to its functions under this Part, including information about—

(i) the total amounts received by Natural England by virtue of the nature restoration levy in respect of that year, and

(ii) the total amounts spent on conservation measures in respect of that year.

(3) Natural England must have regard to guidance issued by the Secretary of State about the preparation of a report under this section.

(4) Natural England must send a copy of a report under this section to the Secretary of State, and publish the report, within such period as the Secretary of State directs.

(5) The Secretary of State must lay a copy of the report before Parliament.

(6) In this section “financial year” means—

(a) the period beginning with the day on which this Part comes into force and ending with the next 31 March, and

(b) each subsequent period of 12 months ending with 31 March.

Power to designate another person to prepare EDPs etc

Power to designate person to exercise functions under this Part

92

(1) The Secretary of State may by regulations designate another person to exercise the functions of Natural England under this Part.

(2) The regulations may make provision—

(a) for a designated person to replace Natural England, or

(b) for Natural England or a designated person to exercise functions under this Part only in relation to an area or a kind of development specified in the regulations.

(3) The regulations may confer on a designated person such functions of Natural England under Part 1 of the Natural Environment and Rural Communities Act 2006 as the Secretary of State considers necessary to enable the designated person to exercise the functions of Natural England under this Part.

(4) The power to make regulations under subsection (1) includes a power to make consequential amendments to an Act (including to this Act).

Transfer schemes in connection with regulations under section 92(1)

93

(1) The Secretary of State may, in connection with regulations made under section 92 (1), make one or more schemes for the transfer of property, rights and liabilities (a “transfer scheme”) between—

(a) Natural England and a designated person;

(b) two or more designated persons.

(2) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(3) A transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

(e) make provision for the shared ownership or use of property;

(f) make provision which is the same as or similar to the TUPE regulations;

(g) make other consequential, supplementary, incidental or transitional provision.

(4) A transfer scheme may provide—

(a) for modifications by agreement;

(b) for modifications to have effect from the date when the original scheme came into effect.

(5) For the purposes of this section—

(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;

(b) references to the transfer of property include the grant of a lease.

(6) For the purposes of subsection (5)(a)—

(a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.

(7) In this section—

“designated person” means a person designated in regulations made under section 92 (1);

“the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

Supplementary

General duties when exercising functions relating to EDPs

94

(1) This section applies where—

(a) Natural England or the Secretary of State is exercising any functions in relation to the preparation, amendment or revocation of an EDP, or

(b) the Secretary of State is considering whether to take, or is taking, remedial action under section 70.

(2) Natural England or the Secretary of State must take account of the best available scientific evidence.

(3) Natural England or the Secretary of State must have regard to—

(a) the development plan for the development area,

(b) the current environmental improvement plan,

(d) any other strategies or plans,

so far as Natural England or the Secretary of State considers them to be relevant.

(4) Where an EDP specifies as the development area an area that includes waters adjacent to England (see section 60 (2)(b)), Natural England or the Secretary of State must also have regard to—

(a) any marine plan,

(b) the marine policy statement, and

so far as Natural England or the Secretary of State considers them to be relevant.

(5) Where an EDP includes as an identified environmental feature a protected feature of a protected site, Natural England or the Secretary of State must have regard to any conservation objectives of the site that relate to the feature, so far as Natural England or the Secretary of State considers them to be relevant.

(6) Where an EDP includes as an identified environmental feature a protected species, Natural England or the Secretary of State must have regard to the need to achieve favourable conservation status for that species in their natural range.

(7) Subsection (8) applies where—

(a) an EDP includes as an identified environmental feature a protected feature of a protected site, and

(b) the EDP includes conservation measures of the type mentioned in section 61 (5) (network conservation measures).

(8) Natural England or the Secretary of State must have regard to the need to protect the overall coherence of each relevant site network of which the protected site forms a part, so far as it relates to the protected feature.

(9) The Secretary of State may by regulations make provision about other things that must be done by Natural England when exercising functions in relation to the preparation, amendment or revocation of an EDP.

(10) In this section—

“current environmental improvement plan” has the same meaning as in Part 1 of the Environment Act 2021 (see section 8 of that Act);

“development plan” has the same meaning as in section 38 of the Planning and Compulsory Purchase Act 2004;

“Environment Act strategy” means a strategy prepared under any of the following provisions of the Environment Act 2021— section 104 (local nature recovery strategies); section 109 (species conservation strategies); section 110 (protected site strategies);

“marine plan” has the meaning given in section 51(3) of the Marine and Coastal Access Act 2009;

“marine policy statement” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 44 of that Act);

“relevant site network” means— the national site network within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations); the national Ramsar site series within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations); the network referred to in section 123(2) of the Marine and Coastal Access Act 2009 (marine protected area network);

“the UK marine strategy” means the strategy developed under the Marine Strategy Regulations 2010 (S.I. 2010/1627).

Duty of co-operation

95

(1) A public authority in England must co-operate with Natural England and give it such reasonable assistance as it requests in connection with the preparation or implementation of an EDP.

(2) The things that a public authority may be required to do under the duty in subsection (1) include, in particular—

(a) the provision of information to Natural England;

(b) the imposition or variation of a condition of development;

(3) A public authority must have regard to any guidance given by the Secretary of State about how the duty in subsection (1) is to be complied with.

(4) Subsection (1) does not apply to—

(a) a court or tribunal,

(b) either House of Parliament, or

(5) The duty in subsection (1) does not operate to require a disclosure or use of information that would contravene the data protection legislation (but in determining whether a disclosure or use would do so, the duty is to be taken into account).

(6) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Amendments relating to this Part

96

(1) In Schedule 5—

(a) Part 1 amends the Habitats Regulations 2017 to provide that, for certain purposes, Ramsar sites are treated in the same way as European sites;

(b) Part 2 makes amendments related to, or consequential on, provision made by this Part.

(2) The Secretary of State may by regulations make amendments (including amendments to an Act or to assimilated law) that are consequential on this Part.

Regulations

97

(1) Regulations under this Part are to be made by statutory instrument.

(2) A statutory instrument containing—

(a) nature restoration levy regulations,

(b) regulations under section 92 (power to designate person to exercise functions of Natural England), or

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations under this Part—

(a) may make different provision for different purposes or areas;

(b) may make transitional, transitory or saving provision;

Application to the Crown

98

(1) This Part binds the Crown, subject as follows.

(2) Regulations under this Part may (but need not) make provision binding the Crown; but—

(a) no contravention of any provision of regulations under this Part is to make the Crown criminally liable;

(b) regulations under this Part may not confer a power of entry over Crown land unless the regulations require a person who may exercise such a power to obtain the permission of the appropriate authority before the power is exercised.

(3) Before implementing a conservation measure under an EDP that is to be taken on or may otherwise affect Crown land, Natural England must obtain the permission of the appropriate authority.

(4) The power conferred by section 83 applies in relation to Crown land, but only if the person seeking entry to the land has the permission of—

(a) a person appearing to the person seeking entry to be entitled to give it, or

(b) the appropriate authority.

(5) The power conferred by section 88 (1) applies in relation to Crown land, but, except where subsection (6) applies, only if the person seeking entry to the land has the permission of—

(a) a person appearing to the person seeking entry to be entitled to give it, or

(b) the appropriate authority.

(6) This subsection applies if—

(a) the person seeking to exercise that power is a person authorised by the Secretary of State, and

(b) the appropriate authority is a government department or the Secretary of State.

(7) If the appropriate authority is the occupier of the land, section 83 (3) (notice requirement) does not apply in relation to the exercise of the power conferred by section 83 or 88 (1).

(8) The following provisions do not apply in relation to anything done by virtue of subsection (4) or (5)—

(a) section 85 (7) to (10) (further provision about powers of entry);

(b) section 87 (offences).

(9) Sections 89 and 90 (powers to acquire land compulsorily) do not apply in relation to Crown land.

(10) In this section, “Crown land” and “the appropriate authority” have the same meanings as in Part 13 of the Town and Country Planning Act 1990 (see section 293 of that Act).

Interpretation

99

In this Part—

“condition of development” means— a condition, limitation or other restriction that may be imposed on a grant of planning permission under Part 3 of the Town and Country Planning Act 1990, a requirement that may be included in an order granting development consent under the Planning Act 2008 (see section 120(1) and (2) of that Act), a condition that may be attached to the grant of listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, a condition that may be attached to a marine licence under section 71(1)(b) of the Marine and Coastal Access Act 2009, or a condition that may be attached to a harbour revision order under section 14 of the Harbours Act 1964 or a harbour empowerment order under section 16 of that Act;

“conservation measure” has the meaning given in section 61 (3);

“development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act), but also includes— development within the meaning of the Planning Act 2008 (see section 32 of that Act), works required to be authorised under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and licensable marine activities, within the meaning of Part 4 of the Marine and Coastal Access Act 2009 (see section 66 of that Act);

“development area” has the meaning given in section 60 (1);

“EDP” means an environmental delivery plan;

“EDP start date” and “EDP end date” have the meanings given in section 60 (7);

“environmental delivery plan” has the meaning given in section 59 (1);

“environmental impact” has the meaning given in section 61 (1);

“European site” has the same meaning as in the Habitats Regulations 2017 (see regulation 8);

“the Habitats Regulations 2017” means the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

“identified environmental feature” means an environmental feature identified in an EDP in accordance with section 61 (1);

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