With this it will be convenient to discuss the following:
Amendment (a), in subsection 2(a)(ii), leave out “instead of” and insert “in addition to”.
Amendment (b), in subsection 2(a)(b), leave out “instead of” and insert “in addition to”.
Government new clause 22—Habitats Regulations: power to amend Part 6.
New clause 2—Assessment of Plans—
‘(1) The Conservation of Habitats and Species Regulations 2017/1012 are amended as follows.
(2) In Regulation 63 (Assessment of implications for European sites and European offshore marine sites) the following are amended—
(a) in paragraph (1) for “must” substitute “may”;
(b) in paragraph (3) for “must” substitute “may”;
(c) in paragraph (4) for “must” substitute “may”;
(d) omit paragraph (5) and insert “In the light of the conclusions of the assessment, and subject to regulation 64, the competent authority may take the assessment into account in deciding whether it will agree to the plan or project”; and
(e) in paragraph (6) for “must” substitute “may”.”
New clause 4—Protected species: Hedgehog—
‘(1) The Wildlife and Countryside Act 1981 is amended in accordance with subsection (2).
(2) At the end of Schedule 5 (Animals which are protected) insert—
| “hedgehog |
Erinaceus
europaeus”” |
This new clause would add the hedgehog to the list of protected animals under the Wildlife and Countryside Act. This would introduce a legal imperative to search for hedgehogs in developments, and a legal imperative to mitigate for them.
New clause 16—Protection of bio-diversity as condition of planning permission—
‘(1) The Town and Country Planning Act 1990 is amended as set out in section (2).
(2) After section 70(2), insert—
“(2A) Any grants of planning permission for residential development in England must be subject to a condition that such a development does not have a detrimental effect on the local levels of nature conservation and bio-diversity.””
New clause 25—Duty to prepare a Tree Strategy for England—
‘(1) The Government must prepare a Tree Strategy for England as set out in subsections (2), (3) and (4).
(2) The strategy must set out the Government’s vision, objectives, priorities and policies for trees in England including individual trees, woodland and forestry, and set out other matters with respect to the promotion of sustainable management of trees in these contexts.
(3) The Tree Strategy for England must include the Government’s targets and interim targets with respect to—
(a) the percentage of England under tree cover;
(b) hectares of new native woodland creation achieved by tree planting;
(c) hectares of new native woodland creation achieved by natural regeneration;
(d) the percentage of native woodland in favourable ecological condition;
(e) hectares of Plantations on Ancient Woodland Sites (PAWS) undergoing restoration;
(f) the condition of the England’s Long Established Woodlands; and
(g) hectares of Long Established Woodlands undergoing restoration.
(4) The Tree Strategy for England must set out—
(a) locations of additional planting of 30,000 hectares of woodland in the UK each year, as set out in the England Trees Action Plan 2021-2024;
(b) a plan for the maintenance of the trees and woodlands planted under the England Trees Action Plan 2021- 2024; and
(c) which authorities or individuals are responsible for the maintenance of the trees and woodlands planted under the England Trees Action Plan 2021-2024.
(5) The Government must publish—
(a) an annual statement on progress against the Tree Strategy for England; and
(b) any revisions of the Tree Strategy which may be necessary.
(6) The Government must publish a revised Tree Strategy for England within the period of 10 years beginning with the day on which the strategy or its most recent revision was published.”
The aim of this new clause is to ensure that the Government prepares a tree strategy for England. It will ensure that the Government has to produce targets for the protection, restoration and expansion of trees and woodland in England.
New clause 26—Enforcement action against breaches of planning control in statutorily protected landscapes and areas of ancient woodland—
‘(none) In the Town and Country Planning Act 1990, after Section 171B(2), insert—
“(2B) There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect—
(a) a Site of Special Scientific Interest;
(b) an Area of Outstanding Natural Beauty;
(c) any other landscape that is statutorily protected for environmental reasons; or
(d) ancient woodland.”
New clause 27—Tree preservation orders on statutorily protected landscapes—
‘(none) In the Town and Country Planning Act 1990, after Section 201, insert—
“(201A) All trees shall automatically be subject to tree preservation orders if they are in any of the following areas—
(a) a Site of Special Scientific Interest;
(b) an Area of Outstanding Natural Beauty;
(c) a National Park; or
(d) any other landscape that is statutorily protected for environmental reasons.”
Amendment 45, in clause 95, page 96, line 18, after “biodiversity objective” insert—
“and contribute to the achievement of relevant targets and objectives under the Convention on Biological Diversity”.
Amendment 29, page 97, line 1, leave out subsection (5) and insert—
‘(5) After subsection (2) insert—
(2A) The authority must act in accordance with any relevant local nature recovery strategy in the exercise of relevant functions, including—
(a) land use planning and planning decisions;
(b) spending decisions, including land management payments;
(c) delivery of biodiversity gain; and
(d) any other activities undertaken in complying with subsections (1) and (1A).””
This amendment would require public authorities to exercise relevant functions in accordance with Local Nature Recovery Strategies. This would ensure that decisions that affect the natural environment such as planning decisions, net gain habitat enhancements and targeted investment in environmental land management are informed by the Strategies.
Amendment 46, in clause 102, page 101, line 36, at end insert—
‘(2A) The objectives of a species conservation strategy must be—
(a) to identify the factors that adversely affect the conservation status of relevant species of fauna or flora;
(b) to identify measures to improve the conservation status of relevant species of fauna or flora;
(c) to inform the definition of favourable conservation status of relevant species of fauna or flora; and
(d) taking the information set out pursuant to paragraphs (a) to (c) into account, to contribute to relevant planning, land management and conservation policies for those species of fauna or flora.
(2B) All provisions in a species conservation strategy must be in accordance with the mitigation hierarchy.
(2C) The Secretary of State must publish guidance relating to the content, interpretation and implementation of species conservation strategies.
Amendment 47, page 102, line 27, at end insert—
‘(8A) The Secretary of State must give financial assistance under the Environmental Land Management scheme to applicants who have contributed to the achievement of species conservation strategies, provided that the following conditions are met—
(a) the applicant meets the eligibility criteria under the Agriculture (Financial Assistance) Regulations 2021; and
(b) evidence is provided by the applicant in support of that payment request under The Agriculture (Financial Assistance) Regulations 2021.
This amendment would ensure that those receiving money from the Environmental Land Management scheme (ELMs) would be able to claim financial assistance for their contributions towards achieving species conservation strategies.
Amendment 48, in clause 103, page 104, line 27, at end insert—
‘(8A) The Secretary of State must give financial assistance under the Environmental Land Management scheme to applicants who have contributed to the achievement of species conservation strategies, provided that the following conditions are met—
(a) the applicant meets the eligibility criteria under the Agriculture (Financial Assistance) Regulations 2021; and
(b) evidence is provided by the applicant in support of that payment request under The Agriculture (Financial Assistance) Regulations 2021.
This amendment would ensure that those receiving money from the Environmental Land Management scheme (ELMs) would be able to claim financial assistance for their contributions towards achieving species conservation strategies.
Amendment 22, in schedule 14, page 216, line 37, leave out “maintained for at least 30 years” and insert—
“secured in its target condition and maintained in perpetuity”.
This amendment requires habitat created under net gain to be secured in perpetuity.
Amendment 41, in schedule 15, page 224, line 41, at end insert—
“Planning decisions, felling without a licence and failure to comply with restocking orders
6A (1) The Town and Country Planning Act 1990 is amended as follows:
(2) In section 70(2) (Determination of applications: general considerations), after “material considerations” insert—
‘(none) “including previous convictions held by the landowner for unlawful tree felling, and failure to comply with restocking and enforcement orders.”
This amendment seeks to include a provision for local planning authorities to be able to take unlawful tree felling and a lack of compliance with Restocking and Enforcement Orders by landowners into account when considering planning applications.
Amendment 26, in schedule 16, page 225, line 35, at end insert—
“, and free, prior and informed consent has been obtained from affected indigenous peoples and local communities”.
This amendment would require that the prohibition on using a forest risk commodity must also be in accordance with having obtained the free, prior and informed consent of indigenous peoples and local communities, in addition to complying with relevant local laws.
Amendment 27, page 229, line 30, at end insert—
“Regulated financial person
7A (1) A regulated financial person must not provide financial services for commercial enterprises engaging in the production, trade, transport or use of a forest risk commodity unless relevant local laws are complied with in relation to that commodity.
(2) A regulated financial person who provides financial services for commercial enterprises engaging in the production, trade, transport or use of a forest risk commodity must establish and implement a due diligence system in relation to the provision of those financial services.
(3) A “due diligence system”, in relation to a regulated financial person, means a system for—
(a) identifying, and obtaining information about, the operations of a commercial enterprise engaging in the production, trade, transport or use of a forest risk commodity to which it provides financial services,
(b) assessing the risk that such a commercial enterprise is not complying with relevant local laws in relation to that commodity,
(c) assessing the risk that a commercial enterprise is not complying with paragraphs 2 and 3 of this Schedule, and
(d) mitigating that risk.
(4) A regulated financial person must, for each reporting period, provide the relevant authority with a report on the actions taken by the regulated financial person to establish and implement a due diligence system as required by paragraph 3.
(5) A “regulated financial person” means a person (other than an individual) who carries on financial services in the United Kingdom and—
(a) meets such conditions as may be specified in regulations made by the Secretary of State; or
(b) is an undertaking which is a subsidiary of another undertaking which meets those conditions.
(6) 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,
“financial services” means—
(a) the provision of banking services including the acceptance of deposits in the course of business;
(b) the provision of loans in the course of a banking, credit or lending business, including by way of term loan, revolving credit facility, debentures and bonds; and
(c) regulated activities as defined under section 22 of the Financial Services and Markets Act 2000 and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), in each case as amended, or
(d) such other financial services as may be specified in regulations made by the Secretary of State.
“commercial enterprise” means a person (other than an individual) who carries on commercial activities in any jurisdiction relating to the production, trade, transport or use of forest risk commodities.”
This amendment requires that persons who carry out financial services in the United Kingdom do not provide financial services to commercial enterprises engaged in the production, trade, transport or use of forest risk commodities unless they are complying with local relevant laws.
Amendment 36, page 229, line 34, leave out “may” and insert “must”.
This amendment would make it a requirement, rather than just an option, that the Secretary of State make regulations under Part 2 of schedule 16.
Amendment 37, page 229, line 38, leave out “may” and insert “must”.
This amendment would make it a requirement, rather than just an option, that the Secretary of State makes regulations to appoint the relevant enforcement authorities.
Amendment 38, page 229, line 39, after “persons” insert—
“, independent of the Secretary of State,”.
This amendment is intended to require the Secretary of State to transfer the powers of enforcement (such as issuing fines) to an independent enforcement authority, as they relate to the use of products derived from a forest risk commodity (a major source of forest deforestation).