Moved by
Lord Krebs
99: After Clause 109, insert the following new Clause—
“Habitats Regulations: limits on powers to amend
(1) The Secretary of State may only make regulations under section 108 or 109—
(a) for the purposes of—
(i) securing compliance with an international environmental obligation, or
(ii) contributing to the favourable conservation status of species or habitats or the favourable condition of protected sites;
(b) if the regulations do not reduce the level of protection provided by the Habitats Regulations, including protection for protected species, habitats or sites; and
(c) following public consultation and consultation with—
(i) the Office for Environmental Protection,
(ii) Natural England,
(iii) the Joint Nature Conservation Committee, and
(iv) other relevant expert bodies.”
Member’s explanatory statement
This amendment ensures that powers to amend the Habitats Regulations may only be used for the purposes of environmental improvement following consultation. It ensures that the level of environmental protection that must be maintained includes protection for important habitats, sites and species as well as overall environmental protection.