Summary
5.The Act is primarily intended to implement key aspects of the Government’s Rural Strategy published in July 2004; it also addresses a wider range of issues relating broadly to the natural environment.
6.The Act establishes an independent body – Natural England – responsible for conserving, enhancing and managing England’s natural environment for the benefit of current and future generations. Natural England brings together the functions of English Nature and certain functions currently performed by the Countryside Agency and the Rural Development Service (a Defra Directorate). Natural England will work in close partnership with other organisations and bodies that have a major role in relation to the natural environment, in particular the Environment Agency, the Forestry Commission, English Heritage and local authorities.
7.The Act also establishes the Commission for Rural Communities (“the Commission”). Some of its staff will come from the Countryside Agency. But several of its functions will be new. The Commission will be an independent advocate, watchdog and expert adviser for rural England, with a particular focus on people suffering from social disadvantage and areas suffering from economic under-performance. It will provide information, advice, monitoring and reporting to Government and others on issues and policies affecting rural needs.
8.The Act also reconstitutes the Joint Nature Conservation Committee and renames and reconstitutes the Inland Waterways Amenity Advisory Council (which becomes the Inland Waterways Advisory Council).
9.In line with the 2004 Rural Strategy, the Act extends both the Secretary of State’s funding powers for functions within Defra’s remit, and the ability to authorise other bodies to carry out those functions. Public bodies for which Defra is responsible are given the power to enter agreements to enable various other designated bodies to perform functions on their behalf. These various powers are intended to be used to simplify and devolve delivery arrangements and to improve their effectiveness and efficiency.
10.The Act makes provision in respect of biodiversity, pesticides harmful to wildlife and the protection of birds, and in respect of invasive non-native species. It alters enforcement powers in connection with wildlife protection, and extends time limits for prosecuting certain wildlife offences. It addresses a small number of gaps and uncertainties which have been identified in relation to the law on sites of special scientific interest. And it amends the functions and constitution of National Park authorities, the functions of the Broads Authority and the law on rights of way.
