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(This note is not part of the Regulations)
These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the fifth commencement regulations made by the Secretary of State under the Act.
Regulation 2 brings into force on 1st January 2023 specified sections of the Act.
Section 102 makes amendments to section 40 of the Natural Environment and Rural Communities Act 2006 (c. 16). Section 40 places a duty on public authorities to have regard to the conservation of biodiversity when delivering their functions. The revisions to section 40 strengthen the requirement for public authorities, to assess how they can take action to conserve and enhance biodiversity, and then take these actions.
Section 103 inserts a new section 40A to the Natural Environment and Rural Communities Act 2006, which requires local authorities and local planning authorities, excluding parish councils, to produce biodiversity reports detailing the action they have taken under the biodiversity objective set out in section 102. It defines, at a high level, the content of the biodiversity reports and their frequency. Additionally, it creates a power for the Secretary of State to designate other public authorities that are required to report, and to specify quantitative data to be included in the reports.
Section 114 introduces Schedule 16, which makes amendments to Part 2 of the Forestry Act 1967 (c. 10) strengthening enforcement in relation to controlling the felling of trees. These amendments enable the Commissioners to create a local land charge, where illegal felling has taken place or a felling licence has not been complied with, to give a further enforcement notice on the land where the land ownership has changed during the enforcement period, and amends the provisions in relation to the service of documents as to who can be served with a document and who can be required to provide information. In addition, the amendments enable the court to make a restocking order upon conviction for a section 24 offence (non-compliance with an Enforcement Notice) and to impose an unlimited fine for the offence committed in England under section 17 for felling without a licence.
An impact assessment has not been published for these Regulations as they have no impact on cost to business, the public or voluntary sectors independent of the provisions these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Steet, London, SW1P 4DF, United Kingdom.
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