Part 6: Nature and Biodiversity
Nature is currently in decline and much of England’s wildlife is deteriorating. The UK has a number of international and legislative commitments to take urgent and effective action to halt the loss of nature or biodiversity.
	Since the 25 Year Environment Plan set the ambition towards embedding a broad ‘environmental net gain’ principle in the planning system, this government has focussed on embedding the principle of biodiversity net gain. In July 2018, the revised National Planning Policy Framework strengthened planning policy on biodiversity net gain by making it clearer that all development in scope should deliver biodiversity net gains.
	Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006 requires all public authorities carrying out functions in England (together with HMRC carrying out functions in Wales) to have regard to conserving biodiversity when delivering their functions. The existing wording does not adequately reflect the aspiration or language of the 25 Year Environment Plan. Shifting the focus of the duty to an active requirement to seek the further conservation and enhancement of nature should better align public authorities’ action on biodiversity with the government’s ambition.
	Spatial plans enable the public, private and charity sectors to direct investment in nature to where it can best benefit the natural environment, and have an important role to play in delivering the government’s commitment to nature recovery. Although such plans do exist in some areas of England, they are often produced by a variety of bodies working at different spatial scales. Local Nature Recovery Strategies (LNRSs), created under this Act, will put spatial planning for nature on a statutory footing, and will support local action by consistently mapping important existing habitats and opportunities to create or restore habitat. For example, the biodiversity net gain consultation identified a need for local plans for nature to target biodiversity increases. Developed through a collaborative approach, LNRSs will also support the delivery of a Nature Recovery Network by acting as a key tool to help local partners better direct investment and action that improves, creates and conserves wildlife-rich habitat.
	A Species Conservation Strategy is a new mechanism to safeguard the future of species at greatest risk. By undertaking surveying, planning and zoning, and developing measures to mitigate or compensate for any impact on the species up front, local populations can be secured. A Protected Site Strategy will seek to achieve a similar purpose in respect of protected sites. There will be a variety of solutions that a strategic approach can lead to, depending on the factors affecting the site’s condition and the local circumstances. These Strategies will improve the protection and conservation of the most vulnerable species and habitats, whilst also reducing delays to development.
	Much of the wildlife-rich habitat of the UK has been lost over the last century and many species are in long-term decline. The Environment Act will introduce powers to amend the Conservation of Habitats and Species Regulations 2017 (S.I. No. 2017/1012) and improve the Habitats Regulation Assessment to ensure legislation adequately supports the government’s strategy for nature while maintaining and, where possible, enhancing existing environmental protections.
	To tackle deforestation in supply chains, new provisions will place requirements on larger businesses operating in the UK that use agricultural commodities associated with wide-scale conversion of forest, referred to as ‘forest risk’ commodities. These new provisions will prohibit businesses in scope from using forest risk commodities that were produced on land that was illegally occupied or used. They will also require regulated businesses to establish, implement, and report annually on a due diligence system that assesses and mitigates the risk of illegally produced commodities entering their supply chain. The Secretary of State will have powers to enforce these requirements, and will be required to report to Parliament every two years on the law’s effectiveness and any steps they intend to take to ensure that this policy is delivering as intended.
	This Act also includes measures covering forestry and street trees, including amendments to the Forestry Act 1967 to tackle illegal felling, and measures requiring local highway authorities to consult the public before felling any street trees. Current regulation on tree felling include felling licences in the Forestry Act 1967, provisions in the Highways Act 1980, Tree Preservation Orders (TPOs) under the Town and Country Planning Act 1990. Part 7: Conservation Covenants.
	This Part provides for a legal tool that landowners can use to secure conservation benefits when land is sold or passed on. Conservation covenants are private, voluntary agreements between a landowner and responsible body, such as a conservation charity or public body. They provide for the conservation of the natural environment and heritage assets for the public good. They can bind subsequent owners of the land, so have the potential to deliver long-lasting conservation benefits.
	In the 25 Year Environment Plan, the government set out its plan for recovering nature. Individual landowners can play an important role in conservation efforts, but under the current law it is difficult to ensure that legal obligations for conservation survive once the land has been sold or passed on. As a result, conservation opportunities are missed or fail to secure long-term, sustainable outcomes. Complex legal workarounds have sometimes been used but these can be costly and do not always appeal to landowners. Conservation covenants are used in other countries including New Zealand, the USA, Canada and Scotland.
	The Law Commission examined the case for conservation covenants and concluded that legislation should be introduced, preparing a draft Bill in 2014. The key changes to the Law Commission’s draft Bill are to allow for-profit bodies to apply to become responsible bodies and to require that conservation covenant agreements are executed as deeds.