Environment Bill (HC Bill 3)

(a) make provision in relation to such a further determination
which is the same or similar to that made in relation to an initial
determination, or

(b) apply provision in the regulations relating to an initial
5determination to a further determination, with or without
modifications.

(7) Regulations made by the Secretary of State under subsection (1) may
apply in relation to—

(a) English drainage boards specified in the regulations;

(b) 10English drainage boards of a description specified in the
regulations;

(c) all English drainage boards.

(8) Regulations made by the Welsh Ministers under subsection (1) may
apply in relation to—

(a) 15Welsh drainage boards specified in the regulations;

(b) Welsh drainage boards of a description specified in the
regulations;

(c) all Welsh drainage boards.

(9) Provision made by virtue of subsection (7) or (8) may, in particular,
20include provision for an internal drainage board—

(a) to elect that the regulations are to apply to them, and

(b) to make such an election in accordance with the procedure
specified in the regulations.

(10) Regulations under subsection (1) may—

(a) 25make different provision for different cases, including different
provision in relation to different circumstances or different
descriptions of drainage board or of land;

(b) make such incidental, supplementary, consequential,
transitional, transitory or saving provision as the appropriate
30national authority considers appropriate.

(11) Provision made by virtue of subsection (10)(b) may, in particular,
include provision which amends, repeals or revokes any provision of
an enactment (including this Act).

(12) Before making regulations under subsection (1) the appropriate
35national authority must consult such persons (if any) as the authority
considers appropriate having regard to the extent to which the
regulations are, in the view of the authority, likely to affect the
valuation of any chargeable properties.

(13) Regulations may not be made under subsection (1) by the Secretary of
40State unless a draft of the instrument containing the regulations has
been laid before, and approved by a resolution of, each House of
Parliament.

(14) Regulations may not be made under subsection (1) by the Welsh
Ministers unless a draft of the instrument containing the regulations
45has been laid before, and approved by a resolution of, the National
Assembly for Wales.”

(4) In section 42 (determination of annual value)—

(a) in subsection (4) after “under this section” insert “or under regulations
under section 41A(1) above”;

(b) in subsection (5) after “subsections (1) and (2) above” insert “or under
regulations under section 41A above”.

(5) 5In section 44 (effect of determinations under section 43) in each of subsections
(2) and (3) after “Subject to” insert “regulations under section 41A above and
to”.

(6) In section 45 (appeals against determinations of annual value)—

(a) in subsection (1) after “determination under” insert “regulations under
10section 41A above or a determination under”;

(b) in subsection (3)(b) after “determination under” insert “regulations
under section 41A above or a fresh determination under”;

(c) in subsection (7) after “determination under” insert “regulations under
section 41A above or a determination under”.

(7) 15In section 46 (hearing and determination of appeals under section 45) in each
of subsections (2)(a), (3), (4), (5), (6), (7) and (8) after “determination under”
insert “regulations under section 41A above or a determination under”.

(8) In section 65(2) (regulations) after “section 37A(6) and (7),” insert “section
41A(13) and (14) and”.

87 20Disclosure of Revenue and Customs information

(1) The Land Drainage Act 1991 is amended as follows.

(2) After section 37 insert—

““Disclosure of Revenue and Customs information

37A Disclosure of Revenue and Customs information

(1) An officer of the Valuation Office of Her Majesty’s Revenue and
25Customs may disclose Revenue and Customs information to a
qualifying person for a qualifying purpose.

(2) Information disclosed to a qualifying person under this section may be
retained and used for any qualifying purpose.

(3) Each of the following is a “qualifying person”—

(a) 30an internal drainage board;

(b) the Agency;

(c) the Natural Resources Body for Wales;

(d) a person authorised to exercise any function of a body within
paragraph (a), (b) or (c) relating to drainage rates or special
35levies;

(e) a person providing services to a body within paragraph (a), (b)
or (c) relating to drainage rates or special levies;

(f) the Secretary of State;

(g) the Welsh Ministers;

(h) 40any other person specified in regulations made by the
appropriate national authority.

(4) Each of the following is a “qualifying purpose”—

(a) enabling the qualifying person to whom the disclosure is made,
or any other qualifying person, to carry out any functions
conferred by or under Chapter 1 or 2 of this Part or section 75 of
the Local Government Finance Act 1988;

(b) 5enabling the qualifying person to whom the disclosure is made,
or any other qualifying person, to determine for the purposes of
Part 1 how functions mentioned in paragraph (a) might be
exercised by—

(i) an internal drainage board which is proposed to be
10constituted under that Part, or

(ii) the drainage board for an internal drainage district
which is proposed to be constituted under that Part.

(5) Regulations under subsection (3)(h) may only be made with the consent
of the Commissioners for Her Majesty’s Revenue and Customs.

(6) 15Regulations may not be made under subsection (3)(h) by the Secretary
of State unless a draft of the instrument containing the regulations has
been laid before, and approved by a resolution of, each House of
Parliament.

(7) Regulations may not be made under subsection (3)(h) by the Welsh
20Ministers unless a draft of the instrument containing the regulations
has been laid before, and approved by a resolution of, the National
Assembly for Wales.

(8) In this section—

• “the appropriate national authority” means—

  (a)

  25the Secretary of State in relation to English internal
  drainage districts, and

  (b)

  the Welsh Ministers in relation to Welsh internal
  drainage districts;

• “drainage rates” means drainage rates made by an internal
  30drainage board under Chapter 2 of this Part;

• “Revenue and Customs information” means information held as
  mentioned in section 18(1) of the Commissioners for Revenue
  and Customs Act 2005;

• “special levy” means a special levy issued by an internal drainage
  35board under regulations under section 75 of the Local
  Government Finance Act 1988.

37B Restrictions on onward disclosure of Revenue and Customs
information

(1) Information disclosed under section 37A or this section may not be
40further disclosed unless that further disclosure is—

(a) to a qualifying person for a qualifying purpose,

(b) in pursuance of a court order,

(c) with the consent of each person to whom the information
relates,

(d) 45required under any other enactment, or

(e) permitted under any other enactment.

(2) Information may not be disclosed—

(a) under subsection (1)(a) to a qualifying person within section
37A(3)(d), (e), (f) or (g),

(b) under subsection (1)(a) to a person who is a qualifying person
by virtue of regulations under section 37A(3)(h), where those
5regulations specify that this subsection is to apply in relation to
the person, or

(c) under subsection (1)(e),

except with the consent of the Commissioners for Her Majesty’s
Revenue and Customs (which may be general or specific).

(3) 10Information disclosed to a qualifying person under this section may be
retained and used for any qualifying purpose.

(4) A person commits an offence if the person contravenes subsection (1)
or (2) by disclosing information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) 15can be deduced from it.

(5) It is a defence for a person charged with an offence under this section
to prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already lawfully been made available
20to the public.

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not
exceeding 12 months, to a fine or to both;

(b) on conviction on indictment, to imprisonment for a term not
25exceeding two years, to a fine or to both.

(7) A prosecution under this section may be instituted only by, or with the
consent of, the Director of Public Prosecutions.

(8) In relation to an offence under this section committed before the
coming into force of section 154(1) of the Criminal Justice Act 2003
30(increase in maximum term that may be imposed on summary
conviction of offence triable either way) the reference in subsection
(6)(a) to 12 months is to be read as a reference to 6 months.

(9) This section is without prejudice to the pursuit of any remedy or the
taking of any action in relation to a contravention of subsection (1) or
35(2) (whether or not subsection (4) applies to the contravention).

(10) In this section—

• “qualifying person” has the same meaning as in section 37A;

• “qualifying purpose” has the same meaning as in that section.

37C Further provisions about disclosure under section 37A or 37B

(1) 40A disclosure of information under section 37A or 37B does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
imposed).

(2) 45But nothing in section 37A or 37B authorises the making of a disclosure
which—

(a) contravenes the data protection legislation (within the meaning
of section 3 of the Data Protection Act 2018), or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(3) 5Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory
Powers Act 2016 is fully in force, subsection (2)(b) has effect as if it
included a reference to that Part.

(4) Revenue and customs information relating to a person which has been
10disclosed under section 37A or 37B is exempt information by virtue of
section 44(1)(a) of the Freedom of Information Act 2000 (prohibition on
disclosure) if its further disclosure—

(a) would specify the identity of the person to whom the
information relates, or

(b) 15would enable the identity of such a person to be deduced.

(5) In subsection (4) “revenue and customs information relating to a
person” has the same meaning as in section 19(2) of the Commissioners
for Revenue and Customs Act 2005.”

(3) In section 65(2) (regulations) after “and (5E),” insert “section 37A(6) and (7),”.

(4) 20In section 70 (confidentiality of information obtained by Environment Agency
and Natural Resources Body for Wales)—

(a) the existing provision becomes subsection (1);

(b) after that subsection insert—

“(2) Subsection (1) does not apply to information obtained by virtue
25of section 37A (disclosure of Revenue and Customs
information).”

(5) In section 72(1) (interpretation), at the appropriate places insert—

• “““enactment” includes an enactment comprised in subordinate
  legislation within the meaning of the Interpretation Act 1978;”;

• 30““English drainage board” means a drainage board for an English
  internal drainage district;”;

• ““English internal drainage district” means an internal drainage
  district which is wholly or mainly in England;”;

• ““Welsh drainage board” means a drainage board for a Welsh
  35internal drainage district;”;

• ““Welsh internal drainage district” means an internal drainage
  district which is wholly or mainly in Wales.”.

Part 6 Nature and biodiversity

40Biodiversity

88 Biodiversity gain as condition of planning permission

Schedule 15 makes provision for biodiversity gain to be a condition of planning
permission in England.

89 General duty to conserve and enhance biodiversity

(1) Section 40 of the Natural Environment and Rural Communities Act 2006 (duty
to conserve biodiversity) is amended in accordance with subsections (2) to (6).

(2) In the heading, after “conserve” insert “and enhance”.

(3) 5For subsections (A1) and (1) substitute—

“(A1) For the purposes of this section “the general biodiversity objective” is
the conservation and enhancement of biodiversity in England through
the exercise of functions in relation to England.

(1) A public authority which has any functions exercisable in relation to
10England must from time to time consider what action the authority can
properly take, consistently with the proper exercise of its functions, to
further the general biodiversity objective.

(1A) After that consideration the authority must (unless it concludes there is
no new action it can properly take)—

(a) 15determine such policies and specific objectives as it considers
appropriate for taking action to further the general biodiversity
objective, and

(b) take such action as it considers appropriate, in the light of those
policies and objectives, to further that objective.

(1B) 20The requirements of subsection (1A)(a) may be satisfied (to any extent)
by revising any existing policies and specific objectives for taking
action to further the general biodiversity objective.

(1C) The first consideration required by subsection (1) must be completed
by the authority within the period of one year beginning with the day
25on which section 89 of the Environment Act 2019 comes into force.

(1D) Any subsequent consideration required by subsection (1) must be
completed no more than five years after the completion of the
authority’s previous consideration.

(1E) A determination required by subsection (1A)(a) must be made as soon
30as practicable after the completion of the consideration to which it
relates.

(1F) Nothing in this section prevents the authority from—

(a) determining or revising policies and specific objectives at any
time, or

(b) 35taking action to further the general biodiversity objective at any
time.”

(4) In subsection (2) for “subsection (1)” substitute “subsections (1) and (1A)”.

(5) After subsection (2) insert—

“(2A) In complying with subsections (1) and (1A) the authority must in
40particular have regard to any relevant local nature recovery strategy.”

(6) For subsection (3) substitute—

“(3) The action which may be taken by the authority to further the general
biodiversity objective includes, in particular, action taken for the
purpose of—

(a) conserving, restoring or otherwise enhancing a population of a
particular species, and

(b) conserving, restoring or otherwise enhancing a particular type
of habitat.”

(7) 5After subsection (5) insert—

“(6) This section has effect in relation to Her Majesty’s Revenue and
Customs with the following modifications—

(a) the omission from subsection (A1) of the words “in England”
and “in relation to England”;

(b) 10the omission from subsection (1) of the words from “which” to
“England”.

(7) In this section references to England include the territorial sea adjacent
to England.”

(8) In section 41 of that Act (biodiversity lists and action (England)), in subsection
15(3) for “and (2)” substitute “and (1A)”.

90 Biodiversity reports

(1) After section 40 of the Natural Environment and Rural Communities Act 2006
insert—

“40A Biodiversity reports

(1) 20This section applies to—

(a) a local authority in England other than a parish council,

(b) a local planning authority in England, and

(c) a designated authority (see subsection (8)(a)).

(2) A public authority to which this section applies (“the authority”) must
25publish biodiversity reports in accordance with this section.

(3) A biodiversity report so published must contain—

(a) a summary of the action which the authority has taken over the
period covered by the report for the purpose of complying with
its duties under section 40(1) and (1A),

(b) 30a summary of the authority’s plans for complying with those
duties over the period of five years following the period
covered by the report,

(c) any quantitative data required to be included in the report by
regulations under subsection (8)(b), and

(d) 35any other information that the authority considers it
appropriate to include in the report.

(4) If the authority is a local planning authority, its biodiversity report
must also contain—

(a) a summary of the action taken by the authority in carrying out
40its functions under Schedule 7A to the Town and Country
Planning Act 1990 (biodiversity gain as condition of planning
permission) over the period covered by the report,

(b) information about any biodiversity gains resulting or expected
to result from biodiversity gain plans approved by the authority
45during that period, and

(c) a summary of the authority’s plans for carrying out those
functions over the five year period following the period covered
by the report.

(5) A biodiversity report—

(a) 5must specify the period covered by the report, and

(b) must be published within the period of 12 weeks following the
last day of that period.

(6) The authority’s first biodiversity report must cover a period chosen by
the authority which—

(a) 10is no longer than three years, and

(b) begins with the day on which the authority first becomes
subject to the duty under subsection (2).

(7) A subsequent biodiversity report made by the authority must cover a
period chosen by the authority which—

(a) 15is no longer than five years, and

(b) begins with the day after the last day of the period covered by
its most recent biodiversity report.

(8) The Secretary of State may by regulations—

(a) provide for specified public authorities, or public authorities of
20a specified description, to be designated authorities for the
purposes of this section;

(b) require biodiversity reports to include specified quantitative
data relating to biodiversity in any area of land in England in
relation to which the authority exercises any functions.

25In this subsection “specified” means specified in the regulations.

(9) Public authorities with no functions exercisable in relation to England
may not be designated under subsection (8)(a).

(10) The power to make regulations under subsection (8) is exercisable by
statutory instrument.

(11) 30A statutory instrument containing regulations under subsection (8) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(12) Terms used in this section and section 40 have the same meaning as in
that section”.

35Local nature recovery strategies

91 Local nature recovery strategies for England

(1) There are to be local nature recovery strategies for areas in England.

(2) Together the local nature recovery strategies are to cover the whole of England.

(3) The Secretary of State is to determine the areas within England to which
40individual local nature recovery strategies are to relate.

(4) The area of a local authority, other than a county council, may not be split
between local nature recovery strategies.

(5) Section 40(2A) of the Natural Environment and Rural Communities Act 2006
(duty to conserve biodiversity) makes provision about the duties of public
authorities in relation to local nature recovery strategies.

92 Preparation of local nature recovery strategies

(1) 5A local nature recovery strategy for an area (“the strategy area”) is to be
prepared and published by the responsible authority.

(2) The responsible authority for a local nature recovery strategy is such one of the
following authorities as is appointed by the Secretary of State—

(a) a local authority whose area is, or is within, the strategy area;

(b) 10the Mayor of London;

(c) the mayor for the area of a combined authority established under
section 103 of the Local Democracy, Economic Development and
Construction Act 2009;

(d) a National Park authority in England;

(e) 15the Broads Authority;

(f) Natural England.

(3) A local nature recovery strategy is to be reviewed and republished from time
to time by the responsible authority.

(4) The Secretary of State may by regulations make provision about the procedure
20to be followed in the preparation and publication, and review and
republication, of local nature recovery strategies.

(5) Regulations under this section may, for example, include provision—

(a) requiring the provision of information by a local authority whose area
is, or is within, the strategy area but which is not the responsible
25authority;

(b) for a local nature recovery strategy to be agreed by all of the local
authorities whose areas are within the strategy area;

(c) for the procedure for reaching such agreement and for the resolution of
disagreements (including resolution by the Secretary of State or by a
30public inquiry);

(d) for consultation, including consultation of members of the public;

(e) for the times at or after which a local nature recovery strategy is to be
reviewed and republished.

(6) Regulations under this section are subject to the negative procedure.

93 35Content of local nature recovery strategies

(1) A local nature recovery strategy relating to an area (“the strategy area”) is to
include—

(a) a statement of biodiversity priorities for the strategy area, and

(b) a local habitat map for the whole strategy area or two or more local
40habitat maps which together cover the whole strategy area.

(2) The statement of biodiversity priorities referred to in subsection (1)(a) is to
include—

(a) a description of the strategy area and its biodiversity,

(b) a description of the opportunities for recovering or enhancing
biodiversity, in terms of habitats and species, in the strategy area,

(c) the priorities, in terms of habitats and species, for recovering or
enhancing biodiversity (taking into account the contribution that
5recovering or enhancing biodiversity can also make to other
environmental benefits), and

(d) proposals as to potential measures relating to those priorities.

(3) A local habitat map referred to in subsection (1)(b) is a map identifying—

(a) national conservation sites in the strategy area,

(b) 10any nature reserves in the strategy area provided under section 21 of
the National Parks and Access to the Countryside Act 1949, and

(c) other areas in the strategy area which in the opinion of the responsible
authority—

(i) are, or could become, of particular importance for biodiversity,
15or

(ii) are areas where the recovery or enhancement of biodiversity
could make a particular contribution to other environmental
benefits.

(4)
A local habitat map which does not relate to the whole of the strategy area must
20relate to the area of one or more local authorities within the strategy area.

(5) The Secretary of State may issue guidance as to—

(a) information to be included in a local nature recovery strategy pursuant
to the requirements in subsections (1) to (3), and

(b) any other matters to be included in a local nature recovery strategy.

(6) 25A responsible authority must have regard to the guidance when preparing a
local nature recovery strategy.

94 Information to be provided by the Secretary of State

(1) For the purpose of assisting responsible authorities in preparing local nature
recovery strategies, the Secretary of State must prepare and publish a national
30habitat map for England.

(2) The national habitat map must in particular identify—

(a) national conservation sites, and

(b) other areas which in the opinion of the Secretary of State are of
particular importance for biodiversity.

(3) 35The Secretary of State may from time to time review and republish the national
habitat map.

(4) If the Secretary of State considers that it would assist a responsible authority to
do so in preparing a local nature recovery strategy, the Secretary of State must
inform the authority of any areas not identified in the national habitat map
40which in the opinion of the Secretary of State—

(a) are areas which could become of particular importance for biodiversity,
or

(b) are areas where the recovery or enhancement of biodiversity could
make a particular contribution to other environmental benefits.