Environment Bill (HC Bill 3)

(a) whether any conservation purpose which the obligation in question
had when the original agreement was entered into could be served
equally well by an obligation relating to different land in respect of
which the applicant holds a qualifying estate; and

(b) 5whether, if an order under paragraph 1(1) were made, such an
alternative obligation could be created by means of an agreement to
which section 98 applies.

(4) In considering, for the purposes of this paragraph, affordability or
practicability in relation to performance of an obligation, change in the
10personal circumstances of a person bound by the obligation is to be
disregarded.

(5) In this paragraph references to the original agreement, in relation to an
obligation under a conservation covenant, are to the agreement containing
the provision which gave rise to the obligation.

15Supplementary powers

4 (1) The Upper Tribunal may include in an order under paragraph 1(1) or 2(1)
provision requiring the applicant to pay compensation in respect of loss of
benefit resulting from the order.

(2) Compensation under sub-paragraph (1) shall be payable to such person at
20such time and be of such amount as the order may provide.

5 (1) The Upper Tribunal may, if it considers it reasonable to do so in connection
with the discharge under paragraph 1(1) of an obligation under a
conservation covenant, include in the order discharging the obligation
provision making the discharge conditional on the entry by the applicant
25and the responsible body under the covenant into an agreement to which
section 98 applies containing such provision as the order may specify.

(2) The power under sub-paragraph (1) is exercisable only with the consent of
the applicant and the responsible body.

Part 2 30Modification by Upper Tribunal

Power to modify on application by landowner or responsible body

6 (1) The Upper Tribunal may, on the application of a person bound by, or
entitled to the benefit of, an obligation under a conservation covenant by
virtue of being the holder of an estate in land, by order modify the obligation
35in respect of any of the land to which it relates.

(2) The Upper Tribunal must add as party to the proceedings on an application
under sub-paragraph (1) the responsible body under the covenant.

7 (1) The Upper Tribunal may, on the application of the responsible body under
a conservation covenant, by order modify an obligation under the covenant
40in respect of any of the land to which it relates.

(2) The Upper Tribunal must add as party to the proceedings on an application
under sub-paragraph (1) any person who, by virtue of being the holder of an
estate in land, is bound by, or entitled to the benefit of, the obligation to
which the application relates.

8 The power under paragraph 6(1) or 7(1) does not include power to make a
change to an obligation which, had it been included in the original
agreement, would have prevented the provision of the agreement which
gave rise to the obligation being provision in relation to which the conditions
5in section 98(2)(a) were met.

Deciding whether to modify

9 (1) The Upper Tribunal may exercise its power under paragraph 6(1) or 7(1) if
it considers it reasonable to do so in all the circumstances of the case.

(2) In considering whether to exercise its power under paragraph 6(1) or 7(1),
10the matters to which the Upper Tribunal is to have regard include—

(a) whether there has been any material change of circumstance since
the making of the original agreement, in particular—

(i) change in the character of the land to which the obligation
relates or of the neighbourhood of that land;

(ii) 15change affecting the enjoyment of the land to which the
obligation relates;

(iii) change affecting the extent to which performance of the
obligation is, or is likely in future to be, affordable;

(iv) change affecting the extent to which performance of the
20obligation is, or is likely in future to be, practicable;

(b) whether the obligation serves any conservation purpose it had—

(i) when the original agreement was entered into, or

(ii) if the obligation has since been modified (whether by
agreement or by the Upper Tribunal), when the obligation
25was modified,

as the case may be; and

(c) whether the obligation serves the public good.

(3) In considering, for the purposes of this paragraph, affordability or
practicability in relation to performance of an obligation, change in the
30personal circumstances of a person bound by the obligation is to be
disregarded.

Supplementary powers

10 (1) The Upper Tribunal may include in an order under paragraph 6(1) or 7(1)
provision requiring the applicant to pay compensation in respect of loss of
35benefit resulting from the order.

(2) Compensation under sub-paragraph (1) shall be payable to such person at
such time and be of such amount as the order may provide.

11 (1) The Upper Tribunal may, if it considers it reasonable to do so in connection
with the modification under paragraph 6(1) of an obligation under a
40conservation covenant, include in the order modifying the obligation
provision making the modification conditional on the entry by the applicant
and the responsible body under the covenant into an agreement to which
section 98 applies containing such provision as the order may specify.

(2) The power under sub-paragraph (1) is exercisable only with the consent of
45the applicant and the responsible body.

Effect of modification

12 (1) The modification of an obligation by an order under this Part binds—

(a) the parties to the proceedings in which the order is made, and

(b) any person who, as respects any of the land to which the
5modification relates, becomes a successor of a person bound by the
modification.

(2) For the purposes of sub-paragraph (1) “successor of a person bound by the
modification” means a person who holds, in respect of any of the land to
which the modification relates—

(a) 10the estate held by the person so bound when the order modifying the
obligation was made, or

(b) an estate in land derived (whether immediately or otherwise) from
that estate after the order modifying the obligation was made.

Interpretation

13 15In this Part, references to the original agreement, in relation to an obligation
under a conservation covenant, are to the agreement containing the
provision which gave rise to the obligation.

Section 119

SCHEDULE 18 Application of Part 7 to Crown land

20Part 1 General

1 Part 7 applies in relation to Crown land as it applies in relation to any other
land, subject to the provisions of this Schedule.

2 (1) In this Schedule—

(a) 25“Crown land” means land in relation which there is an estate in land
of a kind listed in column 1 of the following Table, and

(b) “the appropriate authority”, in relation to any Crown land, means
the authority specified in column 2 for the estate in land in question.

(2) References in this Schedule to Part 7 are to Part 7 of this Act (apart from this
Schedule and Schedule 19).

(3) If any question arises as to what authority is the appropriate authority in
relation to any Crown land, that question is to be referred to the Treasury,
30whose decision is final.

(4) In this paragraph the reference to Her Majesty’s private estates is to be read
in accordance with section 1 of the Crown Private Estates Act 1862.

Part 2 Conservation covenants relating to Crown land held by a person other than
35the appropriate authority

Agreements for the purposes of section 98

3 (1) If Crown land which is a qualifying estate is held by a person other than the
appropriate authority, the appropriate authority may, as respects that
qualifying estate, enter into an agreement to which section 98 applies, in
40place of the holder of the estate.

(2) An authority that enters into such an agreement by virtue of sub-paragraph
(1) is to be treated for the purposes of section 98 as the holder of the
qualifying estate (instead of the person in whose place the authority is
acting).

(3) 45An interest in demesne land is to be treated for the purposes of Part 7 as if
the interest were an estate in fee simple absolute in possession.

Modification of Part 7 in relation to obligations under certain Crown conservation covenants

4 (1) Paragraphs 5 to 9 modify Part 7 in its application to obligations under a
conservation covenant created by an agreement entered into by virtue of
paragraph 3(1).

(2) 5In those paragraphs, in relation to an obligation under the conservation
covenant—

• “the appropriate authority” means the appropriate authority with
  respect to the estate in land of the original landowner which is the
  qualifying estate in relation to the obligation, and

• 10“the original landowner” means the person who held the qualifying
  estate when the agreement was entered into.

5 References in Part 7 to an obligation of the landowner under a conservation
covenant are to be read as references to an obligation of the appropriate
authority under the conservation covenant.

6 (1) 15Section 103 has effect with the following modifications in its application to
an obligation mentioned in paragraph 5.

(2) In subsection (2)—

(a) in paragraph (a), the reference to the landowner under the covenant
is to be read as a reference to the appropriate authority, and

(b) 20in paragraph (b), the reference to the landowner under the covenant
is to be read as a reference to the original landowner.

(3) In subsection (3) the reference to the landowner under the covenant is to be
read as a reference to the original landowner.

(4) In subsection (4)—

(a) 25in the opening words and in paragraph (b), the reference to the
landowner under the covenant is to be read as a reference to the
appropriate authority,

(b) in the opening words, the reference to a successor of that landowner
is to be read as a reference to a successor of the original landowner,
30and

(c) in paragraph (b), the reference to land in relation to which the
landowner ceases to be the holder of the qualifying estate is to be
read as a reference to land in relation to which the original
landowner ceases to be the holder of the qualifying estate..

(5) 35Subsection (5)(c) has effect, if the successor’s immediate predecessor was the
original landowner, as if the reference to the successor’s immediate
predecessor were a reference to the appropriate authority.

7 (1) Section 104 has effect with the following modifications in its application to
an obligation of the responsible body under the conservation covenant.

(2) 40In subsection (1)—

(a) in paragraph (a), the reference to the landowner under the covenant
is to be read as a reference to the appropriate authority, and

(b) in paragraph (b), the reference to the landowner under the covenant
is to be read as a reference to the original landowner.

(3) 45In subsection (2) the reference to the landowner under the covenant is to be
read as a reference to the original landowner.

(4) In subsection (3)—

(a) in the opening words and in paragraph (b), the reference to the
landowner under the covenant is to be read as a reference to the
appropriate authority,

(b) 5in the opening words, the reference to a successor of that landowner
is to be read as a reference to a successor of the original landowner,
and

(c) in paragraph (b), the reference to land in relation to which the
landowner ceases to be the holder of the qualifying estate is to be
10read as a reference to land in relation to which the original
landowner ceases to be the holder of the qualifying estate..

8 In section 110(4)(b) and (5) the references to a successor of a person bound
by the modification (where the person bound is the appropriate authority)
are to be read as references to a successor of the original landowner.

9 15In Schedule 17—

(a) the references in paragraphs 1(1) and 6(1) to a person bound by, or
entitled to the benefit of, an obligation under a conservation
covenant by virtue of holding an estate in land are to be read as
references to the appropriate authority;

(b) 20the references in paragraphs 2(2) and 7(2) to any person who by
virtue of holding an estate in land is bound by or entitled to the
benefit of an obligation are to be read as references to the appropriate
authority;

(c) the references in paragraph 12(1)(b) and (2) to a successor of a person
25bound by the modification (where the person bound is the
appropriate authority) are to be read as references to a successor of
the original landowner.

Part 3 Other modifications of Part 7

30Cases where estate in land to which conservation covenant relates has been acquired by the
Crown and is held by person other than the appropriate authority

10 (1) Paragraphs 11 to 14 apply where the estate in land by virtue of which a
person is a successor of the landowner under a conservation covenant is held
by or on behalf of the Crown by a person other than the appropriate
35authority.

(2) In sub-paragraph (1) “successor” (in relation to the landowner under the
covenant) means a person who holds, in respect of any of the land to which
any obligation under the covenant relates—

(a) the qualifying estate, or

(b) 40an estate in land derived (whether immediately or otherwise) from
the qualifying estate after the creation of the covenant.

11 In section 103—

(a) subsections (2)(b), (3) and (4) have effect as if the estate in land were
held by the appropriate authority, and

(b) 45subsection (5)(c) has effect, in relation to a disposal of the estate in
land, as if the successor’s immediate predecessor were the
appropriate authority.

12 In section 104—

(a) subsections (1)(b), (2) and (4) have effect as if the estate in land were
held by the appropriate authority, and

(b) subsection (4) has effect as if the reference to the successor were a
5reference to the appropriate authority.

13 In section 110(4)(b) and (5) references to a successor of a person bound by the
modification (where the person bound is the appropriate authority) are to be
read as references to a successor of the person in whose place the
appropriate authority acts.

14 10In Schedule 17—

(a) the reference in paragraph 6(1) to a person bound by an obligation
under a conservation covenant by virtue of holding an estate in land
is to be read as a reference to the appropriate authority;

(b) the reference in paragraph 7(2) to any person who is bound by or
15entitled to the benefit of an obligation by virtue of holding an estate
in land is to be read as a reference to the appropriate authority;

(c) the references in paragraph 12(1)(b) and (2) to a successor of a person
bound by the modification (where the person bound is the
appropriate authority) are to be read as references to a successor of
20the person in whose place the appropriate authority is acting.

Agreements under section 108(1)

15 (1) This paragraph applies where, in respect of any of the land to which an
obligation of the landowner under a conservation covenant relates, the
qualifying estate is held by or on behalf of the Crown by a person other than
25the appropriate authority.

(2) The appropriate authority may enter into an agreement under section 108(1)
in place of the holder of that estate.

(3) An agreement entered into by virtue of sub-paragraph (2) is to be treated for
the purposes of section 108(4)(c) as entered into by virtue of the estate in
30land held by the person in whose place the appropriate authority enters into
the agreement.

Agreements under section 109(1)

16 (1) This paragraph applies if the responsible body under a conservation
covenant enters into an agreement under section 109(1) in relation to an
35obligation which it owes to the other party to the agreement by virtue of
paragraph 7(2)(a) or 12(a).

(2) If the other party is entitled to the benefit of the obligation by virtue of
paragraph 7(2)(a), the reference in section 109(2)(c) to the estate in land by
virtue of which the power is exercisable is to be read as a reference to the
40estate in land held by the person in whose place the other party acted in
entering into the agreement which gave rise to the obligation.

(3) If the other party is entitled to the benefit of the obligation by virtue of
paragraph 12(a), the reference in section 109(2)(c) to the estate in land by
virtue of which the power is exercisable is to be read as a reference to the
45estate in land which the other party is treated by paragraph 12(a) as holding.

Agreements under section 110(1)

17 (1) Sub-paragraph (2) applies where a person who—

(a) is bound by an obligation of the landowner under the covenant by
virtue of paragraph 6(2)(a), or

(b) 5is entitled to the benefit of the obligation of the responsible body
under a conservation covenant by virtue of paragraph 7(2)(a),

exercises the power under section 110(1) to modify the obligation.

(2) The reference in section 110(3)(c) to the estate in land by virtue of which the
power is exercisable is to be read as a reference to the estate in land held by
10the person in whose place the person exercising that power acted in entering
into the agreement which gave rise to the obligation.

18 (1) Sub-paragraph (2) applies where a person who—

(a) is bound by an obligation of the landowner under a conservation
covenant by virtue of paragraph 11(a), or

(b) 15is entitled to the benefit of an obligation of the responsible body
under a conservation covenant by virtue of paragraph 12(a),

exercises the power in section 110(1) to modify the obligation.

(2) The reference in section 110(3)(c) to the estate in land by virtue of which the
power is exercisable is to be read as a reference to the estate in land which
20the person is treated by paragraph 11(a) or 12(a) as holding.

Section 121

SCHEDULE 19 Consequential amendments relating to Part 7

Acquisition of Land Act 1981 (c. 67)

1 The Acquisition of Land Act 1981 is amended as follows.

2 (1) 25Section 12 (notice of compulsory purchase by local and other authorities) is
amended as follows.

(2) In the title, for “and occupiers” insert “, occupiers and others”.

(3) In subsection (2)—

(a) omit the “or” at the end of paragraph (a), and

(b) 30at the end of paragraph (b) insert “, or

“(c) the person is entitled to the benefit of an obligation
under a conservation covenant (within the meaning
of Part 7 of the Environment Act 2019) relating to the
land.”

3 (1) 35Paragraph 3 of Schedule 1 (notice of compulsory purchase by Ministers) is
amended as follows.

(2) In the title, for “and occupiers” insert “, occupiers and others”.

(3) In sub-paragraph (2)—

(a) omit the “or” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert “, or

“(c) the person is entitled to the benefit of an obligation
under a conservation covenant (within the
meaning of Part 7 of the Environment Act 2019)
5relating to the land.”

Housing and Planning Act 2016 (c. 22)

4 The Housing and Planning Act 2016 is amended as follows.

5 (1) Section 203 (power to override easements and other rights) is amended as
follows.

(2) 10In subsections (1)(b) and (4)(b)—

(a) the words after “breaching” become sub-paragraph (i), and

(b) after that sub-paragraph insert “, or

“(ii) an obligation under a conservation covenant.” ”

(3) In subsection (10)—

(a) 15omit the “or” at the end of paragraph (a), and

(b) at the end of paragraph (b)(ii) insert “, or

“(c) a breach of an obligation under a conservation
covenant owed to the National Trust.”

6 (1) Section 204 (compensation for overridden easements etc) is amended as
20follows.

(2) In subsection (1), after “section 203” insert “(1)(a) or (b)(i) or (4)(a) or (b)(i)”.

(3) After subsection (1) insert—

“(1A) But a person is not liable to pay compensation under this section for
breaching an obligation under a conservation covenant.”

7 25In section 205(1) (interpretation), at the appropriate place insert—

• “““obligation under a conservation covenant” has the same
  meaning as in Part 7 of the Environment Act 2019;”.

Neighbourhood Planning Act 2017 (c. 20)

8 The Neighbourhood Planning Act 2017 is amended as follows.

9 30In section 20 (notice requirements relating to taking temporary possession),
at the end insert—

“(10) For the purposes of subsection (1), a person entitled to the benefit of
an obligation under a conservation covenant is to be treated as
having an interest in the land to which the obligation relates.”

10 35In section 23 (compensation), after subsection (5) insert—

“(5A) For the purposes of subsections (2) and (3), the person is not entitled
to compensation under this section by virtue of being the person
entitled to the benefit of an obligation under a conservation
covenant.”

11 (1) 40Section 27 (powers of acquiring authority in temporary possession of land)
is amended as follows.

(2) In subsection (3)—

(a) omit the “or” at the end of paragraph (a), and

(b) at the end of paragraph (b), insert “, or

“(c) causing a person to be in breach of an obligation
5under a conservation covenant relating to the land.”

(3) After subsection (4) insert—

“(4A) The acquiring authority is not bound by an obligation under a
conservation covenant relating to the land by virtue of acquiring a
right to use the land under this section.”

(4) 10In subsection (6)—

(a) omit the “or” at the end of paragraph (a), and

(b) at the end of paragraph (b), insert “, or

“(c) a use of land that causes a person (or, if the person
were to permit or suffer the use, would cause the
15person) to be in breach of an obligation under a
conservation covenant relating to the land owed to
the National Trust.”

12 In section 30 (interpretation), at the appropriate place, insert—

• “““obligation under a conservation covenant” has the same
  20meaning as in Part 7 of the Environment Act 2019;”.

Section 122

SCHEDULE 20 Amendment of REACH legislation

Amendment of the REACH Regulation

1 (1) The Secretary of State may by regulations amend the REACH Regulation.

(2) 25The Secretary of State may make regulations under this paragraph only if
the Secretary of State considers that the provision made by the regulations is
consistent with Article 1 of the REACH Regulation (aim and scope of the
REACH Regulation).

(3) The Secretary of State may not make regulations under this paragraph
30which amend any protected provision of the REACH Regulation.

(4) But sub-paragraph (3) does not prevent any protected provision of the
REACH Regulation from being amended by provision made under this
paragraph by virtue of section 124(1)(a).

(5) Before making regulations under this paragraph, the Secretary of State must
35publish an explanation of why the Secretary of State considers that the
provision to be made by the regulations is consistent with Article 1 of the
REACH Regulation.

(6) The explanation relating to regulations under this paragraph is to be
published—

(a) 40no later than the time when the Secretary of State begins the
consultation on that exercise of the power that is required by
paragraph 5, and