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Natural Environment and Rural Communities Bill


Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 1 — Natural England

1

 

A

Bill

To

Make provision about bodies concerned with the natural environment and

rural communities; to make provision in connection with wildlife, sites of

special scientific interest, National Parks and the Broads; to amend the law

relating to rights of way; to make provision as to the Inland Waterways

Amenity Advisory Council; to provide for flexible administrative

arrangements in connection with functions relating to the environment and

rural affairs and certain other functions; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Natural England and the Commission for Rural Communities

Chapter 1

Natural England

Constitution and general purpose

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1       

Constitution

(1)   

There is to be a body known as Natural England.

(2)   

Natural England is to have the functions conferred on it by or under this Act or

any other enactment.

(3)   

Except where otherwise expressly provided, Natural England’s functions are

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exercisable in relation to England only.

(4)   

English Nature and the Countryside Agency are dissolved and their functions

are (subject to the provisions of this Act) transferred to Natural England.

 
Bill 354/1
 
 

Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 1 — Natural England

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(5)   

Schedule 1 contains provisions about the constitution of Natural England and

related matters.

2       

General purpose

(1)   

Natural England’s general purpose is to ensure that the natural environment

is conserved, enhanced and managed for the benefit of present and future

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generations, thereby contributing to sustainable development.

(2)   

Natural England’s general purpose includes—

(a)   

promoting nature conservation and protecting biodiversity,

(b)   

conserving and enhancing the landscape,

(c)   

securing the provision and improvement of facilities for the study,

10

understanding and enjoyment of the natural environment,

(d)   

promoting access to the countryside and open spaces and encouraging

open-air recreation, and

(e)   

contributing in other ways to social and economic well-being through

management of the natural environment.

15

Advisory functions

3       

Review and research

(1)   

Natural England must keep under review all matters relating to its general

purpose.

(2)   

When reviewing any matter, Natural England must consult such bodies as

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appear to it to have an interest in the matter.

(3)   

Natural England may—

(a)   

undertake research into any matter relating to its general purpose, or

(b)   

commission or support (by financial means or otherwise) research into

any such matter.

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(4)   

In discharging its functions in monitoring nature conservation, carrying out

research or analysing the resultant information, Natural England must have

regard to common standards established under section 34(2)(c).

4       

Advice

(1)   

Natural England must, at the request of a public authority, give advice to that

30

authority on any matter relating to Natural England’s general purpose.

(2)   

Subsection (3) applies if Natural England has reason to believe that advice

given under subsection (1) has been rejected.

(3)   

At the request of Natural England, the public authority must inform Natural

England in writing whether the advice has been rejected and, if so, why.

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(4)   

Natural England may give advice to any person on any matter relating to its

general purpose—

(a)   

at the request of that person, or

(b)   

if Natural England thinks it appropriate to do so, on its own initiative.

 
 

Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 1 — Natural England

3

 

(5)   

The advice that may be given under this section includes, in relation to any

power to make byelaws, recommendations as to the matters in respect of which

byelaws should be made.

General implementation powers

5       

Carrying out proposals etc.

5

Natural England may—

(a)   

carry out proposals which appear to it to further its general purpose, or

(b)   

assist in, coordinate or promote the carrying out of such proposals by

others.

6       

Financial and other assistance

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(1)   

Natural England may give financial assistance to any person, if doing so

appears to it to further its general purpose.

(2)   

Financial assistance under this section may be given in any form, and may in

particular be given by way of a grant, a loan or a guarantee.

(3)   

Financial assistance under this section may be given subject to conditions,

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including (in the case of a grant) conditions for repayment in specified

circumstances.

(4)   

Natural England may, if doing so appears to it to further its general

purpose, provide assistance to any person by making available goods or

equipment free of charge or at a reduced cost.

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7       

Management agreements

(1)   

Natural England may make an agreement (a “management agreement”) with

a person who has an interest in land about the management or use of the land,

if doing so appears to it to further its general purpose.

(2)   

A management agreement may, in particular—

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(a)   

impose on the person who has an interest in the land obligations in

respect of the use of the land;

(b)   

impose on the person who has an interest in the land restrictions on the

exercise of rights over the land;

(c)   

provide for the carrying out of such work as may be expedient for the

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purposes of the agreement by any person or persons;

(d)   

provide for any matter for which a management scheme relating to a

site of special scientific interest provides (or could provide);

(e)   

provide for the making of payments by either party to the other party

or to any other person;

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(f)   

contain incidental and consequential provision.

(3)   

A management agreement is, unless the agreement otherwise provides—

(a)   

binding on persons deriving title under or from the person with whom

Natural England makes the agreement, and

(b)   

enforceable by Natural England against those persons.

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Natural Environment and Rural Communities Bill
Part 1 — Natural England and the Commission for Rural Communities
Chapter 1 — Natural England

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(4)   

Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others

to enter into forestry dedication covenants) applies to management

agreements as it applies to forestry dedication covenants.

(5)   

For the purposes of any enactment or rule of law as to the circumstances in

which the dedication of a highway or the grant of an easement may be

5

presumed, or may be established by prescription, the use by the public or by

any person of a way across land at any time while it is the subject of a

management agreement is to be disregarded.

(6)   

“Interest in land” has the same meaning as in the National Parks and Access to

the Countryside Act 1949 (c. 97).

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(7)   

“Management scheme” and “site of special scientific interest” have the same

meaning as in Part 2 of the Wildlife and Countryside Act 1981 (c. 69).

8       

Experimental schemes

(1)   

Natural England may—

(a)   

make and carry out experimental schemes designed to establish ways

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in which its general purpose might be furthered, or

(b)   

promote the making and carrying out of such schemes.

(2)   

A scheme is experimental if it involves—

(a)   

the development or application of new methods, concepts or

techniques, or

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(b)   

the testing or further development of existing methods, concepts or

techniques.

(3)   

Before making an experimental scheme, Natural England must consult such

persons as appear to it to have an interest in the subject matter of the scheme.

(4)   

The Secretary of State may, in a particular case, authorise Natural England to

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acquire land compulsorily for the purposes of an experimental scheme.

(5)   

The Acquisition of Land Act 1981 (c. 67) applies to compulsory acquisition of

land under subsection (4).

(6)   

Subsection (4) does not apply in relation to land belonging to the National

Trust which is held by the National Trust inalienably.

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Other functions

9       

Information services etc.

(1)   

Natural England may—

(a)   

publish documents or provide information about any matter relating to

its general purpose, or

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(b)   

assist in the provision of such publications or information.

(2)   

Nothing in any other enactment imposing a duty or conferring a power on

Natural England—

(a)   

to publish or assist in the publication of documents of a particular kind,

or

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(b)   

to provide or assist in the provision of information of a particular kind,

   

is to be read as limiting the power conferred by subsection (1).

 
 

 
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