Environment Bill

Written evidence submitted by the 49 Club (EB01)

1 The 49 Club.

1.1 Formed in 1991, this is an association of over 200 former staff of the statutory nature conservation agencies (Natural England, Natural Resources Wales, Scottish Natural Heritage, Joint Nature Conservation Committee and their predecessor bodies). Its membership represents a wide range and depth of scientific expertise and includes experts of international standing. Our members have many years of direct experience of undertaking statutory duties relating to nationally important conservation sites. These include establishing and managing National Nature Reserves (NNRs), and the selection, designation, monitoring, and maintenance of the scientific quality of Sites of Special Scientific Interest (SSSIs).

1.2 The Club takes its name from the year 1949 when the National Parks and Access to the Countryside Act became law, establishing the Nature Conservancy as the first statutory authority with responsibility for nature conservation in Great Britain, and with it the national framework of protection that includes NNRs, SSSIs and Local Nature Reserves.

2 Introduction

2.1 The Environment Bill is a major piece of new legislation which addresses a wide range of environmental topics. In summary the Bill sets out a vision for a greener future, which makes clear the Government’s commitment to tackling air and water pollution, specific aspects of climate change, and to protecting and restoring our natural environment for future generations. Part 1 of the bill provides a framework for environmental governance which includes a proposal for statutory long-term targets for improving the natural environment, or people’s enjoyment of the natural environment. It also includes proposals for an Office for Environmental Protection.

2.2 This Evidence is particularly concerned with Part 6 dealing with Nature and Biodiversity, and Chapters 1 and 2 of Part 1 which deal with Environmental Targets and the proposed Office for Environmental Protection.

3 Biodiversity protection and enhancement

3.1 It is clear that we are facing a huge global loss of biodiversity. Here in the UK action is urgently needed to reverse biodiversity decline. We welcome the range of new measures contained in the Environment Bill to promote enhancement of biodiversity. These measures could produce a significant new dynamic for nature conservation in England. However, we have to stress that these new measures must complement, and not be allowed to diminish, the important regulatory framework that underpins the work of Natural England. We are aware that the government’s Policy Statement relating to the Bill states that, "The Bill supplements existing legislation and policy on protected sites and species," but such a statement is absent from the Bill itself. It is vitally important that existing legislation for protection of both national and local sites of importance for nature conservation should continue as before. Commitments have been made by the UK government to maintain our existing environmental standards and protections on leaving the EU. We would expect the Bill to make it crystal clear that the existing legislation for protection of National Nature Reserves, Sites of Special Scientific Interest, Marine Conservation Zones, Local Nature Reserves and Local Wildlife Sites is not affected by this Bill. In addition we are concerned to ensure that international designations, namely Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and sites designated under the Ramsar Convention (Ramsar Sites) should not be affected by the Bill.

3.2 We are also concerned that the new duties for enhancement of biodiversity to be imposed on Natural England and other public bodies, including planning authorities, could undermine their capacity to undertake existing statutory duties regarding National Nature Reserves and Sites of Special Scientific Interest.

3.3 We are acutely aware that grant-in-aid to Natural England, the statutory body responsible for nature conservation, has been reduced by more than 50% over the past 13 years as a result of austerity measures. This has seriously compromised their ability to carry out their statutory duties regarding NNRs and SSSIs. The situation has now become so serious that Tony Juniper, the Chair of Natural England, has stated that the organisation can now afford only to ensure the needs of health and safety for visitors to National Nature Reserves. Essential work on ecological management to ensure the survival of endangered species has in many cases ceased. Nor is Natural England able to effectively monitor the condition of SSSIs, which is one of its key statutory duties. The Chairman of Natural England has made it clear that they are unable to undertake this work, which is an essential element in the protection of key habitats. An article by Peter Marren in the current edition of British Wildlife expands on this subject.1

3.4 The nation is truly fortunate that so much has been achieved for nature by the far-sighted legislation of the 1949 National Parks and Access to the Countryside Act. However, recent experience described above demonstrates that legal safeguards are insufficient in the absence of adequate funding to ensure their implementation.

3.5 For many years since the Nature Conservancy was established in 1949 to promote and implement nature conservation, Great Britain was a world leader in its national policy for nature conservation. Our series of NNRs provided a model for many other countries with our professional experts held in high esteem on the international stage. That influence is now rapidly declining. NNRs were for decades a robust element of statutory conservation practice and should be so again.

3.6 Designated sites have a crucial role to play in building ecological networks to create bigger, better, and more joined-up habitat as recommended in Professor Sir John Lawton’s seminal report on "Making Space for Nature" (2010). NNRs are a core part of the family of statutorily designated sites. They are of critical importance for nature conservation having been selected as the best examples of the many different ecosystems found in Britain. They are widely regarded as the jewels in the crown of British nature. These reserves include some of our most inspiring and iconic natural landscapes and habitats, and they all have a significant role to play in connecting people and nature.

3.7 National Nature Reserves have another vital function today. Envisaged as outdoor laboratories, they have long been the subject of intense scientific study as testbeds for field research, enabling a transfer of the knowledge and techniques developed in the process to be implemented on other sites and so help in safeguarding threatened habitats and species. Their value as secure long-term laboratories is now particularly significant in the context of climate change. The huge amount of past effort and investment in biodiversity conservation, which gave rise to so much ecological knowledge, has now been seriously undermined by cost cutting on a truly massive scale.

3.8 The effective upkeep of NNRs run by the statutory agency should be a year-on-year strategic objective for Natural England and regarded as a priority for the Government’s ambitions for improving the state of the natural environment. These key sites contribute greatly to Defra’s goals for the rural environment, for resilient landscapes and biodiversity, and when in their best condition they could be effective catalysts for the ecological enhancement of their surroundings. NNRs deserve a reinvigorated mission which builds on their achievements, as well as serving the Government’s 25-year Environment Plan. The joint Strategy for NNRs2 published by Natural England in 2017 emphasises a range of objectives for the 21st century, including habitat enhancement and encouraging links between people and nature. Such an approach is consistent with the aims of the Bill and deserves its support.

3.9 While the level of government funding is not a matter dealt with in this Bill, nevertheless we consider it to be pertinent to the debate and draw attention to a recommendation in the report3 published in 2018 by the House of Lords Select Committee on implementation of the Natural Environment and Rural Communities Act 2006 which stated that, "Natural England should be funded to a level commensurate with the delivery of its full range of statutory duties and responsibilities. This situation should be addressed as a matter of urgency."

4 Environmental Targets and OEP

4.1 We welcome the proposal to set legally binding long-term environmental targets. We particularly welcome the inclusion of biodiversity as one of the four priority areas that are proposed for such targets. We consider that the most urgent target for biodiversity will be a measure of the ecological condition of National Conservation Sites that are listed in paragraph 99 of the bill.

4.2 We welcome the proposal to establish an Office for Environmental Protection. However, if this body is to act as an environmental watchdog it will need to be more independent of government in order to hold the government and other public authorities to account. We are strongly of the opinion that this new body will be required to have strong powers of enforcement, which are currently absent from the Bill.

5 Biodiversity Gain and Conservation Covenants

5.1 We welcome the proposals for these procedures to encourage enhancement of biodiversity, through a conservation covenant or a planning obligation. However, we consider that 30 years will prove to be an insufficient period to consider the outcome an effective biodiversity gain. The Bill should recognise the need for the conservation asset to be held in perpetuity, but with a possible minimum term of fifty years.

6 General Duty placed on Public Bodies

6.1 We welcome amendments to the NERC Act 2006 which will extend the General Duty placed on all public bodies to include both conservation and enhancement of biodiversity. However, we are disappointed to see that the Bill excludes major infrastructure projects from this provision. It is our strong view that such projects should not be exempt. We recommend that there should be a mechanism for biodiversity to be considered in a transparent way within the NIP process, guided by independent scientific advice. Recognition of the national significance of all NNRs and SSSIs should be included in such a duty.

6.2 The Bill also places a statutory duty on public bodies to produce Biodiversity Reports and Local Nature Recovery Strategies. We note that these new duties will require additional funding, particularly in the case of planning authorities and Natural England.

6.3 Our experience suggests that such reports and strategies will require detailed legal, political and financial commitments necessary for their successful implementation. The need for such commitments, where appropriate, should be recognised in the Bill.

7 Recommendations

7.1 We make the following recommendations:

· We welcome the proposal to set long-term environmental targets and fully support the proposal to include biodiversity as one of the four priority areas listed in paragraph 1(3);

· We recommend that the most urgent long-term target for Biodiversity should be a measure of the ecological condition of National conservation sites (as listed in paragraph 99 (3) of the Bill);

· The proposed Office for Environmental Protection (OEP) should be sufficiently independent of government to enable it, when necessary, to hold the government and other public authorities to account;

· The Office for Environmental Protection must have strong powers of enforcement.

· We welcome the new measures for enhancement of biodiversity. These new measures must complement, and not diminish, the important regulatory framework that underpins the work of Natural England.

· The immense value and nature conservation importance of National Nature Reserves and Sites of Special Scientific Interest, including all sites of international importance, should be given recognition in the Bill;

· The Bill should state unambiguously that current legislation for protection of National Nature Reserves, Sites of Special Scientific Interest, Local Nature Reserves, Local Wildlife Sites, Marine Conservation Zones, and all sites of international importance is not affected by the Bill;

· The Bill should contain a policy commitment to ensure that NNRs managed by the statutory agency in England remain under its control in future, with a presumption that their tenure will be strengthened if necessary to ensure their protection;

· Enhancement of biodiversity through planning gain or, where appropriate, a conservation covenant, should be for a minimum period of fifty years, and ideally in perpetuity;

· The Bill should support delivery of "The Joint Strategy for England’s NNRs" published by Natural England in 20172;

· The design and delivery of Local Nature Recovery Strategies should incorporate a central role for all NNRs and SSSIs and commit Government to facilitating the success of these strategies through regular and dependable allocation of funding for the protection and conservation management of both the NNR and SSSI series;

· We welcome amendments to the NERC Act 2006 which will extend the General Duty placed on all public bodies to include both conservation and enhancement of biodiversity. However, we consider that it is inappropriate to exclude National Infrastructure Projects from this duty. Implications for biodiversity should be considered by an independent body and recommendations made as part of the NIP process.

Footnotes:

1. Peter Marren, 2020, Will Natural England survive? British Wildlife 31 (3), 173-178.

2. Natural England, 2017, The Joint Strategy for England’s NNRs.

3. Paragraph 105 of the House of Lords Select Committee Report on the Natural Environment and Rural Communities Act 2006, published on 22nd March 2018.

This Evidence is submitted by Professor David Goode, Chair of the 49 Club.

February 2020

Evidence to the Environment Bill Committee on behalf of the 49 Club.

Submitted by Professor David Goode on 26 February 2020

Summary

The locus of the 49 Club is explained. Our evidence is particularly concerned with Part 6 of the Bill, dealing with Nature and Biodiversity, and Chapters 1 and 2 of Part 1 which deal with proposals for Environmental Targets and the Office for Environmental Protection. We make twelve Recommendations. We welcome particular aspects of the Bill, notably the range of new measures designed to promote enhancement of biodiversity, and the introduction of long-term Environmental Targets with biodiversity one of the priority topics. We also make strong recommendations to strengthen specific aspects of the Bill, most notably in relation to the Office for Environmental Protection. We are particularly concerned that the Bill must make clear that new measures for promoting enhancement of biodiversity will complement, and in no way undermine, the existing legislative framework for protection of important conservation sites. We strongly suggest that the series of nationally protected sites, including National Nature Reserves and Sites of Special Scientific Interest, will have a vital function in achieving the purposes of this Bill.