1.The Committee has asked the Department for Environment, Food and Rural Affairs for a memorandum on the following points:
(1) Whether the “Map of Upland Area in England” referred to in regulation 2 is available online; and
(2) Why the reference to that map is not to a specific dated version of the map.
2.In relation to point (1), the map is not currently available online. Guidance will be published to accompany the SI, as referred to at paragraphs 11.1 and 11.2 of the Explanatory Memorandum. This will include a copy of the map, and at the same time the map will be published online, with a link to it in the guidance. Currently, it is expected the guidance and online map will be published in time for the SI coming into force.
3.In relation to point (2), the Department accepts that giving a date for the map would have been clearer for the avoiding any doubt. However we note the map in question is clearly identified and there is no doubt as to the map referred to.
4.The map is intended to contain the same information as the map referenced in regulation 2 of the Heather and Grass etc. Burning (England) Regulations 2007, which have been in place for many years and are not an area of contention. A new map however was produced for the purposes of this statutory instrument.
Department for Environment, Food and Rural Affairs
9 March 2021