Environment Act 2021

123 Benefit of obligation of responsible body E+W

(1) Subject to the following provisions, an obligation of the responsible body under a conservation covenant is owed—

(a) to the landowner under the covenant, and

(b) to any person who becomes a successor of the landowner under the covenant.

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

(a) the qualifying estate, or

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

(3) An obligation of the responsible body under a conservation covenant ceases to be owed to the landowner under the covenant, or to a person who becomes a successor of that landowner, in respect of—

(a) land which ceases to be land to which the obligation relates,

(b) in the case of the landowner under the covenant, land in relation to which the landowner ceases to be the holder of the qualifying estate, or

(c) in the case of a successor, land in relation to which the successor ceases to be the holder of the qualifying estate or of the estate derived from the qualifying estate, as the case may be.

(4) Subsection (1)(b) does not apply if the obligation is ancillary to an obligation of the landowner under the covenant which does not bind the successor.

Commencement Information

I1 S. 123 not in force at Royal Assent, see s. 147(3)

I2 S. 123 in force at 30.9.2022 by S.I. 2022/48, reg. 5(a)