The Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Environment Act 2021 (c. 30, “the Act”) requires responsible authorities in England to prepare and publish local nature recovery strategies. A responsible authority under the Act is such of the following authorities as is appointed by the Secretary of State: a local authority whose area is, or is within, the strategy area; the Mayor of London; the mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 (c. 20); a National Park Authority in England; the Broads Authority; and Natural England. Responsible authorities are further required to review and republish their local nature recovery strategies from time to time.

These Regulations make provision in relation to the preparation of local nature recovery strategies. In particular, they make provision about the procedure to be followed in their preparation and publication, and review and republication.

Regulation 3 defines which organisations are “supporting authorities” for the purposes of the Regulations.

Regulation 4 requires responsible authorities to take reasonable steps to involve all supporting authorities for the local nature recovery strategy in its preparation and makes provision as to the form this must take.

Regulation 5 requires responsible authorities to publish certain information relating to local nature recovery strategies.

Regulation 6 requires responsible authorities to take all reasonable steps to ascertain the location and area of all local nature reserves and other relevant sites (as defined) wholly or partly within the strategy area. It also requires local planning authorities to provide requested information relating to those sites within 28 days.

Regulation 7 requires responsible authorities to provide all supporting authorities for the local nature recovery strategy with the draft strategy it considers ready to consult on under regulation 12 (“the consultation draft”) and request their comments.

Regulation 8 requires responsible authorities to provide the consultation draft of the local nature recovery strategy to responsible authorities whose local nature recovery strategy relates to an area adjacent to the strategy area.

Regulation 9 gives supporting authorities power to object to a consultation draft of a local nature recovery strategy or the responsible authority’s preparation of it. Raising an objection has the effect of preventing the responsible authority from consulting under regulation 12 until the objection is resolved.

Regulation 10 gives responsible authorities that have received an objection to their consultation draft power to request permission from the Secretary of State to consult under regulation 12. The supporting authorities for the local nature recovery strategy may submit such information to the Secretary of State as they consider relevant. Power is given to the Secretary of State to permit the responsible authority to proceed with its consultation or proceed subject to conditions.

Regulation 11 specifies requirements that must be satisfied before a consultation can be conducted under regulation 12.

Regulation 12 requires responsible authorities to consult on their local nature recovery strategies and sets out the related requirements. It further provides that all responses received by the responsible authority in response to the consultation must be published.

Regulation 13 requires responsible authorities to provide the local nature recovery strategy it intends to publish to all supporting authorities for the local nature recovery strategy. This may not be done until the consultation under regulation 12 has concluded.

Regulation 14 requires responsible authorities to give the local nature recovery strategy it intends to publish to responsible authorities whose local nature recovery strategy relates to an area adjacent to the strategy area.

Regulation 15 provides that a supporting authority may submit a publication advisory notice to the responsible authority. It may do this if it considers that either parts of a final local nature recovery strategy cannot be justified based on the results of the consultation undertaken under regulation 12 or that the strategy is materially defective. Giving a publication advisory notice has the effect of preventing a responsible authority from publishing its local nature recovery strategy until the issues raised in the notice are resolved.

Regulation 16 gives responsible authorities that have received a publication advisory notice power to request permission from the Secretary of State to publish their local nature recovery strategy. The supporting authorities for the local nature recovery strategy may submit such information to the Secretary of State as they consider relevant. Power is given to the Secretary of State to permit the responsible authority to publish its local nature recovery strategy, or publish it subject to conditions.

Regulation 17 requires responsible authorities to give notice to the Secretary of State of their intention to publish a local nature recovery strategy. It also requires responsible authorities to provide their local nature recovery strategies to the Secretary of State at the same time and makes provision for the format in which the local nature recovery strategy must be provided.

Regulation 18 specifies requirements that must be satisfied before a responsible authority can publish a local nature recovery strategy under regulation 19.

Regulation 19 makes provision for the publication of local nature recovery strategies. Local nature recovery strategies must be published on a website and hard copies must be made available. A responsible authority may not publish a local nature recovery strategy that has not been consulted on under regulation 12. It also provides that a responsible authority may not change a published local nature recovery strategy other than in accordance with the regulations without the written agreement of the Secretary of State.

Regulation 20 requires the Secretary of State to give notice to responsible authorities of the need to review their local nature recovery strategies. The first such notice must be given no earlier than 3 years and no later than 10 years after these Regulations come into force and subsequent notices must be given at intervals of no less than 3 and no greater than 10 years. This regulation further makes provision as to when a review must begin and the content of a review.

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.