Environment Act 2021

PART 3General provisions

Review

17(1)The Secretary of State must review the effectiveness of the Part 1 requirements and any Part 2 regulations (“relevant provisions”) in accordance with this paragraph.

(2)A review must consider in particular—

(a)the amount of forest being converted to agricultural use for the purposes of producing commodities;

(b)the impact of the relevant provisions on the amount of forest being converted to agricultural use for the purposes of producing forest risk commodities;

(c)the impact of the relevant provisions on the use of forest risk commodities, or products derived from forest risk commodities, in UK commercial activities where relevant local laws were not complied with in relation to those commodities;

(d)any changes to relevant local laws in relation to forest risk commodities.

(3)Having carried out a review the Secretary of State must lay before Parliament, and publish, a report stating—

(a)the conclusions of the review, and

(b)the steps, if any, the Secretary of State intends to take to improve the effectiveness of the relevant provisions (including whether the Secretary of State intends to make any regulations under this Schedule).

(4)The first review must be completed during the period—

(a)beginning with the second anniversary of the first date on which paragraphs 2 to 4 are fully in force, and

(b)ending with the third anniversary of the first date on which paragraphs 2 to 4 are fully in force.

(5)Subsequent reviews must be completed before the end of the 2 year period beginning with the day on which the previous review was completed.

(6)A review is completed when the Secretary of State has laid and published the report.

Interpretation

18(1)In this Schedule—

  • agricultural use” includes use for horticulture and aquaculture;

  • commercial activity” includes—

    (a)

    producing, manufacturing and processing;

    (b)

    distributing, selling, or supplying;

    (c)

    purchasing for a purpose within paragraph (a) or (b) (but not purchasing as a consumer);

  • due diligence system”, in relation to a forest risk commodity, has the meaning given by paragraph 3;

  • enforcement authority” has the meaning given by paragraph 9;

  • forest” has the meaning given by paragraph 1;

  • forest risk commodity” has the meaning given by paragraph 1;

  • local law”, in relation to a forest risk commodity, has the meaning given by paragraph 2;

  • “Part 1 requirements” has the meaning given by paragraph 8;

  • “Part 2 regulations” has the meaning given by paragraph 8;

  • regulated person”, in relation to a forest risk commodity, has the meaning given by paragraph 7;

  • relevant local law”, in relation to a forest risk commodity, has the meaning given by paragraph 2;

  • reporting period” has the meaning given by paragraph 4;

  • UK commercial activity” means commercial activity carried on in the United Kingdom.

(2)References in this Schedule to a product derived from a forest risk commodity are to a product derived from a forest risk commodity in whole or in part (and include any product of an animal fed on a forest risk commodity or a product derived from a forest risk commodity).