Contribution
My Lords, we turn to a series of government amendments that ensure that the NRF properly manages any potential cross-border effects and operates as intended in relation to Ramsar sites, as well as in the marine context.
On our cross-border related amendments, I assure noble Lords that, while numerous, these are technical amendments that reflect our discussions with the devolved Administrations to address circumstances where an environmental feature of an EDP may relate to a protected site that is in Scotland or Wales.
I shall draw out the key amendments. Government Amendment 133 ensures that, where an EDP relates to a protected site that is not wholly in England, an EDP may not use network measures to address these impacts.
Government Amendment 136 simply defines “England” for the purpose of this clause as including its marine context. This is in line with the devolution settlements, as it would not be appropriate for a plan developed to address the impact of development in England to allow for potential impact on a site in Scotland or Wales, even where that would lead to an overall improvement in the conservation status of the environmental feature.
In line with that close working and co-ordination, government Amendment 145 will require Natural England to seek the advice of the Natural Resource Body for Wales, whose operating name is Natural Resources Wales, and Scottish Natural Heritage, whose operating name is NatureScot, as well as the relevant devolved Ministers where the environmental feature in a draft EDP relates to a protected site in Wales or Scotland respectively. Government Amendment 149 specifies that for these purposes “Wales and Scotland” encompasses the territorial waters adjacent to Wales and Scotland, as is the case in respect of England in Part 3.
Ramsar sites are internationally significant wetlands that play a vital role in promoting biodiversity and climate resilience. Through the Bill, we are putting Ramsar protections on a legislative footing to ensure that the nature restoration fund can be used to address the negative effects of development on Ramsar sites. This will allow development to come forward more quickly, while securing better outcomes for nature, making building quicker and simpler. To date, these sites have been subject to the HRA process in the same way as habitat sites as a matter of policy, so in the vast majority of cases there will be very little change to how the HRA process is applied to these sites. However, these changes will place the existing policy protections for Ramsar sites on a statutory footing, providing clarity for developers where Ramsar and habitat sites overlap and where assessment requirements may otherwise diverge, as well as ensuring that we continue to meet our international obligations under the Ramsar Convention. These government amendments ensure that the nature restoration fund can operate as intended for Ramsar sites.
Previously, the Bill referred to Ramsar sites in England, which would have meant that, when assessing a plan or project in England, a competent authority would not have been subject to a statutory requirement to consider possible impacts on Ramsar sites in Wales and Scotland. That would have placed new obligations on competent authorities in Wales, which was not our policy intention. I hope noble Lords will agree that this is a helpful step forward in firming up the protections for our most precious wetlands.
Government Amendment 231 is technical in nature and has been drafted to ensure that the Bill is fully operable within the marine context. With marine conservation zones now treated as protected sites for the purposes of Part 3, it is necessary to make limited exceptions to certain provisions in the Marine and Coastal Access Act that are intended to restrict activities impacting these areas. This will, for example, ensure that Natural England can carry out conservation measures benefiting these important marine sites without risk of breaching existing legislative requirements. This will apply only to Natural England and other public authorities carrying out functions relating to the nature restoration fund in the marine context.
Finally, government Amendment 255 is a minor drafting correction to ensure the extent provisions reflect amendments made to Clause 46 in Committee. This amendment removes a stray reference to provisions of that clause which were left out in Committee. I therefore hope the House agrees to accept these amendments. I beg to move.