Consultation On Biodiversity

CLOSING DATE FOR RESPONSES: 17 JUNE 2003 ENTRUST consultation: Biodiversity Object In his Budget Report 2003 (paragraph 7.52) the Chancellor stated that; ‘Following discussion with stakeholders, the Government will introduce regulations by the summer to extend the scope of the [Landfill Tax Credit] scheme to include habitat creation projects on land that need not have public access, in order to support biodiversity’. Consequently, HM Customs & Excise held a workshop on 28 May 2003 in Manchester to which a selection of LTCS stakeholders were invited in order to facilitate this discussion. Attendees included representatives of the HM Treasury Environmental Taxes Team, ENTRUST, ebco, Royal Society for the Protection of Birds, Environmental Services Association and Association of Distributive Environmental Bodies. ENTRUST now wishes to consult further on specific issues arising from this workshop as described below. Responses to this document are invited, preferably by e-mail with ‘Biodiversity Object’ in the subject line by 17 June 2003 to: Stephen Newton ENTRUST Acre House 2 Town Square Sale M33 7WZ [email protected]

Results of the HM Customs & Excise consultation New object or change in current object It was decided that the most straightforward approach was to draft a new object and bring into that all activity that properly should be labelled as biodiversity. For the purposes of this consultation it is envisaged that a new object will be drafted and introduced alongside, and complimentary to, those that exist already. No ring fencing of monies against the biodiversity object Within the current landfill tax credit scheme there is no current system of ring fencing of funds for any particular object. The decision of which projects receive funding will remain with landfill operators and Distributive Environmental Bodies. There was an indicative guideline set by the Government for spending of landfill tax money against objects c and cc. These objects have now been removed and no other guidelines exist, nor is there any current intention to introduce such guidelines. Public access to project sites All workshop attendees accepted that there were habitat creation and protection activities that necessarily had to take place outside of physical public access. It is therefore put forward in this consultation that projects undertaken under the new object for biodiversity will not need to show evidences of general public access.

Not a ‘priority object’ and it being complementary to other objects If the new object is given too much prominence it could suggest that the overall direction of the successor scheme was being tilted towards biodiversity rather than opening up the choices for landfill operators and project funders. The new biodiversity object will not be seen as a priority object by ENTRUST and will be seen as an additional new object to enable Biodiversity projects to be undertaken where they were limited before by the parameters of other objects.

The ‘intent’ of the new Biodiversity Object Biodiversity Biological diversity or biodiversity is the living component of the natural world and embraces all plant and animal species and communities associated with terrestrial, aquatic and marine habitats. It also includes the genetic variation within species. Wildlife conservation generally aims to maintain and enhance natural biodiversity Biodiversity in the UK is well documented see: http://www.defra.gov.uk/wildlife-countryside/ewd/ewd07.htm http://www.ukbap.org.uk/ http://www.jncc.gov.uk/default.htm A ‘holistic’ process The delivery of the UK’s Biodiversity Action Plan (UK BAP) is through habitat and species action plans at a national, regional and local level namely Biodiversity Action Plans (BAPS) and Local Biodiversity Action Plans (LBAPS). BAPS and LBAPS are a framework for achieving the conservation of biodiversity based on the targeting of resources towards priority habitats and species. BAPs also provide a means for the involvement in conservation of a wide range of private, public, voluntary organisations and members of local communities. BAPs can be prepared at a range of levels: country-wide (e.g. the UK Biodiversity Action Plan), for counties (e.g. Hampshire BAP) or for recognised areas (e.g. the National Forest BAPs), the latter are known as Local Biodiversity Action Plans. Each action plan provides a description of the species or habitat and any threats to it. It sets ambitious but realistic targets for recovery and lists the actions required to meet these targets. It is the intention of the new biodiversity object to enable active and physical delivery of specific plan targets where species and habitats have been identified that are in need of recovery. This would be delivered against specific plans owned by lead organisations.

Consultation elements Wording the new Biodiversity Object Here is a possible way of defining the object upon which your comments are welcome. It should be read in the context of the issues set below and is a first, not a final, draft: Where for the protection of the natural environment, the research, recording, management, education and monitoring of: (i) Species (ii) Habitats to a favourable condition on land that need not have public access in order to support Biodiversity, provided the conditions in paragraph (6) below are satisfied; (6) Landfill tax money must not be used to for work required by: • a condition of any planning permission granted to your contributor(s) (i.e. landfill operator or contributing third party) • the terms of any agreement involving your contributor(s) under – section 106 of the Town and Country Planning Act 1990 – section 75 of the Town and Country Planning Act (Scotland) 1997 or – article 40 of the Planning (Northern Ireland) Order 1991. The protection of the natural environment This would include social inclusion and partnership working but the emphasis is on projects that deliver specific targets against habitats and species on sites with a specific geographical context. 1. Do you think this wording covers the specific protection and conservation of the natural environment with the necessary emphasis on sites where species and habitats occur? Research Would enable specific research to be undertaken on specific species and habitats as identified in LBAPS 2. Do you think research to be a necessary part of the biodiversity action planning process and valid for inclusion under this object where it is undertaken on specific species or habitats at specific sites? Recording Would enable specific recording to be undertaken on specific species and habitats as identified in LBAPS 3. Do you think recording of species or habitats to be a necessary part of the biodiversity action planning process and valid for inclusion under this object? Management Would enable specific management plans and proposals to be undertaken on specific species and habitats as identified in LBAPS

4. Do you think undertaking management proposals on sites to be a necessary part of the biodiversity action planning process and valid for inclusion under this object? Monitoring Would enable specific monitoring to be undertaken on specific species and habitats as identified in LBAPS 5. Do you think that monitoring species or habitats at specific sites is necessary to deliver the UK BAP? Education Would enable education to be relayed on specific species and habitats as identified in LBAPS 6. Do you think an educational element should be included in this object? If so what would be the best way of including it to enable the results of any possible research, recording, management and monitoring to be disseminated to individuals or organisations and to communicate the aims of the project to the public? Species Are those species appearing in the UK Biodiversity Action Plan and / or any Local Biodiversity Action Plan. Or any species designated as provisional or actual in the ‘Red Data Book’ as notified by the Joint Nature Conservancy Council or Birds of Conservation Concern. 7. Does this definition cover those species that need to be conserved through the UK BAP process? Habitats Are those appearing in the UK Biodiversity Action Plan and / or and Local Biodiversity Action Plan and all those listed in the EU Habitats Directive in the UK 7. Does this definition cover those habitats that need to be conserved through the UK BAP process To a favourable condition Referring to the condition of habitats where management prescriptions and conservation objectives are being met. ENTRUST would expect to see your plans to return a species or habitat to a favourable condition at the time of registration This would be the conservation target relating to the specific site or species and be a demonstrable outcome of any project that was to be undertaken. 8. Inclusion of this wording would ensure a deliverable target is met. Should this or another target be included? On land This would mean projects would have to be linked to a specific habitat or species identifiable in a site based geographical context and would include land and water species and habitats. 9. Does this adequately cover the full range of possible sites that may be worked upon through this object?

That need not have public access General public access would not need to be demonstrated to ENTRUST. 10. Should the general public have access to sites where projects are to be undertaken? In order to support biodiversity Would be the Biodiversity Action Planning process be it in England, Scotland, Wales and Northern Ireland. 11. Your comments on this wording would be welcomed.

Other proposed parameters to the Object Not for profit Neither the project site nor the organisation running it must operate for the purpose of making and distributing profit. A charge for entry or use may be made, but the proceeds must not be treated as, or distributed as profit. 12. Your comments on this wording would be welcomed. Geographical context Projects should be site based and notified as such. For example where a specific species has been identified delivery of an action plan to return that species to a favourable condition would need to have a geographic context. Sites would not need to be in the vicinity of landfill sites and there would be no restriction on the size of sites as this would vary from species to species and habitat to habitat. 13. Undertaking projects on species or habitats is a method to deliver targets based in BAPS or LBAPS. Do you agree that projects should have a site and therefore geographical context? Lead organisation The Lead Partner takes responsibility for co-ordinating the work to plan, monitor and review progress with the implementations of Species Action Plans. The Lead Partners identify the range of organisations who wish to contribute to the implementation of the plans and together they work to secure funding and to deliver the actions. Statutory Agencies, for example the Forestry Commission, English Nature and the Environment Agency, have been identified as the Lead Agencies for steering the implementation of the Habitat Action Plans. Many of these agencies also act as Contact Points for the Species Action Plans. In this role they respond to many of the general enquires made about the plan and to provide advice, assistance and encouragement to the Lead Partners. Projects through the Landfill Tax Credit Scheme can be put forward by environmental bodies with a clearly identified lead partner. 14. It is suggested that the lead organisations will be the owner of the BAP or LBAP and encouraging this approach to site based delivery will encourage partnership working. Do you think these criteria would bring benefits?

Conservation Objectives A quantified conservation objective. Setting such numerical targets provides a tight focus for what the Biodiversity Action Plan is aiming to achieve. It establishes a yardstick against which achievement of the BAP can be measured. It could be number of breeding pairs, area of habitat increases etc. 15. The inclusion of measurable conservation objectives at the application to register a project stage would ensure a benchmark is set for which the project can be measured against. Would this or another method of target be most appropriate? If another please give details. Further issues ENTRUST would like to invite your comments on the following areas and for you to put forward suggestions on how best to: 16. Measure Deliverables 17. Measuring Targets (biodiversity target) 18. Methods of recording the results of projects 19. Collation and the making of information available to others 20. Does this proposed object compliment other funding streams?