A
bill
to
Recognise Nature as a legal subject; establish and protect the rights of Nature; establish a legal duty of care for public bodies, businesses, and individuals; provide procedural rights for the protection of Nature; establish an Integrated Rights Framework; establish mechanisms for dispute resolution and legal enforcement; make provision about Parliamentary scrutiny; establish a Nature Guardianship Council and Bioregional Councils; establish a Nature’s Rights Tribunal; create a governance structure for implementation and integration; provide for phased implementation and periodic review; ensure compliance with international environmental obligations; promote public awareness and education; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The purpose of this Act is to establish a legal framework for the recognition, protection, implementation and integration of the rights of Nature across law, policy, regulation, public administration, public and private decision-making, and economic and financial systems.
Nature is recognised as a legal subject and rights-bearing entity.
The rights of Nature established by this Act vest in Nature as an
interconnected living whole.
Those rights may be represented and enforced in accordance with this Act.
The rights of Nature may be asserted in relation to a particular ecosystem,
habitat, species, natural community, or natural system according to the nature,
scale, location and ecological connections of the harm or risk concerned.
Recognition of Nature as a legal subject does not of itself—
transfer ownership of land, water, natural resources or other property,
create a right of public access to land or water,
prevent the lawful use of land or property where that use is compatible
with the rights and duties established under this Act (see section 42),
or
make Nature liable for natural processes, functions or events.
Nature has the following inherent rights—
the right to exist, persist and evolve within safe ecological limits;
the right to maintain and regenerate ecological integrity;
the right to restoration and regeneration where harm has occurred;
the right to be free from pollution, contamination and degradation
that threatens ecological integrity, resilience or health;
the right to maintain natural cycles, functions and processes, including
hydrological, climatic, geological, soil, nutrient, reproductive,
evolutionary and ecological processes;
the right to maintain ecological connectivity, diversity, abundance and
resilience.
The rights set out in subsection (1) apply to Nature as an interconnected
living whole and may be applied, represented and enforced in relation to
particular ecosystems, habitats, species, natural communities, natural features
or natural systems.
A breach affecting a particular ecosystem, habitat, species community or
natural system constitutes a breach of the rights of Nature to the extent of
the harm, risk, ecological connection or systemic effect concerned.
The rights set out in this section are to be interpreted in accordance with the
Integrated Rights Framework.
The Integrated Rights Framework is established for the purpose of guiding
the interpretation, implementation and application of this Act.
The Framework establishes a hierarchy of rights, as follows—
first, the rights of Nature are recognised as the foundation of human
life, society and economic activity;
second, human rights are to be protected and fulfilled within the
ecological conditions necessary for life, and
third, economic, corporate and property rights are to be exercised
within, and in a manner that supports rather than undermines, the
rights of Nature and human rights.
In applying the Framework, public authorities, United Kingdom entities (see
section 42
), the Nature Guardianship Council (see
section 15
), Bioregional
Councils (see
section 18
) and the Nature’s Rights Tribunal (see
section 28
) must ensure that decisions are compatible with the rights and duties
established under this Act and must seek, where reasonably practicable,
outcomes that protect, restore or regenerate Nature while supporting human
wellbeing and lawful economic activity.
The Sustainable Development Goals must be interpreted and applied in
accordance with the rights of Nature.
The Framework applies to Ministerial decisions to introduce legislation, and
regulatory, policy, fiscal, financial, planning, procurement, investment,
operational and adjudicative decision-making.
Schedule 1 makes further provision about the Framework.
A duty of care towards Nature is established by this Act.
The duty of care applies to public authorities, United Kingdom entities and,
to the extent provided by or under this Act, other persons whose activities
may significantly affect Nature.
A person subject to the duty of care must take reasonable and proportionate
steps to—
protect, preserve and restore Nature;
prevent, reduce and mitigate harm to Nature;
remedy ecological damage caused or contributed to by that authority,
entity or person’s activities;
support ecological integrity, resilience and regeneration;
act consistently with the Integrated Rights Framework.
In determining what is reasonable and proportionate under subsection (3) , regard must be had to—
the nature, scale and foreseeability of the harm or risk;
the ecological significance, vulnerability and regenerative capacity of
the affected ecosystem, habitat, species community or natural system;
the degree of control, responsibility or influence exercised by the
authority, entity or person concerned;
the availability of less harmful alternatives;
the need for a just transition (see section 42 );
any relevant guidance issued under this Act.
Compliance with the duty of care may require action to prevent harm, to
cease or modify harmful activity, to restore ecological damage, or to support
regeneration.
The Rights and duties established under this Act must be interpreted and
applied consistently with the Integrated Rights Framework.
Where a question arises as to the relationship between the rights of Nature,
human rights, economic rights, corporate rights or property rights, the
decision-maker must apply the hierarchy established by the Framework.
An interference with the rights of Nature may be justified only where the
decision-maker is satisfied that—
the interference is lawful,
the interference pursues a legitimate purpose compatible with this
Act,
there is no reasonably available less harmful alternative,
the interference does not cause or contribute to serious, irreversible,
cumulative or systemic harm to ecological integrity or safe ecological
limits,
the interference is consistent with the duty of care and the Framework,
and
appropriate prevention, mitigation, restoration and regenerative
measures are secured.
In applying subsection (3), particular regard must be given to—
ecological integrity;
safe ecological limits;
the rights and needs of present and future generations;
the rights and wellbeing of affected communities;
cumulative and systemic effects;
scientific uncertainty and the precautionary principle;
the need for a just transition.
In applying this section, decision-makers must apply the hierarchy established
by the Framework.
Nothing in this section prevents a decision-maker from authorising activity
that supports human wellbeing, public benefit or economic activity where
that activity is compatible with the rights and duties established under this
Act and contributes, so far as reasonably practicable, to ecological protection,
restoration or regeneration.
No Crown body, public authority or United Kingdom entity is exempt from
the rights and duties established under this Act solely on the grounds of
national security, public interest, administrative convenience or economic
hardship, except as expressly provided by or under this Act.
Public authorities must exercise their functions consistently with the rights
and duties established under this Act and with the Integrated Rights
Framework, so far as compatible with their statutory functions.
The rights and duties established under this Act must be integrated into all
relevant legislation and, regulations, and all public policies, strategies, plans,
programmes, guidance and decision-making, which is made after the day on
which
this section
comes into force, including in relation to—
planning and development;
environmental regulation and permitting;
water, catchment, coastal and marine governance;
biodiversity, nature recovery and ecosystem restoration;
agriculture, fisheries, forestry and land management;
energy, transport, infrastructure and industrial development;
public procurement, subsidies, taxation and spending;
banking, credit, lending, investment, insurance, pensions and financial
regulation;
trade, supply chains and overseas activities of United Kingdom entities;
any other matter that may materially affect Nature.
Public authorities must, when preparing or revising any policy, strategy, plan,
programme or guidance that may materially affect Nature, have regard to—
the rights of Nature;
the duty of care;
the Integrated Rights Framework;
ecological integrity and safe ecological limits;
cumulative, indirect and systemic effects;
the need for a just transition;
any relevant guidance issued under this Act.
The Secretary of State must ensure that all existing laws, policies, regulations
and administrative practices are reviewed and, where necessary, must put
forward proposals for them to be amended or applied so as to align
progressively with the rights and duties established under this Act.
The Secretary of State must, within 12 months of the day on which this Act
is passed, publish a programme for the review and alignment of priority
legislation, policy and regulation.
Schedule 2
makes provision about priority areas for legislative and policy
alignment.
Nothing in this Act removes, transfers or limits the functions of an existing
public authority or regulator unless expressly provided by or under this Act.
Existing public authorities and regulators must continue to exercise their
functions in accordance with their statutory mandates, but must do so, so far
as compatible with those mandates, consistently with the rights and duties
established under this Act and the Integrated Rights Framework.
The Nature Guardianship Council is responsible for guidance, standards,
coordination, monitoring, support for implementation, and referral or
intervention where necessary under this Act.
The Nature Guardianship Council is not to be treated as replacing an existing
public authority or regulator unless regulations made under this Act expressly
provide.
Public authorities and regulators must cooperate with the Nature Guardianship
Council for the purposes of implementing this Act, including—
sharing relevant information;
participating in coordination arrangements;
having regard to guidance issued under this Act;
assisting with Rights Impact Assessments where appropriate (see section 9 );
supporting implementation, monitoring and enforcement within their
areas of responsibility.
A permit, licence, consent, approval, authorisation or exemption granted
under any enactment does not of itself constitute compliance with the rights
and duties established under this Act.
A public authority or regulator must not grant, vary, renew or continue a
permit, licence, consent, approval, authorisation or exemption unless satisfied,
so far as relevant and proportionate, that the decision is compatible with—
the rights and duties established under this Act;
the Integrated Rights Framework;
the duty of care;
ecological integrity and safe ecological limits;
any relevant guidance issued under this Act.
Where a permit, licence, consent, approval, authorisation or exemption was
granted before the relevant provisions of this Act came into force, the public
authority or regulator responsible for it must review it in accordance with
the priority legislative and policy alignment programme, any relevant
guidance, and such timetable as may be prescribed by regulations.
Following a review under
subsection (8)
, the public authority or regulator
must take such reasonable and proportionate steps as are available under the
relevant enactment to secure compatibility with the rights and duties
established under this Act, including where appropriate—
varying conditions,
imposing additional monitoring, reporting, mitigation, restoration or
regenerative requirements,
requiring a Rights Impact Assessment,
suspending the permit, licence, consent, approval, authorisation or
exemption,
revoking it,
refusing renewal, or
referring the matter to the Nature Guardianship Council or the
Tribunal.
No permit, licence, consent, approval, authorisation or exemption authorises
serious, irreversible, cumulative or systemic harm to Nature unless expressly
permitted under this Act and justified in accordance with
section 9
.
Where there is an inconsistency between a permit, licence, consent, approval,
authorisation or exemption and the rights and duties established under this
Act, the public authority, regulator and holder must, so far as reasonably
practicable, interpret and apply the permit, licence, consent, approval,
authorisation or exemption consistently with the rights and duties established
under this Act.
Where an inconsistency cannot be resolved by interpretation, the public
authority or regulator must take reasonable and proportionate steps to remove
or reduce the inconsistency, having regard to—
the seriousness, reversibility, cumulative nature and systemic nature
of the harm or risk;
ecological integrity and safe ecological limits;
the precautionary principle;
the reliance interests of the permit holder;
the rights and wellbeing of affected communities;
the need for a just transition;
the availability of less harmful alternatives.
Nothing in
this section
prevents urgent action, interim relief or enforcement
action where there is a risk of serious, irreversible, cumulative or systemic
harm to Nature.
The Secretary of State may by regulations make further provision about the
review, variation, suspension, revocation, renewal or alignment of permits,
licences, consents, approvals, authorisations and exemptions for the purposes
of this Act.
A public authority or United Kingdom entity must carry out a Rights Impact
Assessment where a proposed decision, policy, plan, programme, project,
activity, financial decision or regulatory measure may materially affect Nature.
A Rights Impact Assessment must assess—
the potential impact on the rights of Nature;
compatibility with the duty of care;
compatibility with the Integrated Rights Framework;
implications for ecological integrity and safe ecological limits;
implications for human rights, public wellbeing, affected communities
and future generations;
implications for economic, corporate or property rights within the
hierarchy established by the Framework;
direct, indirect, cumulative, cross-boundary and systemic effects;
whether the proposal entrenches ecologically harmful incentives or
externalises ecological costs;
whether there are reasonably available less harmful alternatives;
what prevention, mitigation, restoration and regenerative measures
may be required.
A Rights Impact Assessment must be proportionate to—
the nature and scale of the proposed decision or activity;
the seriousness and likelihood of the potential harm;
the ecological significance, vulnerability or regenerative capacity of
the affected ecosystem, habitat, species community or natural system;
the degree of uncertainty;
the level of control or influence exercised by the decision-maker.
Where an Environmental Impact Assessment, Strategic Environmental
Assessment, Habitats Regulations Assessment, flood risk assessment, climate
assessment, sustainability assessment or other statutory assessment is required,
the Rights Impact Assessment may be integrated into that assessment.
Where a Rights Impact Assessment is integrated into another assessment, the
decision-maker must ensure that the assessment expressly addresses the
matters in
subsection (2)
.
The Nature Guardianship Council must issue guidance on the preparation,
publication, review and use of Rights Impact Assessments.
The Secretary of State may by regulations prescribe categories of decision,
activity, entity or threshold to which
this section
applies.
Economic and financial activity must be interpreted and carried out
consistently with the rights and duties established under this Act and the
Integrated Rights Framework, so far as provided by or under this Act.
Public authorities exercising functions in relation to economic policy, fiscal
policy, public finance, public procurement, subsidies, guarantees, investment
frameworks, financial regulation, financial risk, banking, credit, insurance or
pensions must exercise those functions, so far as compatible with their
statutory mandates, in accordance with the rights and duties established
under this Act.
United Kingdom entities engaged in banking, lending, investment, insurance,
pensions, asset management, financial reporting, fiduciary decision-making
or other financial activity must integrate the rights and duties established
under this Act into relevant decision-making processes, including where
relevant—
the allocation of capital, credit and financial support;
lending, underwriting and investment strategy;
stewardship, ownership and engagement practices;
fiduciary decision-making;
the identification, assessment and management of ecological
dependencies, impacts and risks;
transition planning, risk management and long-term strategy;
financial reporting and disclosure;
the design of financial products, services and instruments.
In exercising functions or making decisions affecting the flow of capital, credit,
insurance or financial support, public authorities and United Kingdom entities
must have regard to the need to—
reduce support for activities inconsistent with the rights and duties
established under this Act;
support regenerative, restorative and ecologically just activities and
systems;
prevent the externalisation of ecological costs;
identify and reduce systemic ecological risk;
support a just transition.
The Nature Guardianship Council may issue sector-specific guidance for the
application of this section to banking, credit, lending, investment, insurance,
pensions, financial reporting, fiduciary decision-making and related economic
activities.
A United Kingdom entity that meets a reporting threshold prescribed by the
Secretary of State must submit an annual report to the Nature Guardianship
Council.
An annual report under this section must include material regarding—
the entity’s compliance with the rights and duties established under
this Act;
steps taken to integrate the Integrated Rights Framework into the
entity’s governance, strategy, operations and decision-making;
actual or potential impacts on Nature arising from the entity’s activities,
operations, investments, procurement, supply chains or overseas
activities;
steps taken to prevent, reduce, mitigate or remedy ecological harm;
restoration or regenerative measures undertaken or supported;
progress towards phased implementation requirements;
where applicable, the extent to which the entity’s financing, lending,
underwriting, investment, procurement, treasury, pension, insurance
or asset management practices support or undermine compliance with
the rights and duties established under this Act;
any other matter prescribed by regulations made by the Secretary of
State.
The Secretary of State may by regulations prescribe reporting thresholds by
reference to—
turnover,
balance sheet value,
number of employees,
sector,
ecological footprint,
emissions, resource use, land use, water use, pollution, biodiversity
impact or other ecological indicators,
the entity’s influence over capital, credit, insurance, guarantees or
investment,
the entity’s role in supply chains, or
any other relevant matter.
A United Kingdom entity that does not meet a reporting threshold is not
required to submit an annual report unless the Nature Guardianship Council
directs otherwise on the ground that the entity’s activities have, or may have,
significant ecological impact.
The Nature Guardianship Council must issue guidance on the form, content,
verification, publication and review of reports under this section.
The Secretary of State may by regulations—
prescribe reporting thresholds;
provide for exemptions, simplified reporting or staged reporting
requirements for smaller entities, community bodies, charities or entities
with limited ecological impact.
The Secretary of State may by regulations provide for the phased
implementation of this Act.
Regulations made under subsection (1) must provide for—
an initial phase;
a timetable for progress towards full alignment with the provisions
of this Act.
The Nature Guardianship Council may recommend adjustments to the targets,
timelines, standards or guidance issued by the Secretary of State where such
adjustments are in its view necessary to reflect—
developments in scientific understanding,
monitoring and implementation outcomes,
ecological conditions in particular bioregions,
sector-specific conditions,
the need for a just transition, or
international obligations.
Any adjustment proposed under
subsection (3)
must maintain or enhance the
purpose of this Act (as stated in
section 1
) and must not weaken the protection
of the rights of Nature except where necessary to secure a more effective
implementation pathway consistent with the Integrated Rights Framework.
The Nature Guardianship Council must publish reasons for any significant
recommendation for adjustment made under
this section
.
The Secretary of State must, in consultation with the Nature Guardianship
Council, establish or promote schemes to support compliance with this Act
and the transition to systems that support the regeneration and restoration
of Nature (“regenerative transition support”).
Schemes under subsection (1) may include—
grants, loans, guarantees or other financial assistance;
tax reliefs, subsidies or fiscal incentives;
public procurement measures;
technical assistance, training and capacity-building;
support for restoration, regeneration, nature recovery and ecological
monitoring;
support for farmers, land managers, fishers, local authorities,
community bodies, small and medium-sized enterprises and affected
workers or communities;
support for innovation, research and development consistent with the
rights and duties established under this Act;
transition support for sectors, regions or bioregions facing particular
implementation challenges;
any other measure that supports implementation of the rights and
duties established under this Act.
In designing schemes under
this section
, the Secretary of State must have
regard to—
the Integrated Rights Framework;
the need for a just transition;
ecological integrity and safe ecological limits;
the need to prevent serious, irreversible, cumulative or systemic harm
to Nature;
the desirability of redirecting public and private finance towards
regenerative and restorative activities;
the need to avoid subsidising or incentivising activities inconsistent
with the rights and duties established under this Act.
The Secretary of State must keep under review existing grants, subsidies, tax
reliefs, procurement policies and other public financial support mechanisms
that may materially affect Nature.
Where the Secretary of State considers that an existing mechanism materially
undermines the rights and duties established under this Act, the Secretary of
State must take reasonable steps to amend, replace or phase out that
mechanism, having regard to the need for a just transition.
The Nature Guardianship Council may issue guidance on regenerative
transition support, including guidance for public authorities and United
Kingdom entities on aligning incentives, procurement, investment and support
mechanisms with the provisions of this Act.
The Secretary of State must, within 12 months of the day on which this Act
is passed, publish a priority legislative and policy alignment programme.
The programme must identify enactments, regulations, policies, strategies,
guidance and administrative practices requiring review or amendment for
the purposes of implementing this Act.
The programme must include, in particular, a review of law and policy relating
to—
planning and development control;
environmental permitting and regulation;
water, rivers, catchments, wetlands, coasts and marine areas;
biodiversity, nature recovery and protected sites;
forestry, woodlands, trees and ancient woodlands;
agriculture, soil, fisheries and land management;
climate change, energy and infrastructure;
public procurement, subsidies, taxation and spending;
banking, finance, investment, insurance and pensions;
corporate governance, reporting and fiduciary duties;
local authority powers, by-laws and community governance;
public participation, access to information and access to justice;
any other relevant area identified by the Secretary of State or the
Nature Guardianship Council.
The Secretary of State must consult the Nature Guardianship Council, devolved
administrations, relevant public authorities, affected communities and such
other persons as the Secretary of State considers appropriate before publishing
the programme.
The Secretary of State must lay the programme before Parliament.
The Secretary of State must review and update the programme at intervals
of not more than three years.
A body corporate called the Nature Guardianship Council is established.
The principal functions of the Nature Guardianship Council are to—
issue guidance, standards and codes of practice for the implementation
of the rights and duties established under this Act;
support public authorities, United Kingdom entities and Bioregional
Councils in applying the Integrated Rights Framework;
monitor and report on implementation of this Act;
advise the Secretary of State, devolved administrations, public
authorities and regulators on matters relating to this Act;
support the development of Rights Impact Assessment methodologies;
support non-adversarial resolution of disputes relevant to the
provisions of this Act;
refer matters to the Tribunal where necessary;
maintain registers required under this Act;
support public participation, education and capacity-building relevant
to the provisions of this Act;
support pilot schemes and adaptive implementation related to this
Act;
issue sector-specific guidance, including for economic and financial
systems;
perform any other function conferred by or under this Act.
The Nature Guardianship Council must exercise its functions consistently
with—
the rights and duties established under this Act;
the Integrated Rights Framework;
ecological integrity and safe ecological limits;
the need for a just transition;
the precautionary principle;
inclusive public participation.
The Nature Guardianship Council must act independently in the exercise of
its advisory, monitoring, reporting and referral functions.
The Nature Guardianship Council must not be treated as replacing an existing
public authority or regulator except to the extent expressly provided by or
under this Act.
The Nature Guardianship Council must have regard to relevant scientific
evidence, ecological knowledge, local knowledge, traditional knowledge where
applicable, and the rights and wellbeing of affected communities.
The Secretary of State must by regulations make provision regarding the
membership, appointment, governance, procedure and accountability of the
Nature Guardianship Council.
The membership of the Nature Guardianship Council must include persons
with knowledge or experience of—
ecology, biodiversity, ecosystem restoration or Earth systems science,
environmental law, public law, human rights law or ecological
jurisprudence,
climate change, planetary boundaries or Earth system boundaries,
environmental economics, sustainable finance or regenerative economic
systems,
public administration, planning, regulation or local government,
public participation, community governance or access to justice,
matters relating to youth and future generations, and
such other matters as the Secretary of State considers relevant.
The regulations must provide for appointments to be made by the Secretary
of State through a transparent and merit-based process.
In making appointments, the Secretary of State must have regard to the
expertise, geography, age, gender, ethnicity, experience and community
representation.
The Nature Guardianship Council must publish—
its governance arrangements,
its rules for managing conflicts of interest,
a code of conduct,
its annual accounts, and
such other information as may be prescribed by regulations.
The Nature Guardianship Council must issue guidance to make provision
for bioregional implementation of the provisions of this Act.
For the purposes of this Act, bioregional implementation must have regard
to—
ecological coherence;
watersheds, catchments and natural boundaries;
ecosystems, habitats, landscapes and seascapes;
ecological connectivity and cumulative effects;
existing administrative, statutory and local government boundaries;
community cohesion and cultural connection;
practical delivery and accountability.
The Secretary of State may by regulations provide for bioregional
implementation of the provisions of this Act through—
Bioregional Councils,
joint committees,
designated lead authorities,
partnerships between public authorities, communities and civil society
organisations,
catchment, landscape, seascape or ecosystem-based governance
arrangements,
pilot schemes, or
such other arrangements as the Secretary of State considers appropriate.
Bioregional implementation arrangements must remain consistent with the
rights and duties established under this Act and the Integrated Rights
Framework.
The Nature Guardianship Council must ensure that bioregional implementation
arrangements are ecologically coherent while remaining administratively
workable.
Nothing in this section prevents implementation arrangements from aligning
with existing administrative or statutory structures where this is consistent
with ecological coherence and the purpose of this Act.
The Secretary of State may make regulations establishing Bioregional Councils
for one or more bioregions or for areas designated for bioregional
implementation under
section 17
.
A Bioregional Council established under
subsection (1)
is established for the
purpose of supporting local and regional implementation of the rights and
duties established under this Act.
A Bioregional Council may—
monitor ecological conditions and indicators within its area;
support public participation and access to information;
receive concerns, petitions and complaints relating to actual or potential
impacts on Nature;
facilitate dialogue, mediation and non-adversarial resolution of disputes
relevant to the provisions of this Act;
advise public authorities, United Kingdom entities and communities
on implementation of the provisions of this Act;
support the preparation and review of Bioregional Implementation
Plans (see
section 20
);
refer serious, unresolved, systemic or cross-boundary matters relevant
to the provisions of this Act to the Nature Guardianship Council or
the Tribunal;
support education, outreach and local governance initiatives relevant
to the provisions of this Act;
assist with Rights Impact Assessments where appropriate;
receive and consider applications for Nature Designated Entity status
in accordance with
section 19
;
perform any other function conferred by or under this Act.
A Bioregional Council must exercise its functions consistently with—
the rights and duties established under this Act;
the Integrated Rights Framework;
guidance issued by the Nature Guardianship Council;
ecological integrity and safe ecological limits;
inclusive public participation;
the need for a just transition.
The Secretary of State must make by regulations make provision about the
membership, appointment, procedure, accountability and funding of
Bioregional Councils.
The membership of a Bioregional Council must, so far as practicable, include
persons with knowledge or experience of—
ecology, environmental science or ecosystem restoration,
law, planning, public administration or local governance,
local communities, including marginalised communities,
matters relating to youth and future generations,
land, water, coastal, marine or catchment management,
traditional or local ecological knowledge where applicable, and
such other matters as may be prescribed in the regulations made under subsection (5) .
Bioregional Councils must cooperate with the Nature Guardianship Council,
public authorities, regulators and each other.
A natural feature, ecosystem, habitat, species community, or natural system
may be designated as a Nature Designated Entity in accordance with
this
section
.
The purpose of designation is to support the representation, protection,
restoration or regeneration of the rights of Nature in relation to a particular
natural feature, ecosystem, habitat, species community, natural community
or natural system.
Designation as a Nature Designated Entity does not—
transfer ownership of land, water, natural resources or other property,
create a right of public access to land or water,
create a new protected area status,
prevent the lawful use of land or property where that use is compatible
with the rights and duties established under this Act, or
authorise the Nature Guardianship Council, a Bioregional Council or
any other person to take possession or control of land, water, natural
resources or other property.
An application for designation may be made by—
a public authority,
a Bioregional Council,
a registered charity,
a community body established for community benefit,
an affected community,
a public-interest organisation,
an owner or occupier of land or water within the proposed area,
the Nature Guardianship Council, where requested by a public
authority, Bioregional Council or affected community, or
such other person as may be prescribed by regulations made by the
Secretary of State.
An application must—
identify the proposed Nature Designated Entity;
describe its extent by reference to a map, plan or other means sufficient
to identify it with reasonable certainty;
state the ecological characteristics and basis on which designation is
sought;
identify, so far as reasonably practicable, any known owners, occupiers,
public authorities and affected communities;
explain how designation would assist the representation, protection,
restoration or regeneration of the rights of Nature;
include such other information as may be required by regulations
made by the Secretary of State.
In determining whether to designate a Nature Designated Entity, the
decision-maker must have regard to—
the ecological integrity, rarity, irreplaceability, antiquity, vulnerability
or regenerative capacity of the proposed entity;
its biodiversity, habitat, hydrological, climatic, soil, carbon,
cultural-ecological, landscape or seascape significance;
its contribution to ecological connectivity, resilience or restoration;
any risk of serious, irreversible, cumulative or systemic harm to nature;
whether designation would materially assist the representation,
protection, restoration or regeneration of the rights of Nature;
the views of owners, occupiers, public authorities, affected communities
and other persons consulted under
this section
;
whether designation would duplicate, support or strengthen existing
legal protections;
any relevant guidance issued by the Nature Guardianship Council.
Before determining an application, the decision-maker must consult—
any person appearing to be an owner or occupier of land or water
within the proposed extent, so far as reasonably practicable;
relevant public authorities;
affected communities;
the Nature Guardianship Council, where it is not the decision-maker;
such other persons as may be prescribed by regulations made by the
Secretary of State.
A designation must be made by Designation Order.
A Designation Order must—
identify the Nature Designated Entity;
describe its extent;
state the reasons for designation;
specify the date on which designation takes effect;
identify any representation or guardianship arrangements;
specify any monitoring, reporting or review arrangements.
A Designation Order may make provision for representation or guardianship
arrangements, including the appointment as a representative or guardian of
the Nature Designated Entity of—
the Nature Guardianship Council,
a Bioregional Council,
a public authority,
a community body,
a registered charity,
a panel of representatives, or
such other person or body as may be prescribed by regulations made
by the Secretary of State.
A representative or guardian appointed under
subsection (10)
must act for
the purpose of representing, protecting, restoring or regenerating the rights
of Nature in relation to the Nature Designated Entity.
A representative or guardian appointed under
subsection (10)
does not acquire
ownership of, or control over, land, water, natural resources or other property
by virtue of that appointment.
The Nature Guardianship Council must maintain and publish a register of
Nature Designated Entities and Designation Orders.
A Designation Order may be varied or revoked in accordance with regulations
made by the Secretary of State, provided that consultation and reasons are
published.
The applicant, or any person materially affected by a decision to grant, refuse,
vary or revoke designation, may appeal to the Tribunal in accordance with
Tribunal rules.
The Secretary of State may by regulations make further provision about
applications, consultation, criteria, Tribunal rules, procedure, representation,
review, variation, revocation and appeals in relation to Nature Designated
Entities.
The Nature Guardianship Council must issue guidance on the preparation
of Bioregional Implementation Plans.
A Bioregional Implementation Plan is a plan for supporting the implementation
of the rights and duties established under this Act within a bioregion or other
area designated for bioregional implementation.
A Bioregional Implementation Plan may include—
an assessment of ecological conditions, pressures and risks;
ecological integrity indicators and restoration priorities;
measures to support compliance with the duty of care;
measures to support public authorities and United Kingdom entities
in applying the Integrated Rights Framework;
proposals for restoration, regeneration and nature recovery;
measures to support public participation and access to information
relevant to the provisions of this Act;
proposals for non-adversarial dispute resolution relevant to the
provisions of this Act;
measures to support a just transition;
measures relating to Nature Designated Entities;
monitoring and reporting arrangements; and
such other matters as may be prescribed by regulations made by the
Secretary of State.
Bioregional Implementation Plans must be prepared through inclusive
consultation with public authorities, communities, affected persons, relevant
experts and such other persons as may be appropriate.
Public authorities must have regard to any relevant Bioregional
Implementation Plan when exercising functions that may materially affect
Nature.
A Bioregional Implementation Plan does not override an enactment,
development plan or, marine plan, but must be taken into account so far as
relevant when such enactments or plans are prepared, reviewed or applied.
The Secretary of State may by regulations make further provision about the
preparation, approval, publication, review and effect of Bioregional
Implementation Plans.
Public authorities, the Nature Guardianship Council and Bioregional Councils
must support meaningful public participation in decisions, policies, plans and
processes under this Act.
Public authorities, the Nature Guardianship Council and Bioregional Councils
must, where appropriate—
publish information in accessible form;
provide adequate time for public engagement;
take reasonable steps to engage affected communities;
take reasonable steps to reduce barriers to participation;
have regard to the views of children and young people;
have regard to the interests of future generations;
support participation by marginalised or disproportionately affected
communities;
publish reasons explaining how relevant participation has been
considered.
Any person may request environmental or rights-related information held by
the Nature Guardianship Council or a Bioregional Council, subject to
regulations made by the Secretary of State and any applicable exemptions
under information law.
The Secretary of State must ensure that appropriate resources, guidance and
mechanisms are available to support effective participation under this Act,
having regard to proportionality and the need for a just transition.
The Nature Guardianship Council may, with the prior approval of the
Secretary of State, establish pilot schemes for the implementation of this Act.
A pilot scheme may relate to—
a bioregion, catchment, landscape, seascape, local authority area or
other area,
a sector,
a type of public authority or United Kingdom entity,
Rights Impact Assessments,
Nature Designated Entities,
Bioregional Implementation Plans,
non-adversarial dispute resolution relevant to the provisions of this
Act,
finance, procurement or investment alignment,
reporting and monitoring, or
such other matter as may support implementation of the provisions
of this Act.
A pilot scheme must be designed to test, evaluate or improve implementation
of the rights and duties established under this Act.
The Nature Guardianship Council must publish the objectives, scope, duration
and evaluation criteria for each pilot scheme.
The Nature Guardianship Council must publish an evaluation report after
completion of a pilot scheme.
The results of pilot schemes may inform regulations, guidance, standards and
implementation plans under this Act.
The Nature Guardianship Council may issue guidance, standards and codes
of practice for the purposes of this Act.
Guidance, standards and codes of practice may relate to any of—
the Integrated Rights Framework;
the duty of care;
Rights Impact Assessments;
ecological integrity and safe ecological limits;
Planetary boundaries and Earth system boundaries;
reporting and monitoring;
public participation relevant to the provisions of this Act;
Nature Designated Entities;
Bioregional Implementation Plans;
non-adversarial dispute resolution relevant to the provisions of this
Act;
restoration and regenerative measures;
economic and financial system alignment;
sector-specific implementation;
such other matters as the Nature Guardianship Council considers
appropriate.
A person exercising functions under this Act must have regard to relevant
guidance, standards and codes of practice issued under this section.
Before issuing guidance, standards or codes of practice, the Nature
Guardianship Council must consult such persons as it considers appropriate.
The Nature Guardianship Council must keep guidance, standards and codes
of practice under review.
Schedule 3 makes further provision relating to guidance, standards and codes
of practice.
The Nature Guardianship Council must promote education, training and
capacity-building to support the implementation of this Act.
Education, training and capacity-building under this section may include
programmes, guidance, resources or support for any of the following—
public authorities and regulators;
courts, tribunals and legal professionals;
United Kingdom entities;
financial institutions and investors;
local authorities and Bioregional Councils;
communities, civil society organisations and affected persons;
schools, universities and other educational institutions;
farmers, land managers, fishers and other persons or sectors whose
activities may materially affect Nature;
such other persons as the Nature Guardianship Council considers
appropriate.
The matters addressed under this section may include—
the rights of Nature;
the Integrated Rights Framework;
the duty of care;
Rights Impact Assessments;
ecological integrity and safe ecological limits;
planetary boundaries and Earth system boundaries;
restorative and regenerative practices;
non-adversarial dispute resolution relevant to the provisions of this
Act;
public participation and access to information relevant to the provisions
of this Act;
implementation by public authorities, United Kingdom entities and
financial institutions;
such other matters as may support the purposes of this Act.
The Nature Guardianship Council must, so far as reasonably practicable,
ensure that education, training and capacity-building materials are accessible
and suitable for different audiences.
The Secretary of State may provide funding or other support for education,
training and capacity-building under this section.
The Nature Guardianship Council must cooperate with public authorities,
educational institutions, professional bodies, civil society organisations,
community bodies and other persons in carrying out functions under this
section.
The Nature Guardianship Council must monitor the implementation and
effectiveness of this Act.
The Nature Guardianship Council must prepare and publish an annual report.
The annual report must include—
an assessment of progress in implementing the rights and duties
established under this Act;
an assessment of progress in applying the Integrated Rights
Framework;
information about Rights Impact Assessments;
information about relevant reporting by United Kingdom entities;
information about Nature Designated Entities;
information about Bioregional Implementation Plans;
information about pilot schemes;
information about disputes, referrals and Tribunal proceedings;
information about guidance, standards and codes of practice issued
under this Act;
an assessment of barriers to implementation;
recommendations for legislative, policy, regulatory or administrative
change;
material on such other matters as may be prescribed by regulations
made by the Secretary of State.
The Nature Guardianship Council must lay the annual report before
Parliament.
The Nature Guardianship Council must send the annual report to the devolved
administrations.
The annual report must be published in an accessible form.
The Secretary of State must lay before Parliament—
the annual report of the Nature Guardianship Council;
the priority legislative and policy alignment programme;
any review report prepared under this Act;
any other report required by regulations made by the Secretary of
State.
A Minister of the Crown must, within 90 days of the laying of an annual
report under subsection (1)(a), make a written statement to Parliament
responding to the report.
The statement under subsection (2) must set out—
the Government’s response to the recommendations of the Nature
Guardianship Council;
any action the Government proposes to take;
any recommendation the Government does not propose to accept;
the reasons for any decision not to accept a recommendation.
Nothing in this section prevents either House of Parliament from referring
any matter relating to this Act to a Committee of that House or of both
Houses.
Disputes, complaints or concerns arising under this Act must, where
appropriate, be addressed through non-adversarial resolution before formal
enforcement or Tribunal proceedings are commenced.
Non-adversarial resolution under this section may include any of—
dialogue;
facilitated negotiation;
mediation;
restorative justice processes;
expert determination on ecological or technical matters;
community-led resolution processes;
agreed restoration or transition plans;
such other processes as may be prescribed by regulations made by
the Secretary of State.
The Nature Guardianship Council and Bioregional Councils may facilitate or
support non-adversarial resolution.
Nothing in this section prevents urgent enforcement action, interim relief or
Tribunal proceedings where there is a risk of serious, irreversible, cumulative
or systemic harm to Nature.
The Nature Guardianship Council must issue guidance on non-adversarial
resolution under this Act.
The Tribunal known as the Nature’s Right Tribunal is established for the
purpose of determining matters arising under this Act.
The Secretary of State must by regulations make provision about—
the jurisdiction of the Tribunal;
the appointment, qualifications and independence of Tribunal members;
the composition of Tribunal panels;
procedure;
evidence;
remedies;
appeals;
costs;
urgent and interim relief;
representation of Nature;
participation by affected persons and communities;
the appointment of an Advocate to the Court;
such other matters as the Secretary of State considers necessary for
the effective operation of the Tribunal.
Tribunal panels must include, or have access to, appropriate expertise in—
law,
ecology, biodiversity or Earth systems science,
restorative justice or non-adversarial dispute resolution,
public administration, planning, finance or regulation where relevant,
local, community or traditional ecological knowledge where
appropriate, and
such other expertise as may be required by the nature of the case.
The Tribunal must exercise its functions consistently with—
the rights and duties established under this Act;
the Integrated Rights Framework;
ecological integrity and safe ecological limits;
the precautionary principle;
restorative justice;
the need for a just transition;
the rights and wellbeing of affected communities and future
generations.
The Tribunal may determine—
applications to enforce the rights and duties established under this
Act;
disputes concerning Rights Impact Assessments;
referrals from the Nature Guardianship Council;
referrals from Bioregional Councils;
appeals relating to Nature Designated Entities;
applications for restoration orders (see
Schedule 4
), injunctions or other
remedies under this Act;
questions concerning compliance by public authorities or United
Kingdom entities with duties under this Act;
matters concerning the overseas operations, subsidiaries, contractors
or supply chains of United Kingdom entities to the extent provided
by this Act;
disputes concerning reporting obligations under this Act;
such other matters as may be prescribed by regulations made by the
Secretary of State.
The Tribunal may decline to determine a matter where—
the matter would be more appropriately determined by another court,
tribunal, regulator or public authority,
adequate alternative remedies are available,
the matter is premature,
non-adversarial resolution has not been attempted and there is no
urgent need for determination, or
determination would not materially assist the protection, restoration
or regeneration of the rights of Nature.
Subsection (2)
does not apply where there is a risk of serious, irreversible,
cumulative or systemic harm to Nature.
The Tribunal may refer a matter, or part of a matter, to another court, tribunal,
regulator or public authority where appropriate.
Nothing in this Act prevents a court or tribunal from taking account of the
rights and duties established under this Act where relevant to proceedings
before it.
Proceedings to enforce the rights and duties established under this Act may
be brought to the Tribunal in the name of Nature.
Proceedings in the name of Nature may be brought by any of—
the Nature Guardianship Council;
a Bioregional Council;
a representative appointed for a Nature Designated Entity;
a public authority;
a registered charity;
a community body established for community benefit;
an affected community;
a person directly affected by the alleged breach;
a public-interest organisation;
such other person as may be prescribed by regulations made by the
Secretary of State.
The Tribunal may grant permission for proceedings to be brought by a person
not listed in
subsection (2)
where satisfied that—
the proceedings are brought in good faith,
the applicant has a sufficient interest in the protection, restoration or
regeneration of the rights of Nature, and
the proceedings may materially assist the determination of an issue
under this Act.
A person bringing proceedings in the name of Nature must act for the purpose
of protecting, restoring or regenerating the rights of Nature.
The Tribunal may appoint a representative for Nature where necessary to
ensure that the rights of Nature are properly represented.
The Tribunal may give directions to avoid duplication, conflict or inconsistency
where more than one person seeks to represent Nature in relation to the same
matter.
Any remedy granted in proceedings brought in the name of Nature must, so
far as practicable, benefit Nature, the affected ecosystem, habitat, species
community or natural system, or communities and future generations
dependent upon its ecological integrity.
Where the Tribunal finds that the rights and duties established under this
Act have been, are being, or are likely to be breached, it may grant such order
or remedy as it considers just and appropriate.
Orders and remedies under this section may include—
a declaration;
an injunction;
an interim injunction;
a restoration order (see Schedule 4 );
a regeneration order;
a remediation or mitigation order;
an order requiring preparation, revision or implementation of a Rights
Impact Assessment;
an order requiring preparation or implementation of a compliance
plan, transition plan or restoration plan;
an order requiring monitoring, reporting or independent verification;
an order requiring cessation, suspension or modification of an activity;
a recommendation to a regulator, public authority or Minister;
referral to another court, tribunal, regulator or public authority;
a financial penalty where authorised by regulations made by the
Secretary of State;
a costs order where authorised by regulations made by the Secretary
of State;
such other remedy as may be prescribed by regulations made by the
Secretary of State.
In determining the appropriate remedy, the Tribunal must have regard to—
the nature, seriousness and duration of the breach or risk;
the ecological significance, vulnerability and regenerative capacity of
the affected ecosystem, habitat, species community or natural system;
whether the harm is serious, irreversible, cumulative or systemic;
the conduct, knowledge, control and resources of the person
responsible;
the need for restoration, regeneration and prevention of future harm;
impacts on affected communities;
the need for a just transition;
whether non-adversarial resolution has been attempted;
proportionality;
any relevant guidance issued under this Act.
A restoration or regeneration order must specify, so far as appropriate—
the ecological harm to be addressed;
the actions required;
the person responsible for carrying out the actions;
the timetable for compliance;
monitoring and reporting requirements;
requirements for independent ecological advice or verification;
arrangements for community participation where appropriate.
The Tribunal must, so far as practicable, prioritise remedies that prevent harm,
restore ecological integrity, support regeneration and secure compliance with
the Integrated Rights Framework.
Where the Nature Guardianship Council has reasonable grounds to believe
that a person is failing, has failed, or is likely to fail to comply with the rights
and duties established under this Act, it may issue an enforcement notice.
An enforcement notice may require the person to—
provide information,
carry out or revise a Rights Impact Assessment,
prepare a compliance plan,
cease, suspend or modify an activity,
take steps to prevent, mitigate or remedy harm,
undertake monitoring or reporting,
participate in non-adversarial resolution, or
take such other action as may be prescribed by regulations made by
the Secretary of State.
An enforcement notice must—
identify the alleged failure or risk;
state the reasons for the notice;
specify the action required;
specify the period for compliance;
explain any right of review or appeal;
state the consequences of non-compliance.
A person receiving an enforcement notice may appeal to the Tribunal in
accordance with Tribunal rules.
Failure to comply with an enforcement notice may be referred to the Tribunal.
The Nature Guardianship Council may withdraw or vary an enforcement
notice.
A person commits an offence under this Act if—
the person intentionally or recklessly causes serious harm to Nature
in breach of the rights and duties established under this Act,
the person knowingly fails to comply with an enforcement notice,
restoration order, injunction or other order made under this Act,
the person knowingly or recklessly provides false or misleading
information required under this Act, or
the person intentionally obstructs the Nature Guardianship Council,
a Bioregional Council, the Tribunal or a person lawfully exercising
functions under this Act.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
20 years, or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding six
months, or to a fine, or to both.
Where an offence under this Act is committed by a legal entity and is proved
to have been committed with the consent or connivance of, or to be attributable
to neglect by, an officer of the entity, that officer also commits the offence.
In subsection (3), “officer” includes a director, manager, secretary, partner,
trustee or other person purporting to act in a similar capacity.
Nothing in this section prevents civil, administrative, regulatory or restorative
remedies from being granted in relation to conduct that does not constitute
an offence.
Nothing in this section makes Nature or a Nature Designated Entity liable
for any offence.
The precautionary principle applies to the interpretation and application of
this Act.
Where there is a risk of serious, irreversible, cumulative or systemic harm to
Nature, lack of full scientific certainty must not be used as a reason for
postponing reasonable and proportionate measures to prevent or reduce that
harm.
Where a public authority or United Kingdom entity proposes to authorise,
fund, insure, undertake or support an activity that may cause serious,
irreversible, cumulative or systemic harm to Nature, that public authority or
United Kingdom entity must demonstrate that—
the risk has been assessed;
reasonably available less harmful alternatives have been considered;
prevention, mitigation, restoration and regenerative measures have
been secured;
the proposal is compatible with the duty of care and the Integrated
Rights Framework;
the proposal will not cause or contribute to serious, irreversible,
cumulative or systemic harm to ecological integrity or safe ecological
limits.
The Secretary of State may by regulations make further provision about
evidential burdens in proceedings under this Act.
Nothing in this section prevents the Tribunal from drawing appropriate
inferences from a failure to provide information reasonably required under
this Act.
Schedule 4 makes further provision regarding sanctions, remedies and
enforcement measures.
The Tribunal may appoint one or more persons as Advocate to the Court to
assist the Tribunal in proceedings under this Act.
An Advocate to the Court may provide impartial legal, scientific, ecological,
technical, community, cultural, social or other relevant assistance.
The Tribunal may appoint an Advocate to the Court where it considers that
such assistance would support the fair, informed and effective determination
of a matter.
Tribunal rules may make provision about Advocates’—
appointment,
eligibility,
independence,
remuneration, and
participation in proceedings,
and about such other matters regarding Advocates as may be necessary.
The Secretary of State must ensure that appropriate mechanisms are available
to support access to justice in proceedings and non-adversarial resolution
under this Act.
Mechanisms under subsection (1) may include—
an environmental justice fund,
legal aid or legal assistance,
approved representation schemes,
pro bono panels,
expert assistance;
fee remission,
costs protection, or
other mechanisms.
Funding or support under this section must prioritise—
representation of Nature;
proceedings concerning serious, irreversible, cumulative or systemic
harm to nature;
public-interest applicants;
affected communities;
persons who would otherwise be unable effectively to participate;
cases raising issues of wider importance under this Act.
Tribunal rules may make provision for costs, including protective costs orders,
costs caps, fee remission and circumstances in which costs may or may not
be awarded.
Nothing in
this section
creates an unlimited entitlement to publicly- funded
legal representation.
The Secretary of State must have regard to the need for effective, fair and
proportionate access to justice when making funding arrangements under
this section
.
Nature and any Nature Designated Entity are immune from legal proceedings
brought against them in any court or tribunal.
Nature and any Nature Designated Entity may not be joined as a defendant
or respondent in legal proceedings.
No duty, liability or cause of action arises against Nature or any Nature
Designated Entity by reason only of any natural process, function or event,
including—
flooding;
erosion;
sediment movement;
drought;
fire;
storm;
disease;
species movement;
ecological succession;
any other natural dynamic.
Nothing in this section prevents proceedings from being brought against a
public authority, United Kingdom entity, person, owner, occupier, regulator
or other legal person in respect of acts or omissions for which that person
may be liable.
Nothing in this section prevents proceedings relating solely to the
administration, representation or protection of a Nature Designated Entity,
provided that—
the proceedings are brought against the relevant representative in that
representative capacity only;
no claim may be made for damages, compensation, costs or other
monetary relief from Nature or the Nature Designated Entity;
no order may impose personal liability on Nature or the Nature
Designated Entity;
any relief granted is limited to declarations or directions necessary for
the representation, protection, restoration or administration of the
Nature Designated Entity.
A decision of the Tribunal may be appealed to the High Court.
Tribunal rules may make provision about permission to appeal.
An appeal under this section may be brought by any of—
a party to the proceedings;
the Nature Guardianship Council;
a representative of Nature appointed in the proceedings;
a person materially affected by the decision;
such other person as may be prescribed by regulations made by the
Secretary of State.
The High Court may—
uphold the decision,
set aside the decision,
remit the matter to the Tribunal,
substitute its own decision where appropriate, or
make such other order as it considers just.
This Act applies to the overseas activities of United Kingdom entities to the
extent provided by or under this Act.
A United Kingdom entity must take reasonable and proportionate steps to
ensure that activities outside the United Kingdom that are subject to its
material direction, control or influence are carried out consistently with the
rights and duties established under this Act.
The duty in subsection (2) applies in relation to—
overseas subsidiaries;
contractors;
supply chains;
investments;
lending, underwriting and insurance;
procurement;
joint ventures or partnerships;
any other activity or relationship subject to material direction, control
or influence from within the United Kingdom.
In applying this Act to activities outside the United Kingdom, regard must
be had to—
the ecological conditions of the place where the activity occurs;
the rights and wellbeing of affected communities;
applicable local law;
applicable international law;
the degree of direction, control or influence exercised from within the
United Kingdom;
the availability of reasonably practicable measures to prevent, reduce,
mitigate, remedy or restore ecological harm;
the need for a just transition;
the rights and duties established under this Act and the Integrated
Rights Framework.
Nothing in this Act purports to alter the law of a jurisdiction outside the
United Kingdom.
Nothing in this Act requires a United Kingdom entity to act in breach of
applicable local law or binding international law, but where compliance with
such law would prevent full compliance with the rights and duties established
under this Act, the United Kingdom entity must take all reasonable and
proportionate steps within its direction, control or influence to—
avoid or reduce harm to Nature;
prevent serious, irreversible, cumulative or systemic harm to Nature;
secure mitigation, restoration or regeneration where harm occurs;
use its influence to promote compliance with the rights and duties
established under this Act;
revise, suspend or terminate the relevant activity, relationship or
arrangement where continuation would materially undermine the
rights and duties established under this Act and where it is reasonable
and proportionate to do so;
and must report the conflict, the steps taken and any remaining risk in accordance with reporting requirements under this Act.
Existing international environmental, climate, biodiversity, human rights,
trade, investment or other obligations are to be treated, for the purposes of
this Act, as minimum standards and not as preventing the United Kingdom
from imposing higher standards of ecological protection, restoration, due
diligence, reporting or accountability on UK United Kingdom entities under
this Act.
This Act must, so far as possible, be read and applied consistently with the
international obligations of the United Kingdom.
Where a question arises as to the relationship between the rights and duties
established under this Act and an international obligation of the United
Kingdom, the decision-maker must interpret and apply this Act in a manner
that gives the greatest effect reasonably possible to—
the rights and duties established under this Act;
the Integrated Rights Framework;
ecological integrity and safe ecological limits;
human rights and the wellbeing of affected communities;
the international obligations of the United Kingdom.
The Secretary of State may by regulations make further provision about the
application of this Act to overseas activities, subsidiaries, contractors, supply
chains, investments, lending, underwriting and insurance by United Kingdom
entities.
Nothing in this Act limits or reduces any protection, right, duty, remedy or
cause of action arising under any other enactment, rule of law, international
obligation or retained environmental principle.
Where another enactment or rule of law provides stronger protection for
Nature, ecological integrity, environmental quality, human health, public
participation or access to justice, that stronger protection is not displaced by
this Act.
Where possible, other enactments and rules of law must be read and applied
consistently with the rights and duties established under this Act and the
Integrated Rights Framework.
Nothing in this Act prevents a court, tribunal, public authority or regulator
from granting or applying any remedy, sanction or protective measure
available under any other enactment or rule of law provided that that
application does not undermine the rights and duties established under this
Act and the principles of the Integrated Rights Framework.
Within three years of the day on which this Act is passed, the Secretary of
State must review the operation of its provisions.
Subsequent reviews must be completed at intervals of not more than five
years.
A review under this section must consider—
the effectiveness of the Act in recognising, protecting, restoring and
regenerating the rights of Nature;
the operation of the Integrated Rights Framework;
the effectiveness of the duty of care;
the effectiveness of Rights Impact Assessments;
the operation of the Nature Guardianship Council, Bioregional Councils
and the Tribunal;
the operation of Nature Designated Entity designation;
progress on legislative and policy alignment;
the effectiveness of incentives and regenerative transition support;
access to justice and public participation relevant to the provisions of
this Act;
impacts on affected communities, public authorities, United Kingdom
entities and sectors;
alignment with scientific understanding, including planetary boundaries
and Earth system boundaries;
alignment with international obligations;
any need for amendment of this Act or other legislation.
In carrying out a review, the Secretary of State must consult—
the Nature Guardianship Council;
the devolved administrations;
public authorities and regulators;
Bioregional Councils;
affected communities;
representatives of Nature Designated Entities;
United Kingdom entities and sector representatives;
civil society organisations;
scientific and legal experts;
such other persons as the Secretary of State considers appropriate.
The Secretary of State must lay a report of the review before Parliament.
The report must include any recommendations for legislative, policy,
regulatory or administrative change.
In this Act—
“
bioregion” means an ecologically coherent area identified by reference
to natural boundaries, watersheds, ecosystems, catchments, landscape
or seascape characteristics, cultural connection and community
cohesion;
“
community body established for community benefit” means a body
which—
is not carried on for profit,
has as its main purpose the benefit of a defined local
community, and
has a written constitution providing for local community
participation in its governance;
“
duty of care” means the duty established by
section 5
;
“
Earth system boundaries” means scientifically- established safe
environmental thresholds, and, where applicable, just environmental
thresholds, for maintaining Earth system stability and minimising
significant harm to humans and Nature, including thresholds relating
to climate, biodiversity, water, nutrient cycles, land systems, aerosols,
ocean systems and novel entities at global, regional or local scales;
“
ecological integrity” means the health and capacity of ecosystems to
maintain their structure, composition, functions, processes, connectivity,
productivity, diversity, resilience and regenerative capacity over time;
“
economic rights” includes corporate, commercial, contractual, fiscal,
investment and property rights and interests;
“
financial activity” means any activity involving the provision, allocation,
intermediation, management, underwriting, investment, safeguarding
or pricing of money, credit, capital, assets, liabilities, guarantees or
financial risk;
“
financial institution” means a bank, building society, insurer, reinsurer,
asset manager, pension provider, investment firm, fund, payment
institution, public financial body or any other body engaged in financial
activity;
“
Integrated Rights Framework” or “the Framework” means the framework
established by
section 4
and further described in
Schedule 1
;
“
just transition” means a fair and inclusive societal transition to systems,
policies, practices and economic activity that are consistent with the
rights and duties established under this Act, having regard to the
rights, wellbeing and livelihoods of affected workers, communities
and sectors, the need to prevent and reduce ecological harm, and the
need to support restoration and regeneration of nature and social
equity;
“
Nature” means the interconnected community of living organisms,
ecosystems, habitats, species, landscapes, seascapes, geological
processes, waters, soils, atmosphere, climate systems and natural cycles,
including the evolutionary and regenerative dynamics of life on Earth;
“
Nature Guardianship Council” or "Council" means the body established
by
section 15
;
“
planetary boundaries” means scientifically-established global limits
within which humanity can operate while maintaining the stability
and resilience of Earth systems, including boundaries relating to climate
change, biosphere integrity, land-system change, freshwater change,
biogeochemical flows, ocean acidification, atmospheric aerosol loading,
stratospheric ozone depletion and novel entities;
“
public authority” means any person or body carrying out functions of
a public nature, other than a court or tribunal acting judicially, and
includes a Minister of the Crown, government department, local
authority and any body established by or under an enactment. For
the purpose of this Act ‘public authority’ does not include either House
of Parliament;
“
registered charity” means a charity registered in a register maintained
by the Charity Commission for England and Wales, the Office of the
Scottish Charity Regulator or the Charity Commission for Northern
Ireland;
“
regulator” includes any public authority exercising functions relating
to environmental protection, planning, water, land, marine
management, agriculture, forestry, fisheries, energy, infrastructure,
financial services, pensions, insurance, corporate governance, public
procurement or any other matter that may materially affect Nature;
“
Restoration Order” has the meaning set out in
Schedule 4
;
“
the rights and duties” means the rights of Nature, the Integrated Rights
Framework, the duty of care, and the procedural rights and related
obligations established by or under this Act;
“
Rights Impact Assessment” means an assessment carried out under
section 9
;
“
safe ecological limits” means the ecological thresholds, conditions and
limits necessary to maintain or restore ecological integrity and the
stability, resilience and regenerative capacity of Nature, including
planetary boundaries, Earth system boundaries and any regional, local,
sector-specific or bioregional standards adopted under this Act;
“
special ecological importance” includes ecological rarity, irreplaceability,
antiquity, biodiversity value, habitat continuity, ecological connectivity,
carbon storage, hydrological function, cultural-ecological significance,
vulnerability to harm, or importance for the maintenance or restoration
of ecological integrity;
“
Tribunal” means the Nature’s Rights Tribunal established by
section
28
;
“
United Kingdom entity” means a public authority, company, partnership,
charity, corporation, business, financial institution or other legal entity
that is registered, incorporated, headquartered, domiciled or controlled
within the United Kingdom, and includes overseas subsidiaries,
contractors or supply chains to the extent that they are subject to
material direction, control or influence from within the United
Kingdom for the purposes of this Act. For the purpose of this Act
“United Kingdom entity” does not include either House of Parliament;
References in this Act to the rights of Nature include the rights of particular
ecosystems, habitats, species communities, rivers, woodlands, wetlands,
landscapes, seascapes, soils, waters and other natural systems, whether or
not designated as Nature Designated Entities.
References to economic rights include corporate, commercial, contractual,
fiscal, investment and property rights and interests.
References to safe ecological limits include planetary boundaries, Earth system
boundaries and any regional, local, sector-specific or Bioregional standards
adopted under this Act.
The Secretary of State may by regulations make such consequential,
supplementary, incidental, procedural transitional, transitory or saving
provision as the Secretary of State considers appropriate for the purposes of,
or in consequence of giving full effect to this Act.
Regulations under
this section
may amend, repeal or revoke provision made
by or under an enactment.
The power in
subsection (2)
may be exercised only where the Secretary of
State considers the amendment, repeal or revocation necessary to—
give effect to the rights and duties established under this Act,
secure consistency with the Integrated Rights Framework,
implement the priority legislative and policy alignment programme,
remove inconsistency, duplication or uncertainty arising from this Act,
or
support effective implementation of this Act.
Before making regulations under
this section
that amend, repeal or revoke
primary legislation, the Secretary of State must consult—
the Nature Guardianship Council;
any relevant devolved administration;
relevant public authorities or regulators;
persons likely to be materially affected;
such other persons as the Secretary of State considers appropriate.
Regulations under
this section
may not remove or reduce a protection for
Nature, human health, environmental quality, public participation or access
to justice unless the Secretary of State is satisfied that the change maintains
or enhances the overall protection provided by the law.
A power to make regulations under this Act is exercisable by statutory
instrument.
Regulations under this Act may make different provision for different
purposes, persons, sectors, areas, bioregions, public authorities or UK United
Kingdom entities;
Regulations under this Act must be made consistently with—
the rights and duties established under this Act;
the Integrated Rights Framework;
ecological integrity and safe ecological limits;
the need for a just transition;
the purpose of this Act.
Regulations under this Act may not reduce the level of protection afforded
to Nature by this Act unless the Secretary of State is satisfied that the change
is necessary to secure more effective implementation of the rights and duties
established under this Act and remains consistent with the Integrated Rights
Framework.
Before making regulations under this Act, the Secretary of State must consult—
the Nature Guardianship Council;
such public authorities or regulators as the Secretary of State considers
relevant;
such persons likely to be affected as the Secretary of State considers
appropriate;
such other persons as the Secretary of State considers appropriate.
Subsection (5)
does not apply where the Secretary of State considers that
regulations must be made urgently to prevent or respond to serious,
irreversible, cumulative or systemic harm to Nature.
Where
subsection (6)
applies, the Secretary of State must publish reasons for
proceeding without consultation.
A statutory instrument containing regulations under any of the following
provisions may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament—
section 15 , so far as establishing the Nature Guardianship Council;
section 17 , so far as establishing Bioregional Councils;
section 28 , so far as establishing the Nature’s Rights Tribunal;
section 33 , so far as prescribing criminal offences or penalties;
section 46
, so far as making consequential amendments to primary
legislation;
any other provision where regulations amend or repeal primary
legislation.
A statutory instrument containing any other regulations under this Act is
subject to annulment in pursuance of a resolution of either House of
Parliament.
Regulations made by virtue of
section 43
(6)
may be made without a draft
being approved under
subsection (1)
, but the statutory instrument containing
them must be laid before Parliament as soon as reasonably practicable after
being made, and they cease to have effect at the end of the period of 40 days
beginning with the day on which the statutory instrument is made unless,
during that period, the instrument is approved by a resolution of each House
of Parliament.
In calculating the period of 40 days for the purposes of
subsection (3)
, no
account is to be taken of any time during which Parliament is dissolved or
prorogued, or during which both Houses of Parliament are adjourned for
more than four days.
This Act extends to England and Wales, Scotland and Northern Ireland.
Regulations under this Act may make provision for the application, adaptation
or commencement of provisions in relation to Scotland, Wales or Northern
Ireland.
Before making regulations under this Act that contain provision within
devolved competence, the Secretary of State must consult the relevant devolved
administration.
Nothing in this Act prevents a devolved administration or legislature from
providing stronger protection for Nature than is provided by this Act.
There is to be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State under or by virtue
of this Act;
any increase attributable to this Act in the sums payable under any
other Act out of money so provided.
On the day on which this Act is passed—
this Part comes into force;
the other provisions in this Act come into force for the purpose of
making regulations;
section 1 (purpose) comes into force.
The remaining provisions of this Act come into force on such day or days as
the Secretary of State may by regulations appoint.
Regulations under
subsection (2)
may appoint different days for different
purposes, provisions, persons, sectors, areas, bioregions, public authorities or
United Kingdom entities.
The Secretary of State must exercise the power in
subsection (2)
with a view
to securing the phased and effective implementation of this Act.
The Secretary of State must publish an implementation timetable within six
months of the day on which this Act is passed.
The implementation timetable must set out the expected dates for the
commencement of the principal provisions of this Act, including provisions
relating to—
the Nature Guardianship Council;
Rights Impact Assessments;
reporting obligations;
Bioregional Councils;
Nature Designated Entities;
the Tribunal;
incentives and regenerative transition support;
the priority legislative and policy alignment programme.
This Act binds the Crown.
This Act may be cited as the Nature's Rights Act 2026.
The Framework is to be applied so as to promote right-relationship between
Nature, people and the economy.
Right-relationship includes—
recognition of interdependence;
respect for ecological limits;
prevention of harm;
restoration and regeneration where harm has occurred;
reciprocity between human activity and the living systems that
sustain it;
fair treatment of affected communities;
protection of future generations;
non-adversarial and restorative approaches to conflict wherever
appropriate.
The Framework is intended to reduce avoidable conflicts between rights
by clarifying the legal relationship between Nature, people and economic
activity.
No Sustainable Development Goal, target or indicator is to be pursued in
a manner that undermines ecological integrity, safe ecological limits or the
rights and duties established under this Act.
The Framework is intended to support development that is regenerative,
restorative and consistent with the conditions for life.
Economic activity is to be interpreted as a means of supporting human
wellbeing within ecological limits, not as an end overriding the rights and
duties established under this Act.
In applying this Act, regard must be had to whether economic activity—
supports or undermines ecological integrity;
respects safe ecological limits;
prevents, reduces or externalises ecological harm;
supports restoration and regeneration;
contributes to a just transition;
serves the public good.
Property rights and corporate rights are to be respected and protected
within the Framework.
Such rights must be exercised in a manner consistent with the rights and
duties established under this Act.
In applying this Act, decision-makers must not treat ownership, investment,
corporate status or financial interest as conferring a right to cause serious,
irreversible, cumulative or systemic harm to Nature.
Nothing in this Schedule prevents lawful use of land, property or corporate
assets where that use is compatible with the rights and duties established
under this Act.
The Framework applies to—
regulation;
public administration;
planning and development;
environmental regulation and permitting;
fiscal policy, public spending, taxation, procurement and subsidies;
banking, credit, lending, investment, insurance, pensions and
financial regulation;
corporate governance, reporting and fiduciary decision-making;
public and private operational decision-making by United Kingdom
entities;
dispute resolution, enforcement and adjudication;
any other matter that may materially affect Nature.
The Framework must be applied in a manner that is proportionate to the
nature, scale and significance of the decision or activity concerned.
The Framework is to be applied with regard to the ecological realities of
each bioregion or other area of implementation.
In applying the Framework at bioregional or local scale, regard must be
had to—
ecological integrity;
ecological connectivity;
watersheds, catchments, landscapes and seascapes;
local ecological conditions and resource limits;
cultural-ecological relationships;
affected communities;
restoration and regenerative capacity;
cumulative and systemic effects.
The Nature Guardianship Council may issue guidance on the interpretation
and application of this Schedule.
This Schedule identifies priority areas for review and alignment under
section 7.
The purpose of the review and alignment programme is to ensure that
existing law, policy, regulation and administrative practice are progressively
aligned with the rights and duties established under this Act and the
Integrated Rights Framework.
The programme must consider law, policy and practice relating to—
town and country planning;
nationally significant infrastructure;
spatial development strategies;
local plans and development plans;
environmental assessment in planning;
permitted development;
planning conditions and obligations;
development consent orders;
building control where relevant to Nature;
biodiversity net gain and nature recovery requirements;
any other planning matter that may materially affect Nature.
The programme must consider law, policy and practice relating to—
environmental permitting;
pollution control;
waste;
water quality;
air quality;
soil health and contamination;
chemicals and novel entities;
environmental monitoring;
enforcement powers;
environmental sanctions;
restoration and remediation duties.
The programme must consider law, policy and practice relating to—
rivers, streams and catchments;
floodplains and wetlands;
groundwater;
water abstraction;
sewage and wastewater;
agricultural and industrial runoff;
coastal and marine ecosystems;
estuaries;
fisheries and aquaculture;
flood risk management;
catchment-based governance;
river restoration;
local authority powers and byelaws affecting water bodies.
The programme must consider law, policy and practice relating to—
biodiversity duties;
protected sites;
species protection;
habitats;
local nature recovery strategies;
nature recovery networks;
ecological connectivity;
restoration and regeneration duties;
invasive non-native species;
ecological monitoring;
cumulative effects on biodiversity.
The programme must consider law, policy and practice relating to—
forestry;
woodland creation;
ancient woodland;
veteran trees;
hedgerows;
tree protection;
felling licences;
plantation forestry;
natural regeneration;
woodland biodiversity;
soil, fungal and hydrological systems associated with woodland;
ecological continuity and irreplaceability;
restoration of degraded woodland ecosystems.
The programme must consider law, policy and practice relating to—
agriculture;
soil health;
land drainage;
pesticides and fertilisers;
nutrient management;
livestock systems;
regenerative agriculture;
fisheries;
upland management;
peatlands;
moorlands;
common land;
land management schemes;
transition support for farmers, fishers and land managers.
The programme must consider law, policy and practice relating to—
climate mitigation;
climate adaptation;
energy generation and transmission;
fossil fuel extraction and infrastructure;
renewable energy infrastructure;
transport infrastructure;
industrial strategy;
carbon budgets;
carbon markets and offsets;
nature-based solutions;
climate resilience;
the interaction between climate action and ecological integrity.
The programme must consider law, policy and practice relating to—
public procurement;
public contracts;
subsidies;
grants;
tax reliefs;
guarantees;
public investment;
public-private partnerships;
spending reviews;
value-for-money assessments;
natural capital and ecological accounting;
harmful subsidies;
regenerative transition support.
The programme must consider law, policy and practice relating to—
banking;
credit and lending;
investment;
asset management;
insurance and reinsurance;
pensions;
fiduciary duties;
stewardship;
financial reporting;
financial risk;
prudential regulation where relevant;
transition planning;
disclosure of ecological dependencies, impacts and risks;
capital allocation to ecologically harmful or regenerative activities;
systemic ecological risk.
The programme must consider law, policy and practice relating to—
directors’ duties;
company reporting;
sustainability reporting;
due diligence;
parent company responsibility;
supply chains;
overseas subsidiaries and contractors;
procurement by UK United Kingdom entities;
environmental and social responsibility policies;
transition planning;
corporate risk management;
liability for serious ecological harm.
The programme must consider law, policy and practice relating to—
local authority powers;
byelaws;
local nature recovery;
community governance;
parish, town and community councils;
combined authorities;
local environmental enforcement;
community participation;
public-interest applications for Nature Designated Entities;
local rights of rivers, woodlands or other natural systems;
model byelaws or local implementation guidance.
The alignment programme must consider law, policy and practice relating
to—
environmental information;
consultation;
participation by affected communities;
participation by children and young people;
access to justice;
costs protection;
public-interest standing;
legal aid and legal assistance;
community representation;
procedural fairness;
non-adversarial dispute resolution.
The alignment programme must consider law, policy and practice relating
to—
devolved competence;
cross-border ecosystems;
river basins and catchments crossing administrative boundaries;
marine and coastal areas;
shared environmental monitoring;
cooperation between administrations;
international obligations;
implementation in respect of reserved and devolved matters.
The Secretary of State must keep the priority areas in this Schedule under
review.
The Secretary of State may by regulations amend this Schedule to add,
remove or vary priority areas, provided that any amendment is consistent
with the rights and duties established under this Act and the Integrated
Rights Framework.
Before amending this Schedule, the Secretary of State must consult the
Nature Guardianship Council and such other persons as the Secretary of
State considers appropriate.
Guidance, standards and codes of practice issued under this Act are
intended to support the practical implementation of the rights and duties
established under this Act and the Integrated Rights Framework.
The Nature Guardianship Council must issue guidance about Rights Impact
Assessments, including regarding—
screening criteria;
proportionality;
scope and methodology;
assessment of direct, indirect, cumulative, transboundary and
systemic effects;
assessment of ecological integrity and safe ecological limits;
assessment of human rights, affected communities and future
generations;
assessment of economic, corporate and property rights within the
Framework;
assessment of alternatives;
prevention, mitigation, restoration and regenerative measures;
publication and consultation;
independent verification where appropriate;
integration with existing environmental assessments;
review and monitoring.
Guidance may make provision about—
ecological indicators;
ecological baselines;
thresholds of serious, irreversible, cumulative or systemic harm;
ecological connectivity;
biodiversity, abundance and resilience;
soil health;
hydrological function;
climate regulation;
nutrient cycles;
pollution and contamination;
novel entities;
ecosystem restoration;
regenerative capacity;
scientific uncertainty.
The Nature Guardianship Council may issue sector-specific guidance for
sectors or systems with significant ecological dependencies, impacts or
risks, including—
agriculture;
fisheries and aquaculture;
forestry and woodland management;
water and wastewater;
energy;
transport;
infrastructure;
construction and development;
mineral extraction;
manufacturing;
chemicals;
waste;
retail and supply chains;
public procurement;
banking, credit and lending;
investment and asset management;
insurance and reinsurance;
pensions;
financial reporting;
corporate governance;
tourism and recreation;
digital infrastructure where relevant;
such other sectors as the Nature Guardianship Council considers
appropriate.
Guidance relating to banking, finance, investment, insurance, pensions and
related financial activities may address—
ecological dependencies, impacts and risks;
systemic ecological risk;
capital allocation;
credit and lending decisions;
underwriting;
investment strategy;
stewardship and engagement;
fiduciary decision-making;
transition planning;
financial reporting and disclosure;
treatment of long-term ecological harm;
phasing down support for activities inconsistent with the rights and
duties established under this Act;
support for regenerative and restorative activities;
public finance, guarantees, subsidies and procurement;
any other matter relevant to alignment with the rights and duties
established under this Act.
The Nature Guardianship Council must issue guidance about Nature
Designated Entities, including regarding—
applications;
consultation;
criteria for designation;
special ecological importance;
rarity, irreplaceability, antiquity, vulnerability and regenerative
capacity;
mapping and description of proposed entities;
interaction with existing protected area and conservation regimes;
representation and guardianship arrangements;
monitoring and reporting;
variation and revocation;
appeals;
safeguards against ownership transfer, public access implications
or unauthorised control of land or water.
The Nature Guardianship Council may issue guidance in relation to
bioregions or bioregional implementation areas about—
identifying bioregions or bioregional implementation areas;
ecological coherence;
administrative workability;
catchments, watersheds, landscapes and seascapes;
ecological connectivity;
cumulative and systemic effects;
Bioregional Councils;
Bioregional Implementation Plans;
cooperation between public authorities;
cross-boundary ecosystems;
community participation;
local ecological knowledge;
monitoring and reporting.
The Nature Guardianship Council may issue guidance about reporting
under this Act, including—
reporting thresholds;
report content;
governance disclosures;
ecological impacts;
ecological dependencies and risks;
overseas activities, subsidiaries, contractors and supply chains;
finance, investment, lending, insurance and treasury practices;
restoration and regenerative measures;
progress against implementation plans;
verification;
publication;
simplified reporting for smaller entities;
avoidance of duplicative reporting.
The Nature Guardianship Council may issue guidance about training and
capacity-building in relation to the provisions of this Act for—
public authorities;
regulators;
courts and tribunals;
legal professionals;
United Kingdom entities;
financial institutions;
local authorities;
Bioregional Councils;
communities and civil society organisations;
educational institutions;
farmers, fishers and land managers;
such other persons as the Nature Guardianship Council considers
appropriate.
The Nature Guardianship Council may act to support public awareness
of—
the rights of Nature;
the Integrated Rights Framework;
the duty of care;
public participation rights in relation the provisions of this Act;
access to information in relation the provisions of this Act;
Nature Designated Entities;
local and bioregional implementation;
restoration and regeneration;
non-adversarial dispute resolution in relation the provisions of this
Act.
A person exercising functions under this Act must have regard to relevant
guidance, standards and codes of practice issued under this Act.
A failure to comply with guidance, standards or a code of practice does
not of itself make a person liable to civil or criminal proceedings, but may
be taken into account by a court, tribunal, public authority, regulator, the
Nature Guardianship Council or a Bioregional Council where relevant.
Compliance with guidance, standards or a code of practice may be taken
into account in determining whether a person has complied with the duty
of care.
Sanctions, remedies and enforcement measures under this Act are to be
applied for the purpose of—
preventing harm to Nature;
securing compliance with the rights and duties established under
this Act;
restoring ecological integrity where harm has occurred;
supporting regeneration;
preventing recurrence of harm;
promoting accountability;
supporting a just transition;
ensuring that remedies benefit nature and affected communities so
far as practicable.
Sanctions and enforcement measures must be effective, proportionate and
dissuasive.
A restoration order may require a person to take specified steps to restore
ecological harm.
A restoration order may include requirements relating to—
habitat restoration;
pollution removal or reduction;
soil restoration;
water quality improvement;
hydrological restoration;
rewilding or natural regeneration where appropriate;
species recovery;
removal or modification of harmful infrastructure;
monitoring and reporting;
independent ecological verification;
community participation;
such other measures as may be necessary to restore ecological
integrity.
A restoration order must, so far as practicable, be based on appropriate
ecological expertise.
A regeneration order may require a person to take steps that go beyond
remediation of past harm where such steps are necessary or appropriate
to support ecological recovery, resilience or regenerative capacity.
A regeneration order may include requirements relating to—
long-term ecosystem recovery;
ecological connectivity;
biodiversity abundance;
soil, water, climate or nutrient functions;
resilience to climate change;
support for Nature Designated Entities;
community-led restoration;
any other measure consistent with the rights and duties established
under this Act.
A compliance plan or transition plan under this paragraph may include—
assessment of current non-alignment;
steps to prevent or reduce harm;
operational changes;
investment or procurement changes;
finance or insurance changes;
restoration or regenerative measures;
timeframes;
monitoring and reporting;
governance arrangements;
public participation where appropriate;
independent verification.
The Tribunal may grant an injunction or interim injunction to prevent or
restrain an actual or threatened breach of the rights and duties established
under this Act.
Interim relief may be granted where there is a risk of serious, irreversible,
cumulative or systemic harm to Nature.
In deciding whether to grant interim relief, the Tribunal must have regard
to—
the precautionary principle;
ecological integrity;
safe ecological limits;
urgency;
proportionality;
the need for a just transition;
the likely consequences of granting or refusing relief.
The Secretary of State may by regulations provide for financial penalties
for breaches of requirements under this Act.
Financial penalties must be proportionate to—
the seriousness of the breach;
the ecological harm or risk;
whether the harm is serious, irreversible, cumulative or systemic;
whether the breach was intentional, reckless, negligent or repeated;
the financial benefit obtained;
the financial capacity of the person responsible;
steps taken to prevent, mitigate or remedy harm;
cooperation with non-adversarial resolution or enforcement
processes;
any other relevant matter.
Regulations may provide for proceeds of financial penalties to be applied
to restoration, regeneration, monitoring, public participation or access to
justice in relation to the provisions of this Act.
Where authorised by regulations or another enactment, enforcement
measures may include—
temporary restriction of an activity;
suspension of an activity;
modification of operating conditions;
referral to a permitting authority;
recommendation for suspension, variation or revocation of a licence,
permit or consent;
enhanced monitoring;
independent audit;
such other measures as may be appropriate.
Measures under this paragraph must be proportionate to the breach or risk
concerned.
Regulations may require persons undertaking activities with significant
ecological risk to provide environmental bonds, insurance, guarantees or
other financial assurance.
Financial assurance under this paragraph may be used to secure—
restoration,
remediation,
monitoring,
long-term stewardship,
emergency response,
compliance with a restoration or regeneration order, or
such other purpose as may be prescribed.
Regulations under this paragraph must have regard to proportionality and
the need for a just transition.
Where direct restoration of ecological harm is not possible, the Tribunal
may order measures that provide ecological benefit of equivalent or greater
value, provided that such measures are consistent with the Integrated Rights
Framework.
Measures under this paragraph must not be treated as permitting avoidable
ecological harm.
The Tribunal must have regard to the need to avoid inappropriate reliance
on offsetting or compensation where prevention or direct restoration is
reasonably practicable.
The Secretary of State may by regulations make provision for liability of
officers, directors, partners, trustees, managers or persons exercising
decision-making control where a breach of this Act by a legal entity is
attributable to their consent, connivance or neglect.
Liability under this paragraph must be limited to serious, intentional,
reckless, knowing, repeated or negligent breaches, as prescribed by the
regulations.
The regulations may provide for—
financial penalties;
disqualification from relevant management roles;
restoration or compliance obligations;
training requirements;
community or restorative measures;
such other measures as may be appropriate.
The Tribunal may require or approve restorative justice measures where
appropriate.
Restorative justice measures may include—
participation in ecological restoration;
community-led restoration projects;
apology or acknowledgment of harm;
contribution to restoration funds;
support for affected communities;
education or training;
long-term stewardship commitments;
such other measures as may support restoration, regeneration,
accountability or reconciliation.
The Secretary of State may by regulations establish one or more funds to
support restoration, regeneration, monitoring, public participation or access
to justice under this Act.
A fund may receive money from—
financial penalties;
voluntary contributions;
public funding;
court or Tribunal orders;
environmental bonds or guarantees;
grants;
such other sources as may be prescribed.
A fund must be administered consistently with the rights and duties
established under this Act and the Integrated Rights Framework.
The regulations may make provision about governance, transparency,
reporting, audit and use of money held in a fund.
The Secretary of State may by regulations provide for enforcement
undertakings.
An enforcement undertaking is a written undertaking by a person to take
specified action to remedy or prevent a breach of the rights and duties
established under this Act.
An enforcement undertaking may include commitments relating to—
cessation or modification of an activity;
restoration or regeneration;
compensation for ecological harm where appropriate;
monitoring;
reporting;
governance changes;
community participation;
finance or procurement changes;
training;
any other matter consistent with the rights and duties established
under this Act.
The Secretary of State may by regulations require publication of enforcement
notices, undertakings, Tribunal orders, penalties and compliance outcomes.
Publication under this paragraph must have regard to transparency, public
interest, commercial confidentiality, data protection and fairness.
Enforcement action under this Act does not prevent enforcement action
under another enactment or rule of law.
A court, tribunal, regulator or public authority may take account of action
taken under this Act when determining whether further enforcement action
is appropriate.
The Nature Guardianship Council and relevant regulators must seek to
avoid unnecessary duplication while ensuring effective protection of Nature.
The Nature Guardianship Council may issue guidance on the application
of this Schedule.
A
bill
to
Recognise Nature as a legal subject; establish and protect the rights of Nature; establish a legal duty of care for public bodies, businesses, and individuals; provide procedural rights for the protection of Nature; establish an Integrated Rights Framework; establish mechanisms for dispute resolution and legal enforcement; make provision about Parliamentary scrutiny; establish a Nature Guardianship Council and Bioregional Councils; establish a Nature’s Rights Tribunal; create a governance structure for implementation and integration; provide for phased implementation and periodic review; ensure compliance with international environmental obligations; promote public awareness and education; and for connected purposes.
Ordered to be Printed, .
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