Zeroing in on Environmental Targets
The Government has issued a flurry of papers and announcements on its plans to boost nature recovery as it seeks to find ways to reach its “30 by 30” target to protect 30% of the land and sea by 2030.
The announcements made on 16th March 2022 included two consultations which are both open for comment until 11th May 2022:
The Nature Recovery Green Paper: Protected Sites and Species consultation sets out radical proposals to overhaul the legal and regulatory framework for protected sites and species in England.
The Consultation on Environmental Targets seeks views on proposed targets for biodiversity, water quality, tree cover, waste reduction and air quality.
A Policy Paper Nutrient Pollution: reducing the impact on protected sites was published on the same day. It concerns the rapidly escalating issue of nutrient neutrality, which will be the subject of a separate Tellus Nat Cap blog.
On 28th March the Government launched two more consultations on measures to tackle air quality pollution, an issue which continues to rise up the policy agenda.
NATURE RECOVERY GREEN PAPER
The Nature Recovery Green Paper sets out a range of quite radical proposals to overhaul the legal and regulatory framework for protected sites and species in England to create a bespoke system now that we are outside of the EU.
For protected sites (SSSIs, SPAs, SACs, Ramsar Sites, National and Local Nature Reserves etc) the Green Paper seeks views on
Replacing the current designation system with 2 categories:
“Protected Sites” which would have similar standing to SSSIs, SCAs and SPAs
“Highly Protected Sites” for a limited number of sites of the highest international importance.
Ways to boost nature recovery on protected sites on land and at sea.
A move away from a focus on process and towards more reliance on expert scientific judgment by case officers.
More use of formal Site Improvement Plans to deliver improved condition for protected sites.
Reform of both Environmental Impact Assessment and Strategic Environmental Assessment processes, which will require primary legislation.
Establishing priority areas for woodland creation.
The introduction of a potential new duty to protect nature and promote biodiversity in the nation’s forests.
Comment:
Simplifying the designation system and reducing the number of overlapping designations should reduce bureaucracy and make it easier to communicate the importance of protected sites to stakeholders and the general public.
While a move from a focus on process to more reliance on scientific judgment is to be broadly welcomed, it will remain important to ensure that a consistent approach is taken by case officers faced with similar circumstances. There must be oversight of decision-making and a right to challenge decisions.
For protected species the Green Paper sets out proposals for
Reforming the law to consolidate legislation on protection, licensing, enforcement and penalties for wildlife crime.
Introducing a tiered approach to species protection:
Tier 1: Minimum management standards
Tier 2: Protected species
Tier 3: Highly protected species, which could include protection for associated habitats.
Comment: Reform of wildlife law is long overdue, but it will be important for land managers in a wide variety of different positions to feed in their views to the consultation so that the resulting framework recognises the need for active management of wildlife populations in different contexts and particularly where there are clashes with other land uses and human activity.
Delivery – In order to deliver this new framework, the Green Paper proposes to review the Arm’s Length Bodies which deliver Defra’s policies on the ground with a view to consolidating, reducing duplication and updating their duties. It will also explore opportunities for more effective cost recovery so that those using the services of some of those Arm’s Length Bodies may have to pay for advice or for costs incurred in enforcement activity.
Financing Nature Recovery – The paper includes fairly vague commitments to support the emerging private sector markets to develop clear principles, standards and governance arrangements for the private financing of nature recovery.
Comment: This work is, in our view, much needed to give confidence to investors and land managers alike, but the paper lacks detail on exactly what the Government proposes to do.
The consultation period for the Nature Recovery Green Paper closes on 11th May 2022. Responses can be submitted online at https://consult.defra.gov.uk/nature-recovery-green-paper/nature-recovery-green-paper/
ENVIRONMENTAL TARGETS CONSULTATION
Legally binding environmental targets are a new requirement under the Environment Act 2021. This consultation paper seeks views on proposed targets for biodiversity, water quality, tree cover, waste reduction and air quality.
Comment: The setting of these targets will drive policy initiatives to enable the Government to reach them, potentially including financial incentives or other support to engage the private sector in delivering solutions, which are very likely to include Nature Based Solutions.
The water quality targets will bring a renewed focus on agriculture to reduce diffuse pollution from nitrates and phosphates, which could create opportunities for more nutrient trading and credit schemes, for example.
The air quality targets might lead to new incentives for more trees and vegetation to be grown in and close to built-up areas and roads.
The target to create or restore 0.5 million ha of wildlife rich habitat outside protected areas looks ambitious, but should be read in the context of over 3.6 million ha already being in agri-environment schemes in England.
The targets proposed in the consultation are:
Biodiversity targets
Increase species abundance by at least 10% by 2042, compared to 2030 levels.
Improve the England-level GB Red List Index for species extinction risk by 2042, compared to 2022 levels.
Create or restore in excess of 500,000 hectares of a range of wildlife-rich habitats outside protected sites by 2042, compared to 2022 levels.
70% of the designated features in the Marine Protected Areas network to be in favourable condition by 2042, with the remainder in recovering condition, and additional reporting on changes in individual feature condition.
Water quality and availability targets
Abandoned metal mines target: Reduce the length of rivers and estuaries polluted by target substances from abandoned mines by 50% by 2037 against a baseline of around 1,500km.
Nutrient targets: to address the two principal sources of nutrient pollution by 2037:
Reduce nitrogen, phosphorus and sediment pollution from agriculture to the water environment by at least 40% by 2037 against a 2018 baseline.
Reduce phosphorus loadings from treated wastewater by 80% by 2037 against a 2020 baseline.
Water demand: Reduce the use of public water supply in England per head of population by 20% by 2037 against a 2019/20 baseline.
Tree cover target: Increase tree canopy and woodland cover from 14.5% to 17.5% of total land area in England by 2050.
Resource efficiency and waste reduction target: Reduce residual waste (excluding major mineral wastes) kg per capita by 50% by 2042 from 2019 levels.
Air quality targets
Annual Mean Concentration Target (‘concentration target’) – a target of 10 micrograms per cubic metre (µg m-3) to be met across England by 2040.
Population Exposure Reduction Target (‘exposure reduction target’) – a 35% reduction in population exposure by 2040 (compared to a base year of 2018).
The consultation period for the Environmental Targets consultation closes on 11th May 2022. Responses can be submitted online at https://consult.defra.gov.uk/natural-environment-policy/consultation-on-environmental-targets/
Tellus Natural Capital can advise on and assist with the preparation of consultation responses on behalf of individuals or organisations. Contact Kate Russell at kate@tellusnatcap.com for more information.
29th March 2022