Moved by
182A: Clause 76, page 110, line 3, leave out subsections (3) to (5) and insert—
“(3) Natural England must pay another person to take conservation measures with regard to its duties under subsection (1)(b), or to monitor EDPs with regard to its duties under subsection (1)(c).(4) Before commissioning another person to take conservation measures or monitor EDPs with regard to subsection (3), Natural England must first set out which private market solutions were explored to address an environmental impact on an identified environmental feature, and why no existing and available private market solution was deemed sufficient or suitable.(5) When commissioning conservation measures or monitoring under subsection (3) with regard to subsections (1)(b) and (1)(c), Natural England must undertake an open competitive tender process.(6) Natural England cannot undertake conservation measures itself unless it can show that no individual or body is willing to undertake conservation measures on its behalf. (7) In the event that Natural England undertakes conservation measures itself, it must first attempt to purchase the land in question at market value.(8) In monitoring an EDP under subsection (1)(c) Natural England must take sufficient measures to monitor —(a) the effectiveness of the conservation measures that have been implemented, and(b) the effects of the EDP in general.(9) When commissioning monitoring with regard to subsection (1)(c), Natural England must have regard to guidance issued by the Secretary of State.”
Lord Curry of Kirkharle (CB)
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Hansard
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My Lords, I have listened very carefully to the Minister’s response. I do not think it took us forward, and it does not move us on. I am still deeply concerned about the ability of Natural England to deliver this, so I would like to test the opinion of the House.