CLOSING DATE FOR RESPONSES: 17 JUNE 2003

ENTRUST consultation: Biodiversity Object

In his Budget Report 2003 (paragraph 7.52) the Chancellor stated that; ‘Following
discussion with stakeholders, the Government will introduce regulations by the
summer to extend the scope of the [Landfill Tax Credit] scheme to include habitat
creation projects on land that need not have public access, in order to support
biodiversity’.

Consequently, HM Customs & Excise held a workshop on 28 May 2003 in

Manchester to which a selection of LTCS stakeholders were invited in order to
facilitate this discussion. Attendees included representatives of the HM Treasury
Environmental Taxes Team, ENTRUST, ebco, Royal Society for the Protection of
Birds, Environmental Services Association and Association of Distributive
Environmental Bodies.

ENTRUST now wishes to consult further on specific issues arising from this
workshop as described below.

Responses to this document are invited, preferably by e-mail with ‘Biodiversity

Object’ in the subject line by 17 June 2003 to:

Stephen Newton
ENTRUST
Acre House
2 Town Square
Sale
M33 7WZ
stephennewton@entrust.org.uk

Results of the HM Customs & Excise consultation

New object or change in current object

It was decided that the most straightforward approach was to draft a new object and
bring into that all activity that properly should be labelled as biodiversity. For the
purposes of this consultation it is envisaged that a new object will be drafted and
introduced alongside, and complimentary to, those that exist already.

No ring fencing of monies against the biodiversity object

Within the current landfill tax credit scheme there is no current system of ring fencing
of funds for any particular object. The decision of which projects receive funding will
remain with landfill operators and Distributive Environmental Bodies.

There was an indicative guideline set by the Government for spending of landfill tax
money against objects c and cc. These objects have now been removed and no
other guidelines exist, nor is there any current intention to introduce such guidelines.

Public access to project sites

All workshop attendees accepted that there were habitat creation and protection
activities that necessarily had to take place outside of physical public access. It is
therefore put forward in this consultation that projects undertaken under the new
object for biodiversity will not need to show evidences of general public access.
Not a ‘priority object’ and it being complementary to other objects
If the new object is given too much prominence it could suggest that the overall
direction of the successor scheme was being tilted towards biodiversity rather than
opening up the choices for landfill operators and project funders.

The new biodiversity object will not be seen as a priority object by ENTRUST and will
be seen as an additional new object to enable Biodiversity projects to be undertaken
where they were limited before by the parameters of other objects.

The ‘intent’ of the new Biodiversity Object

Biodiversity
Biological diversity or biodiversity is the living component of the natural world and
embraces all plant and animal species and communities associated with terrestrial,
aquatic and marine habitats. It also includes the genetic variation within species.
Wildlife conservation generally aims to maintain and enhance natural biodiversity

Biodiversity in the UK is well documented see:

http://www.defra.gov.uk/wildlife-countryside/ewd/ewd07.htm
http://www.ukbap.org.uk/
http://www.jncc.gov.uk/default.htm

A ‘holistic’ process
The delivery of the UK’s Biodiversity Action Plan (UK BAP) is through habitat and
species action plans at a national, regional and local level namely Biodiversity Action
Plans (BAPS) and Local Biodiversity Action Plans (LBAPS).

BAPS and LBAPS are a framework for achieving the conservation of biodiversity
based on the targeting of resources towards priority habitats and species. BAPs also
provide a means for the involvement in conservation of a wide range of private,
public, voluntary organisations and members of local communities.

BAPs can be prepared at a range of levels: country-wide (e.g. the UK Biodiversity

Action Plan), for counties (e.g. Hampshire BAP) or for recognised areas (e.g. the
National Forest BAPs), the latter are known as Local Biodiversity Action Plans. Each
action plan provides a description of the species or habitat and any threats to it. It
sets ambitious but realistic targets for recovery and lists the actions required to meet
these targets.

It is the intention of the new biodiversity object to enable active and physical delivery
of specific plan targets where species and habitats have been identified that are in
need of recovery. This would be delivered against specific plans owned by lead
organisations.
Consultation elements

Wording the new Biodiversity Object

Here is a possible way of defining the object upon which your comments are
welcome. It should be read in the context of the issues set below and is a first, not a
final, draft:

Where for the protection of the natural environment, the research, recording,
management, education and monitoring of:
(i) Species
(ii) Habitats
to a favourable condition on land that need not have public access in order to
support Biodiversity, provided the conditions in paragraph (6) below are satisfied;

(6) Landfill tax money must not be used to for work required by:
• a condition of any planning permission granted to your contributor(s) (i.e. landfill
operator or contributing third party)
• the terms of any agreement involving your contributor(s) under
– section 106 of the Town and Country Planning Act 1990
– section 75 of the Town and Country Planning Act (Scotland) 1997 or
– article 40 of the Planning (Northern Ireland) Order 1991.

The protection of the natural environment

This would include social inclusion and partnership working but the emphasis is on
projects that deliver specific targets against habitats and species on sites with a
specific geographical context.

1. Do you think this wording covers the specific protection and conservation of the
natural environment with the necessary emphasis on sites where species and
habitats occur?

Research
Would enable specific research to be undertaken on specific species and habitats as
identified in LBAPS

2. Do you think research to be a necessary part of the biodiversity action planning

process and valid for inclusion under this object where it is undertaken on specific
species or habitats at specific sites?

Recording
Would enable specific recording to be undertaken on specific species and habitats as
identified in LBAPS

3. Do you think recording of species or habitats to be a necessary part of the

biodiversity action planning process and valid for inclusion under this object?

Management
Would enable specific management plans and proposals to be undertaken on
specific species and habitats as identified in LBAPS
4. Do you think undertaking management proposals on sites to be a necessary part
of the biodiversity action planning process and valid for inclusion under this object?

Monitoring
Would enable specific monitoring to be undertaken on specific species and habitats
as identified in LBAPS

5. Do you think that monitoring species or habitats at specific sites is necessary to

deliver the UK BAP?

Education
Would enable education to be relayed on specific species and habitats as identified
in LBAPS

6. Do you think an educational element should be included in this object? If so what

would be the best way of including it to enable the results of any possible research,
recording, management and monitoring to be disseminated to individuals or
organisations and to communicate the aims of the project to the public?

Species
Are those species appearing in the UK Biodiversity Action Plan and / or any Local
Biodiversity Action Plan. Or any species designated as provisional or actual in the
‘Red Data Book’ as notified by the Joint Nature Conservancy Council or Birds of
Conservation Concern.

7. Does this definition cover those species that need to be conserved through the UK
BAP process?

Habitats
Are those appearing in the UK Biodiversity Action Plan and / or and Local Biodiversity
Action Plan and all those listed in the EU Habitats Directive in the UK

7. Does this definition cover those habitats that need to be conserved through the UK
BAP process

To a favourable condition
Referring to the condition of habitats where management prescriptions and
conservation objectives are being met. ENTRUST would expect to see your plans to
return a species or habitat to a favourable condition at the time of registration This
would be the conservation target relating to the specific site or species and be a
demonstrable outcome of any project that was to be undertaken.

8. Inclusion of this wording would ensure a deliverable target is met. Should this or
another target be included?

On land
This would mean projects would have to be linked to a specific habitat or species
identifiable in a site based geographical context and would include land and water
species and habitats.

9. Does this adequately cover the full range of possible sites that may be worked
upon through this object?
That need not have public access
General public access would not need to be demonstrated to ENTRUST.

10. Should the general public have access to sites where projects are to be
undertaken?

In order to support biodiversity

Would be the Biodiversity Action Planning process be it in England, Scotland, Wales
and Northern Ireland.

11. Your comments on this wording would be welcomed.

Other proposed parameters to the Object

Not for profit

Neither the project site nor the organisation running it must operate for the purpose of
making and distributing profit. A charge for entry or use may be made, but the
proceeds must not be treated as, or distributed as profit.

12. Your comments on this wording would be welcomed.

Geographical context
Projects should be site based and notified as such. For example where a specific
species has been identified delivery of an action plan to return that species to a
favourable condition would need to have a geographic context. Sites would not need
to be in the vicinity of landfill sites and there would be no restriction on the size of
sites as this would vary from species to species and habitat to habitat.

13. Undertaking projects on species or habitats is a method to deliver targets based

in BAPS or LBAPS. Do you agree that projects should have a site and therefore
geographical context?

Lead organisation
The Lead Partner takes responsibility for co-ordinating the work to plan, monitor and
review progress with the implementations of Species Action Plans. The Lead
Partners identify the range of organisations who wish to contribute to the
implementation of the plans and together they work to secure funding and to deliver
the actions.

Statutory Agencies, for example the Forestry Commission, English Nature and the
Environment Agency, have been identified as the Lead Agencies for steering the
implementation of the Habitat Action Plans. Many of these agencies also act as
Contact Points for the Species Action Plans. In this role they respond to many of the
general enquires made about the plan and to provide advice, assistance and
encouragement to the Lead Partners.

Projects through the Landfill Tax Credit Scheme can be put forward by environmental
bodies with a clearly identified lead partner.

14. It is suggested that the lead organisations will be the owner of the BAP or LBAP
and encouraging this approach to site based delivery will encourage partnership
working. Do you think these criteria would bring benefits?
Conservation Objectives
A quantified conservation objective. Setting such numerical targets provides a tight
focus for what the Biodiversity Action Plan is aiming to achieve. It establishes a
yardstick against which achievement of the BAP can be measured. It could be
number of breeding pairs, area of habitat increases etc.

15. The inclusion of measurable conservation objectives at the application to register

a project stage would ensure a benchmark is set for which the project can be
measured against. Would this or another method of target be most appropriate? If
another please give details.

Further issues
ENTRUST would like to invite your comments on the following areas and for you to
put forward suggestions on how best to:

16. Measure Deliverables

17. Measuring Targets (biodiversity target)

18. Methods of recording the results of projects

19. Collation and the making of information available to others

20. Does this proposed object compliment other funding streams?