Corporate report

Non-qualifying regulatory provisions summary report 2021 to 2022

Updated 21 December 2022

Applies to England

Non-qualifying regulatory provisions - 17 December 2021 to 16 December 2022

Excluded category[footnote 1]	Summary of measure(s), including any impact data where available
Measures certified as being below de minimis (measures with an equivalent annual net direct cost to business (EANDCB) below +/- £5 million)	During the reporting period, Natural England continued to make amendments to its wildlife licensing regime under the scope of the original SI, (the Wildlife Licence Charges Order 2018). In January 2022, NE started charges for continued registrations for class survey licences. New online ‘Qualtrics’ forms were brought in for dormouse CL10a; CL10b; white clawed crayfish CL11 and barn owl CL29. Charges for bat class survey licences started in June 2022. New online ‘Qualtrics’ forms were introduced for bat CL17, CL18, CL19, CL20. Specialist interest licences: NE intend to start charging for 5 specialist interest / sustainable use licences to sell or exhibit wildlife and to disturb birds for photography, date to be confirmed. Wildlife licence fees brought in £1.5 million for 2021 to 22. For 2022 to 23, the figure is expected to be about £1.7 million from wildlife licence charges. Charges are deemed to be below de minimis due to the relatively low costs of accessing a general licence. Charges enable reforms, for example online forms introduced for class survey licences that are easier and quicker for customers and NE and enable collection of better data on wildlife.
EU regulations, decisions and directives and other international obligations, including the implementation of the EU Withdrawal Bill and EU Withdrawal Agreement	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Measures certified as concerning EU Withdrawal Bill operability measures	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Pro-competition	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Systemic financial risk	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Civil emergencies	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Fines and penalties	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Misuse of drugs	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Measures certified as relating to the safety of tenants, residents and occupants in response to the Grenfell tragedy	Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.
Casework	Between 17 December 2021 and 16 December 2022 Natural England responded to 31,734 items of casework relating to terrestrial and marine planning consultations, and 21,667 relating to sites of special scientific interest and land management consents/assents and wildlife licences.
Education, communications and promotion	Natural England has continued to update and make minor amendments to 546 pieces of guidance on GOV.UK, covering wildlife management, protected species and protected areas in response to customer feedback and requests. It made 127 new publications available on its Access to Evidence portal. In February 2022, NE updated its approach to permitting the release of non-native game birds on protected sites. It also published the report for phase 4 catchment sensitive farming (CSF) delivery from April 2018 to March 2021 which demonstrates the partnership’s positive impact on improving water and air quality in agriculture. In May 2022, NE celebrated the 70th anniversary of the first National Nature Reserves to be declared in England. In August, the nutrient neutrality principles were published. Natural England continues to make available, free of charge, maps and geographic information through its MAGIC website as well as updating and maintaining its designated sites database.
Activity related to policy development	During the BIT reporting period, Natural England supported Defra in its ongoing consultations around wildlife management and protected species. The organisation announced catchment sensitive farming advice is now available to farmers, land managers and growers across England. 22 projects received funding through the new landscape recovery scheme. A list of priority habitats and species in England (‘Section 41 habitats and species’) for public bodies, landowners and funders to use for biodiversity conservation has also been released. The sale of peat for use in the amateur gardening sector will be banned by 2024 to protect peatlands and the natural environment, plus information about the scheme to restore English peatlands. Government plans to restore 300,000 hectares of habitat across England were released. The new schemes will support nature recovery and climate action by rewarding farmers in their local area, alongside sustainable and profitable food production. The government announced in February 2022 that the England Coast Path will be fully walkable by the end of this parliament – connecting communities from Northumberland to Cornwall. 2 marine area site packages were updated plus an announcement that the £2.5 million LIFE Recreation ReMEDIES project, led by Natural England, has now planted seagrass across a total of 3.5 hectares of seabed. It also provided 19 updates relevant to Countryside Stewardship. The NE staff organisation licence (WML-OR06) was re-issued on 1 October. It enables staff to perform duties that may otherwise constitute wildlife offences. Natural England also updated the Countryside Code with responsibilities for visitors to the countryside and those who manage the land.
Changes to management of regulator	Tony Juniper CBE has been reappointed as Chair of Natural England for a second term. Tony Juniper’s second term will be for 3 years and will run from 23 April 2022 to 22 April 2025. On 26 July 2022, Lord Benyon was appointed as Minister for rural affairs, access to nature and biosecurity. He now has overall responsibility for Natural England.

1. For detailed guidance on the exclusion categories, please see https://www.gov.uk/government/publications/better-regulation-framework ↩