Planning and Infrastructure Act 2025
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Change 1
77 Use of nature restoration levy
(1) Nature restoration levy regulations must require Natural England to spend money received by virtue of the nature restoration levy on conservation measures that relate to the environmental feature in relation to which the levy is charged (see section 62(2)). (2) The regulations may specify— (a) conservation measures that may be, or may not be, funded by the nature restoration levy; (b) maintenance and operational activities in connection with conservation measures that may be, or may not be, funded by the levy; (c) what is to be, or not to be, treated as funding. (3) The regulations may— (a) require Natural England to prepare and publish a list of conservation measures that are to be, or may be, wholly or partly funded by the nature restoration levy; (b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination); (c) include provision about the circumstances in which Natural England may and may not spend money received by virtue of the nature restoration levy on anything not included on the list. (4) In making provision about funding, the regulations may, in particular— (a) permit money received by virtue of the nature restoration levy to be used to reimburse expenditure already incurred; (b) permit such money to be reserved for expenditure that may be incurred in the future; (c) permit such money to be used (either generally or subject to limits set by or determined in accordance with the regulations) for administrative expenses in connection with an EDP; (d) make provision for funding to extend beyond the EDP end date; (e) make provision for the giving of loans, guarantees or indemnities; (f) make provision about the use of money received by virtue of the nature restoration levy where anything for which it was to be used no longer requires funding; (g) make provision about the use of money received by virtue of the nature restoration levy in a case where the EDP under which the levy was paid is revoked. (5) The regulations may— (a) require Natural England to account separately, and in accordance with the regulations, for any money received or due by virtue of the nature restoration levy; (b) require Natural England to monitor the use made and to be made of such money; (c) require Natural England to report on actual or expected charging, collection and use of money received by virtue of the nature restoration levy; (d) permit or require Natural England to pass money to another public authority (and in paragraphs (a) to (c) a reference to Natural England includes a reference to a person to whom Natural England passes money in reliance on this paragraph).
77 Use of nature restoration levy
(1) Nature restoration levy regulations must require Natural England to spend money received by virtue of the nature restoration levy on conservation measures that relate to the environmental feature in relation to which the levy is charged (see section 62(2)). (2) The regulations may specify— (a) conservation measures that may be, or may not be, funded by the nature restoration levy; (b) maintenance and operational activities in connection with conservation measures that may be, or may not be, funded by the levy; (c) what is to be, or not to be, treated as funding. (3) The regulations may— (a) require Natural England to prepare and publish a list of conservation measures that are to be, or may be, wholly or partly funded by the nature restoration levy; (b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination); (c) include provision about the circumstances in which Natural England may and may not spend money received by virtue of the nature restoration levy on anything not included on the list. (4) In making provision about funding, the regulations may, in particular— (a) permit money received by virtue of the nature restoration levy to be used to reimburse expenditure already incurred; (b) permit such money to be reserved for expenditure that may be incurred in the future; (c) permit such money to be used (either generally or subject to limits set by or determined in accordance with the regulations) for administrative expenses in connection with an EDP; (d) make provision for funding to extend beyond the EDP end date; (e) make provision for the giving of loans, guarantees or indemnities; (f) make provision about the use of money received by virtue of the nature restoration levy where anything for which it was to be used no longer requires funding; (g) make provision about the use of money received by virtue of the nature restoration levy in a case where the EDP under which the levy was paid is revoked. (5) The regulations may— (a) require Natural England to account separately, and in accordance with the regulations, for any money received or due by virtue of the nature restoration levy; (b) require Natural England to monitor the use made and to be made of such money; (c) require Natural England to report on actual or expected charging, collection and use of money received by virtue of the nature restoration levy; (d) permit or require Natural England to pass money to another public authority (and in paragraphs (a) to (c) a reference to Natural England includes a reference to a person to whom Natural England passes money in reliance on this paragraph).
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