Conservation covenants: what has changed?

The Environment Act 2021 introduced the concept of conservation covenant agreements in England. These are private, voluntary arrangements with conservation objectives, and to enter into such an agreement with a landowner you must be a designated responsible body.

It is now possible for organisations to apply to become a responsible body.

How to apply

In order to apply, you must complete the application form and send the form, along with your supporting information, to conservation.covenants@defra.gov.uk.

You must also include two signed declarations within your application.

Further information

It is worth remembering that your organisation may also need to meet additional requirements if you plan on entering into conservation covenant agreements in relation to specific schemes, such as future biodiversity net gain schemes or environmental land management schemes.

The Department for Environment, Food and Rural Affairs (Defra) will determine if an organisation can actually become a responsible body. They aim to respond to applications within 12 weeks. But what is the eligibility criteria?

Who is eligible to apply to become a responsible body?

To apply to become a responsible body, your organisation must be one of the following:

• A public charity or body, whose main purposes or functions at least partly relate to conservation
• A body other than a public body or charity, whose primary activities at least partly relate to conservation
• A local authority

Additionally, in relation to conservation covenants, the main purposes, functions, or activities relating to conservation must be:

• conservation or restoration of the natural environment and resources (or the setting of the land)
• conservation of places of architectural, artistic, archaeological, cultural, or historic interest (or the setting of the land)

To become a responsible body, your organisation needs to also have an operating base in the UK that ensures it can properly carry out its conservation covenant functions. The main activities to deliver conservation covenants and the people delivering them must therefore be UK-based.

There are additional financial, operational, and ongoing suitability requirements.

To remain a responsible body, your organisation must satisfy the above criteria on an ongoing basis. Additionally, if you do not inform Defra of any changes in your circumstances, then they can remove your organisation from their list of appointed responsible bodies.

If you are interested in finding out more or require advice regarding a biodiversity net gain (BNG) matter, please contact Victoria Longmore.