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Section 3A Use of land in connection with renewable electricity projectsF1F2

England and Wales

(1)

The Commissioners may—

(a)

use, or enter into arrangements in connection with the use of, English forestry land for the generation, storage, transmission or supply of renewable electricity;

(b)

sell, or enter into other arrangements concerning, renewable electricity generated, stored or supplied on, or transmitted across, English forestry land;

(c)

use, or enter into arrangements in connection with the use of, English forestry land for activity that—

(i)

is intended to satisfy, or enable the satisfaction of, a relevant condition of development (whether existing or contemplated), or

(ii)

otherwise arises in connection with such a condition.

(2)

For the purposes of subsection (1)(c), a relevant condition of development is a condition of development that—

(a)

relates to renewable electricity development located wholly or partly on English forestry land, and

(b)

is intended to benefit the natural environment of land.

(3)

The exercise of the powers in subsection (1) for either of the following purposes is to be taken to be consistent with the Commissioners’ general duty under section 1(2)—

(a)

facilitating or promoting the use of renewable electricity;

(b)

obtaining funds for meeting the expenses referred to in section 41(2).

(4)

When the Commissioners are considering the exercise of those powers, section 1(3A) applies as if it included a further paragraph referring to those purposes.

(5)

In this section—

  • “condition of development” means—

    1. (a)

      a condition to which planning permission is subject, or

    2. (b)

      a requirement contained in an order granting development consent under the Planning Act 2008 (development consent for nationally significant infrastructure);

  • “English forestry land” means land placed at the disposal of the Commissioners under this Act;

  • “natural environment”, in relation to land, includes—

    1. (a)

      its plants, animals and other living organisms,

    2. (b)

      their habitats, and

    3. (c)

      its geological features;

  • “renewable electricity” means electricity produced from sources other than—

    1. (a)

      coal,

    2. (b)

      lignite,

    3. (c)

      peat,

    4. (d)

      natural gas, within the meaning of the Energy Act 1976,

    5. (e)

      crude liquid petroleum,

    6. (f)

      petroleum products, within the meaning of the Energy Act 1976,

    7. (g)

      any substance produced directly or indirectly from a substance within paragraphs (a) to (f),

    8. (h)

      energy derived from any substance within paragraphs (a) to (g), or

    9. (i)

      nuclear fuel;

  • “renewable electricity development” means development the main purpose of which is the generation, storage, transmission or supply of renewable electricity.

(6)

References in this section to the storage of electricity are to the storage of energy converted from electricity for the purpose of its reconversion into electricity.

Annotations

Textual amendments

F1

Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))

F2

Ss. 3A-3C inserted (18.12.2025 for specified purposes, 18.2.2026 in so far as not already in force) by Planning and Infrastructure Act 2025 (c. 34), ss. 29, 118(1)(p) (with s. 116)