Section 29 Use of forestry estate for renewable electricityI1I2

In the Forestry Act 1967, after section 3 insert—

“Use of land in connection with renewable electricity projects

3A

(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.

Section 3A: power to require Secretary of State’s consent in certain cases

3B

(1)

The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A.

(2)

The cases are those where—

(a)

a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and

(b)

the capacity threshold is exceeded.

(3)

In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage.

(4)

In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that—

(a)

the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or

(b)

the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage.

(5)

An extension is “non-consented” for the purposes of subsection (4)(b) if—

(a)

it was enabled by an exercise of the Commissioners’ powers under section 3A, and

(b)

that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1).

(6)

But an extension ceases to be “non-consented” for those purposes if—

(a)

a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and

(b)

that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1).

(7)

The relevant wattage is—

(a)

5 megawatts, if the station generates electricity from wind, and

(b)

50 megawatts, if it does not.

(8)

The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed).

(9)

In calculating the relevant wattage there is to be disregarded—

(a)

in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land;

(b)

in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities.

(10)

In this section—

• “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1));

• “storage” is to be read in accordance with section 3A(6).

Regulations under section 3B: further provision

3C

(1)

Regulations under section 3B(1) may—

(a)

make provision about the process by which consent is to be sought and given or refused;

(b)

provide for consent to be given subject to conditions.

(2)

Regulations under section 3B may—

(a)

make different provision for different purposes or areas;

(b)

include consequential, incidental, supplementary, transitional or saving provision.

(3)

Regulations under section 3B are to be made by statutory instrument.

(4)

A statutory instrument containing (whether alone or with other provision) regulations under section 3B(8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)

A statutory instrument containing regulations under section 3B(1) (but not regulations under section 3B(8)) is subject to annulment in pursuance of a resolution of either House of Parliament.”