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Paragraph 2 Prohibited land categoriesF1

Land with a high biodiversity value that had one of the following statuses in or after January 2008, whether or not the land continues to have that status—

(a)

primary forest or other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;

(b)

land not falling within sub-paragraph (a) which is, or which has been identified as, highly biodiverse forest or other wooded land that is species-rich and not degraded, unless—

(i)

the land is designated for nature protection purposes; and

(ii)

evidence is provided that satisfies the Administrator that the production of the relevant feedstock did not interfere with the purposes for which the land is designated for nature protection purposes;

(c)

land not falling within sub-paragraphs (a) or (b) which is designated for nature protection purposes, including for the protection of rare, threatened or endangered ecosystems or species, unless evidence is provided that satisfies the Administrator that the production of the relevant feedstock did not interfere with the purposes for which the land is designated for nature protection purposes;

(d)

highly biodiverse grassland spanning more than one hectare that is—

(i)

natural grassland that would remain as grassland and that maintains its natural species composition and ecological characteristics and processes in the absence of human intervention; or

(ii)

non-natural grassland that would cease to be grassland in the absence of human intervention and that is species-rich and not degraded and which has been identified as being highly biodiverse, unless evidence is provided that satisfies the Administrator that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.

Annotations

Textual amendments

F1

Schs. 2, 3 inserted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 14 (with art. 16)