Part 1 of the Act deals with the establishment of a new independent body, Natural England, which brings together the functions of English Nature, the Countryside Agency and the Rural Development Service.

Natural England will work together with other bodies such as local authorities, the Forestry Commission, the Environment Agency and English Heritage.

The Act also sets up the Commission for Rural Communities. The Commission will be (according to the explanatory note to the Act) "an independent advocate, watchdog and expert adviser for rural England."

Part 2 of the Act deals with nature conservation in the UK and continues the Joint Nature Conservation Committee (This is a committee of various organizations including English Nature who advise the government in this area. Their website can be seen at www.jncc.gov.uk)

Part 3 of the Act deals with wildlife, biodiversity, pesticide and bird nests

Part 4 deals with Sites of Special Scientific Interest. The fine for damaging a SSSI can be up to £20,000.

Part 5 is about National Parks and the Broads.

Part 6 is about rights of way. In relation to rights of way, the Act responds to a House of Lords provision – Bakewell Management Limited v Brandwood 2004 UKHL 14 which said that a right of way may arise where a mechanically propelled vehicle have used a route for 20 years, even where that use is illegal. The Act alters the law so that illegal use of a route will not create a public right of way.

This Part of the Act is aimed very much against "mechanically propelled vehicles" i.e. cars and four wheel drives. It seeks to stop the creation of new rights of way and extinguish any unrecorded rights of way.

Section 66 of the Act restricts the creation of new public rights of way for mechanically propelled vehicles. New public rights of way for mechanically propelled vehicles will only be created if they are expressly provided for or if they relate to a road intended to be used by mechanically propelled vehicles, or constructed under an enactment.

Section 67 extinguishes unrecorded rights of way for mechanically propelled vehicles.

Section 69 amends section 31 of the Highways Act 1980. The section applies to applications under section 53(5) of the Wildlife and Countryside Act 1981 to modify the definitive map and statement so as to show a right of way. The period of use is calculated by reference to the time when the right of the public to use the way is brought into question.

Part 7 deals with inland waterways.

Part 8 is about flexible administrative agreements between government and designated bodies.

Part 9 is miscellaneous

Part 10 is final provisions.

There are 12 Schedules which deal with the constitution of Natural England, the Joint Nature Conservation Committee, amendments to various Acts and other matters.

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Councillor Malcolm Johnson - August 2007