A government-run consultation on the implementation of due diligence provisions in the Environment Act to tackle illegal deforestation in UK supply chains has opened today, Friday, December 3.

Running for 14 weeks, it will close at 11:59p.m on March 11, 2022.

The due diligence provisions will make it illegal for larger businesses operating in the UK to use key forest risk commodities produced on land illegally occupied or used, or commodities not produced in line with relevant local laws. This could include commodities like cocoa, beef, soy, coffee, maize and palm oil.

Businesses in scope will also be required to undertake a due diligence exercise on their supply chains and to report on this exercise annually.

Information on these businesses’ due diligence will be published in order to maintain transparency. Businesses that do not comply may be subject to fines and other civil sanctions.

Secondary legislation is required to implement these provisions, and the government will publish guidance to businesses on how to comply with regulations.

The consultation with seek views regarding the following areas of the due diligence provisions:

  • Which forest risk commodities should be brought under initial regulations;
  • Which businesses should be in scope of the regulations;
  • How businesses should conduct due diligence exercises to identify, assess and mitigate risk; and what information should be included in their annual reports;
  • What elements of business reports should be made public;
  • How the enforcement authority will monitor and ensure compliance with regulations.

Launching the consultation, international environment minister Lord Goldsmith said:

“Our forests not only have a vital role in cooling the planet, they are a source of clean air and water, home to indigenous communities and some of the most precious biodiversity on earth – protecting them is essential to our survival.

Now the Environment Act has passed into law, we have the opportunity to shape these due diligence measures so we are effectively tackling key drivers of deforestation.

“Alongside introducing these world leading measures, we intend to ensure the global coalition that we brought together last month under the UK presidency at COP26 to commit to halt and reverse deforestation by 2030 becomes reality.”

Those who wish to share their views can do so online, via the Department for Environment, Food and Rural Affairs website, by post, or by email to: [email protected].