Recommendation 19

The Committee accepts that some stakeholders supported the absence of a defence of carrying out permitted activities. However, many operators, regulators and local authorities warned that this creates significant legal uncertainty, with potential chilling effects on regulatory decision-making and major developments. The Committee therefore recommends that the Bill be amended to provide for a defence based on carrying out licensed activities, including the position of operators acting competently within authorisations and of regulators and consenting authorities exercising statutory functions in an appropriate manner.