Environment (Dark Sky Protection) Bill

A

BILL

TO

allow for the formation of dark sky parks; and to provide for the management of dark sky parks; and to allow for the formation of dark sky zones in regions surrounding observatories; to provide for the management of dark sky zones and for connected purposes

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1

Dark Sky Parks

Section 1: Dark Sky Parks

(1) The provisions of this Part of this Act shall have effect for the purpose of—

(a) conserving and protecting the dark skies of the areas designated by an order made under this section;

(b) promoting understanding and enjoyment of the dark skies offered by those areas; and

(c) increasing awareness of the importance of dark skies to humans and to the environment.

(2) In this Act “Dark Sky Park” means an area designated by an order made under this section.

(3) The Secretary of State may by order designate an area as a Dark Sky Park if the conditions in section 2 are met.

(4) An order made under this section must specify—

(a) the name of the Dark Sky Park to be designated; and

(b) an appropriate definition of the area to be included in the Dark Sky Park.

Section 2: Conditions for a Dark Sky Park

(1) The first condition is that—

(a) either—

(i) a nominating body has submitted a valid application to the Secretary of State; and

(ii) the Secretary of State is of the belief that the nominating body’s application reflects the wishes of the residents of the area to be designated;

(b) or—

(i) the Secretary of State is of the belief that, despite no application having been submitted by a nominating body, it is nevertheless in the public interest to designate a Dark Sky Park; and

(ii) a public vote held by the residents of the area to be designated on the question of whether or not a Dark Sky Park should be designated has been held and has been successful.
The Secretary of State may by order cause a vote to be held for the purposes of fulfilling the requirement of this paragraph.

(2) The second condition is that the Secretary of State is of the belief that the residents of the area to be designated will cooperate with measures to reduce light pollution in the area to below the maximum light level.

(3) The third condition is that the light pollution in the area is below the maximum light level, or that the Secretary of State is of the belief that it is feasible for the light pollution in the area to be reduced to below the maximum light level.

Section 3: Nominating bodies

(1) In this Part “nominating body” means a body that has made an application to the Secretary of State under this section.

(2) In this section “valid body” means—

(a) a county council in England;

(b) a unitary authority;

(c) a metropolitan borough;

(d) the Greater London Authority;

(e) a National Park authority; or

(f) an organisation formed for the specific purpose of submitting an application under this section.

(3) A valid body may submit an application to the Secretary of State for an area to be designated as a Dark Sky Park.

(4) An application made under this section must contain—

(a) an appropriate definition of the area to be included in the Dark Sky Park;

(b) evidence that the residents of the area desire the designation of a Dark Sky Park;

(c) evidence that residents of the area to be designated will cooperate with measures to reduce light pollution in the area to below the maximum light level; and

(d) evidence of steps already taken, if any, in the area to reduce light pollution.

Section 4: Dark Sky Park authorities

(1) The Secretary of State must, in connection with the designation of any area as a new Dark Sky Park, by order establish an authority to carry out in relation to that Park the functions conferred on such an authority by or under this Part.

(2) In this Act, “Dark Sky Park authority” means an authority established by an order under this section.

(3) Schedules 7 and 8 to the Environment Act 1995 apply to Dark Sky Park authorities as though they were National Park authorities, within the meaning of that Act, excepting where the associated Dark Sky Park is the result of an application to the Secretary of State by a National Park authority.

(4) In the case of a Dark Sky Park that is the result of an application to the Secretary of State by a National Park authority, an order under this section must establish the Dark Sky Park authority to be the National Park authority that submitted the application.

Section 5: Statutory duties of Dark Sky Park authorities

(1) Dark Sky Park authorities must—

(a) where zenith luminance is less than the maximum light level (that is, numerically greater), work to maintain or further reduce that light level.

(b) where zenith luminance is greater than the maximum light level (that is, numerically lesser), work to reduce artificial light such that zenith luminance is below the maximum light level.

(2) Dark Sky Park authorities must impose measures to—

(a) reduce the use of non-necessary artificial light within the Park;

(b) ensure that Park environments retain natural beauty; and

(c) prevent statutory nuisances, within the meaning of section 79 of the Environmental Protection Act 1990.

(3) Dark Sky Park authorities must offer—

(a) places designated for members of the public to view the night sky;

(b) assistance with transportation, where feasible, to members of the public who wish to view the night sky; and

(c) members of staff who are able to facilitate the enjoyment of the night sky.

(4) Dark Sky Park authorities must act to educate about and increase awareness of the importance of dark skies to humans and the environment.

(5) In this Part, “the maximum light level” means a zenith luminance of 21.2 units of magnitude per square arcsecond.

(6) The Secretary of State may by order amend subsection 5 to specify a maximum light level less (that is, numerically greater) than 21.2 units of magnitude per square arcsecond.

Section 6: Amendment of Park area

(1) The Secretary of State may by order modify the area designated to a Dark Sky Park.

(2) No order may be made under this section unless a draft of the order has been laid before and approved by a resolution of the House of Commons.

PART 2

Dark Sky Zones

Section 7: Dark Sky Zones

(1) The provisions of this Part of this Act shall have effect for the purpose of—

(a) conserving and protecting the dark skies of the areas designated by an order made under this section; and

(b) ensuring that those areas retain skies dark enough to provide an environment for scientific research.

(2) In this Act “Dark Sky Zone” means an area designated by an order made under this section.

(3) The Secretary of State may by order designate an area as a Dark Sky Zone if the conditions in section 8 are met.

(4) An order made under this section must specify—

(a) the name of the Dark Sky Zone to be designated;

(b) an appropriate definition of the area to be included in the Dark Sky Zone;

(c) an appropriate definition of the centre point of the Zone; and

(d) the organisation to be given authority over the Zone.

(5) In this Part “centre point” means a point designated in subsection 4(c).

Section 8: Conditions for a Dark Sky Zone

(1) The first condition is that a nominating body has submitted a valid application to the Secretary of State.

(2) The second condition is that the Secretary of State is of the belief that the area specified in the application is no greater than it needs to be to safeguard the night sky of the centre point

(3) The third condition is that a draft of the order has been laid before and approved by a resolution of the House of Commons.

Section 9: Nominating bodies

(1) In this Part “nominating body” means a body that has made an application to the Secretary of State under this section.

(2) In this section “valid body” means—

(a) a scientific establishment in England; or

(b) an organisation formed for the specific purpose of submitting an application under this section.

(3) A valid body may submit an application to the Secretary of State for an area to be designated as a Dark Sky Zone.

(4) An application made under this section must contain—

(a) an appropriate definition of the area to be included in the Dark Sky Zone;

(b) an appropriate definition of the point from which the majority of research will be performed

(c) evidence that the designation of a Dark Sky Zone is necessary to ensure the continued ability to perform scientific research; and

(d) evidence that the proposed area to be included in the Zone is—

(i) sufficient, and

(ii) not excessive

for the purpose of ensuring the continued ability to perform scientific research.

Section 10: Dark Sky Zone authorities

(1) The Secretary of State must, in connection with the designation of any area as a new Dark Sky Zone, by order designate a body to carry out in relation to that Park the functions conferred on such an authority by or under this Part.

(2) In this Act, “Dark Sky Zone authority” means a body designated by an order under this section.

(3) Schedule 8 to the Environment Act 1995 applies to Dark Sky Zone authorities as though they were National Park authorities, within the meaning of that Act.

Section 11: Statutory duties of Dark Sky Zone authorities

(1) Dark Sky Park authorities must—

(a) where zenith luminance is less than the maximum light level (that is, numerically greater), work to maintain or further reduce that light level.

(b) where zenith luminance is greater than the maximum light level (that is, numerically lesser), work to reduce artificial light such that zenith luminance is below the maximum light level.

(2) Dark Sky Zone authorities must impose measures to reduce the use of non-necessary artificial light within the Park with the purpose of ensuring the continued ability to perform scientific research.

(3) Dark Sky Zone authorities must act to educate about and increase awareness of the importance of dark skies to humans and the environment.

(4) In this Part, “the maximum light level” means a zenith luminance of 21.5 units of magnitude per square arcsecond.

(5) The Secretary of State may by order amend subsection 5 to specify a maximum light level less (that is, numerically greater) than 21.5 units of magnitude per square arcsecond.

Section 12: Amendment of Zone area

(1) The Secretary of State may by order modify the area designated to a Dark Sky Zone.

(2) No order may be made under this section unless a draft of the order has been laid before and approved by a resolution of the House of Commons.

PART 3

Additional Provision

Section 13: Statement of right to night sky

It is the position of the United Kingdom that access to the night sky is a right for all people.

Section 14: Power of Secretary of State to appoint person to exercise functions

(1) The Secretary of State may by regulations appoint a person to exercise any function conferred by or under this Act that is expressed (in whatever way) to be a function of the Secretary of State excepting a function conferred in this section.

(2) A person may be appointed—

(a) to exercise a function for particular purposes, in relation to particular activities or services or in relation to particular areas;

(b) to exercise a function instead of, or concurrently with, the Secretary of State;

(c) to exercise a function subject to conditions;

(d) to exercise a function for a particular period.

(3) More than one person may be appointed.

Section 15: General interpretation

(1) In this Act, except in so far as the context otherwise requires—

"magnitude" means astronomical magnitude in the V band of the UBV system;

“zenith luminance” means the level of light pollution from the zenith in units of magnitude per square arcsecond, as measured at a specific point.

Section 16: Commencement, extent and short title

(1) This Act enters into force on the day on which this Act is passed.

(2) This Act extends to England only.

(3) This Act may be cited as the Environment (Dark Sky Protection) Act 2023.

**This bill was written by the Rt. Hon. Dame /u/Faelif CT CB GBE PC MP MLA MSP MS, Captain of the Pirate Party GB, Deputy Leader of the Opposition and Shadow Secretary of State for Space, Science, Research and Innovation. It is presented on behalf of His Majesty’s 37th Most Loyal Opposition. It draws on the National Parks and Access to the Countryside Act 1949 and the Environment Act 1995

Referenced legislation:

• Environmental Protection Act 1990
• Environment Act 1995

Opening Speech by /u/Faelif:

[Deputy] Speaker,

According to UNESCO, the night sky and all the stars and constellations it holds are part of our shared cultural heritage as humanity. This means we have a duty not just to ourselves but to every person around the planet to protect the awe-inspiring sight that takes centre-stage in so many cultures throughout history and across the globe. With light pollution becoming severe and urban environments growing across the UK this access to the sky at night is ever more scarce and is reserved to the rich who can afford large estates in the countryside to retreat to. This bill allows for the formation of Dark Sky Parks to open up spaces where the night sky is particularly extraordinary and to encourage the darkening of night skies - while also taking part in outreach activities to educate on how and why our night skies are so important.

It’s not just cultural benefits, though. Recent research presented at the Artificial Light At Night conference found that an increased level of artificial lighting reduced depth and duration of sleep, having knock-on effects on health and the body, and also correlated with an increased risk of certain cancers even when the lack of sleep was taken into account. There’s also The way in which Dark Sky Parks can be created means it is possible for small towns or villages to form their own Park, committing to take actions like reducing night-time street lighting in order to improve public health. It’s not just human health this improves either - research in North America has found changes in deer and wolf movement patterns due to artificial lighting, with similar results in bats, fish, eels and other animals too.

It’s also worth considering the impacts for astronomy: ground-based observatories rely on a clear, dark sky to be able to properly view objects, with stars and planets being drowned out by a lot of background light pollution. Dark Sky Zones, intended for these use cases, permit a lower maximum level of light pollution to allow for this extra need and also meet the requirements for an International Dark Sky Reserve (an international standard); the less stringent needs for a Dark Sky Park match those of an International Dark Sky Parks.

As one final note, the units used for measuring light pollution are a little unintuitive, as they at first don’t seem to be ordered properly: a sky which measures at 10 mags/arcsec² is brighter than one which reads 20 mags/arcsec². This is as a result of the classification of stars into magnitudes in academia, and I have tried to clarify this in the bill to ensure that there is no ambiguity in the maximum light pollution levels.

[Deputy] Speaker, I hope the House will join me in the fight for our skies, and I beg to move, that the Environment (Dark Sky Protection) Bill be now read a second time.

This division will end on Friday 15th September at 10pm BST.