- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (09/01/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 28/02/2022
Point in time view as at 09/01/2022.
There are currently no known outstanding effects for the Environment Act 2021, CHAPTER 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
In this Part the “natural environment” means—
(a)plants, wild animals and other living organisms,
(b)their habitats,
(c)land (except buildings or other structures), air and water,
and the natural systems, cycles and processes through which they interact.
Commencement Information
I1S. 44 not in force at Royal Assent, see s. 147(3)
I2S. 44 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(e)
In this Part “environmental protection” means—
(a)protection of the natural environment from the effects of human activity;
(b)protection of people from the effects of human activity on the natural environment;
(c)maintenance, restoration or enhancement of the natural environment;
(d)monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).
Commencement Information
I3S. 45 not in force at Royal Assent, see s. 147(3)
I4S. 45 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(f)
(1)In this Part “environmental law” means any legislative provision to the extent that it—
(a)is mainly concerned with environmental protection, and
(b)is not concerned with an excluded matter.
(2)Excluded matters are—
(a)disclosure of or access to information;
(b)the armed forces or national security;
(c)taxation, spending or the allocation of resources within government.
(3)The reference in subsection (1) to “legislative provision” does not include devolved legislative provision, except for the purposes of section 20.
(4)“Devolved legislative provision” means—
(a)legislative provision contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation, and
(b)legislative provision not within paragraph (a) which—
(i)if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;
(ii)if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd, or
(iii)if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.
(5)The Secretary of State may by regulations provide that a legislative provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection (1) (and this Part applies accordingly).
(6)Before making regulations under subsection (5) the Secretary of State must consult—
(a)the OEP, and
(b)any other persons the Secretary of State considers appropriate.
(7)Regulations under subsection (5) are subject to the affirmative procedure.
Commencement Information
I5S. 46 not in force at Royal Assent, see s. 147(3)
I6S. 46 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(g)
In this Part—
“application for judicial review” is to be read in accordance with section 39(8);
“current environmental improvement plan” has the meaning given by section 8(8);
“decision notice” means a notice given under section 36;
“devolved environmental governance body” means a person on whom a devolved environmental governance function has been conferred;
“devolved environmental governance function” means a devolved function that is similar to a function conferred on the OEP under this Part;
“devolved function” means—
a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006);
a function exercisable in or as regards Scotland, the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);
a function exercisable in or as regards Northern Ireland that could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998);
“devolved legislature” means the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly;
“environmental improvement plan” has the meaning given by section 8 (and see also section 10(10));
“environmental principles” has the meaning given by section 17;
“environmental review” has the meaning given by section 38;
“first environmental improvement plan” has the meaning given by section 8(8);
“improving the natural environment”, in relation to an environmental improvement plan, is to be read in accordance with section 8(5);
“information notice” means a notice given under section 35;
“judicial review” means—
in England and Wales or Northern Ireland, an application to the High Court for judicial review, or
in Scotland, an application to the supervisory jurisdiction of the Court of Session;
“making” policy includes developing, adopting or revising policy;
“met”, in relation to a target set under sections 1 to 3, has the meaning given by section 4(7);
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“OEP” has the meaning given by section 22;
“parliamentary function” means a function in connection with proceedings in Parliament or a devolved legislature;
“policy” includes proposals for legislation, but does not include an administrative decision taken in relation to a particular person or case (for example, a decision on an application for planning permission, funding or a licence, or a decision about regulatory enforcement);
“policy statement on environmental principles” has the meaning given by section 17;
“public authority” has the meaning given by section 31(3);
“relevant Minister” has the meaning given by section 33;
“relevant ombudsman” has the meaning given by section 23;
“specified date” and “specified standard”, in relation to a target set under sections 1 to 3, have the meaning given by section 1(8);
“statutory review” has the meaning given by section 39(8).
Commencement Information
I7S. 47 not in force at Royal Assent, see s. 147(3)
I8S. 47 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(h)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys