Environment Act 2021

4 Environmental targets: process

(1) Before making regulations under sections 1 to 3 the Secretary of State must seek advice from persons the Secretary of State considers to be independent and to have relevant expertise.

(2) Before making regulations under sections 1 to 3 which set or amend a target the Secretary of State must be satisfied that the target, or amended target, can be met.

(3) The Secretary of State may make regulations under sections 1 to 3 which revoke or lower a target (the “existing target”) only if satisfied that—

(a) meeting the existing target would have no significant benefit compared with not meeting it or with meeting a lower target, or

(b) because of changes in circumstances since the existing target was set or last amended the environmental, social, economic or other costs of meeting it would be disproportionate to the benefits.

(4) Before making regulations under sections 1 to 3 which revoke or lower a target the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (3).

(5) Regulations lower a target if, to any extent, they—

(a) replace the specified standard with a lower standard, or

(b) replace the specified date with a later date.

(6) Regulations under section 2 may not revoke the PM_2.5 air quality target (but may amend it in accordance with this section).

(7) For the purposes of this Part a target is met if the specified standard is achieved by the specified date.

(8) Regulations under sections 1 to 3 are subject to the affirmative procedure.

(9) A draft of a statutory instrument (or drafts of statutory instruments) containing regulations setting—

(a) each of the targets required by section 1(2),

(b) the PM_2.5 air quality target, and

(c) the species abundance target,

must be laid before Parliament on or before 31 October 2022.