The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023

Environment Act 1995

36.—(1) The Environment Act 1995(1) is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated”—

(a) section 40(2)(a) and (4)(a)(2);

(b) section 41(1)(f) (as it applies to England and Wales)(3), (1)(g)(4) and (2)(g)(5);

(c) section 56(1) (as it applies to England and Wales)(6), in the definition of “environmental licence”;

(d) section 80(2)(a)(7);

(e) section 85(5)(a)(8);

(f) section 87(1)(b)(i)(9);

(g) section 122(3)(b)(ii) and (4)(10).

(1)

1995 c. 25.

(2)

Section 40(2) and (4) were amended by article 6(1)(a) of S.I. 2011/1043 and regulation 3(2) of S.I. 2019/458.

(3)

Section 41(1)(f) was inserted by regulation 17(1)(b) of S.I. 2008/3087 and was amended by paragraph 372(2)(e) of Schedule 2 to S.I. 2013/755 and regulation 3(3)(a)(iii) of S.I. 2019/458. The amendment made by regulation 3(3)(a)(iii) of S.I. 2019/458 was itself amended by regulation 12(2)(a) of S.I. 2020/1540 before the amendment came into force.

(4)

Section 41(1)(g) was inserted by paragraph 1(2) of Schedule 8 to S.I. 2009/890 and was amended by paragraph 22(a) of the Schedule to S.I. 2011/2011, paragraph 372(2)(f) of Schedule 2 to S.I. 2013/755 and regulation 3(3)(a)(iv) of S.I. 2019/458. The amendment made by regulation 3(3)(a)(iv) of S.I. 2019/458 was itself amended by regulation 12(2)(a) of S.I. 2020/1540 before the amendment came into force.

(5)

Section 41(2)(g) was inserted into the Act as it applies in relation to Scotland by paragraph 1 of Schedule 6 to S.S.I. 2003/235 and was amended by articles 3 to 6 of S.I. 2011/1043 and regulation 3(3)(b) of S.I. 2019/458.

(6)

Paragraph (h) of the definition of “environmental licence” was substituted by paragraph 4 of Schedule 4 to S.I. 2011/988 and was amended by regulation 3(5)(a)(ii) of S.I. 2019/458, regulation 2 of S.I. 2019/526 and regulation 4 of S.I. 2020/904.

(7)

Section 80(2) was amended by regulation 3(6) of S.I. 2019/458.

(8)

Section 85(5) was amended by section 367(4) of the Greater London Authority Act 1999 (c. 29) and regulation 3(7) of S.I. 2019/458.

(9)

Section 87(1)(b) was amended by regulation 3(9) of S.I. 2019/458.

(10)

Section 122(3) was substituted by, and subsection (4) was amended by, regulation 3(14) of S.I. 2019/458. Regulation 3(14) of S.I. 2019/458 was itself amended by regulation 12(2) of S.I. 2020/1540 before it came into force.