Environment Act 2021

PART 1Environmental governance

CHAPTER 1Improving the natural environment

Environmental targets

1Environmental targets

2Environmental targets: particulate matter

3Environmental targets: species abundance

4Environmental targets: process

5Environmental targets: effect

6Environmental targets: reporting duties

7Environmental targets: review

Environmental improvement plans

8Environmental improvement plans

9Annual reports on environmental improvement plans

10Reviewing and revising environmental improvement plans

11Reviewing and revising plans: interim targets

12Reviewing and revising plans: other requirements

13Renewing environmental improvement plans

14Renewing plans: interim targets

15Renewing plans: other requirements

Environmental monitoring

16Environmental monitoring

Policy statement on environmental principles

17Policy statement on environmental principles

18Policy statement on environmental principles: process

19Policy statement on environmental principles: effect

Environmental protection: statements and reports

20Statements about Bills containing new environmental law

21Reports on international environmental protection legislation

CHAPTER 2The Office for Environmental Protection

The Office for Environmental Protection

22The Office for Environmental Protection

23Principal objective of the OEP and exercise of its functions

24The OEP’s strategy: process

25Guidance on the OEP’s enforcement policy and functions

25AGuidance on the OEP’s Northern Ireland enforcement policy and functions

26Memorandum of understanding

27Co-operation duties of public authorities and the OEP

The OEP's scrutiny and advice functions

28Monitoring and reporting on environmental improvement plans and targets

29Monitoring and reporting on environmental law

30Advising on changes to environmental law etc

The OEP's enforcement functions

31Failure of public authorities to comply with environmental law

33Investigations

34Duty to keep complainants informed

35Information notices

36Decision notices

37Linked notices

38Environmental review

39Judicial review: powers to apply in urgent cases and to intervene

40Duty of the OEP to involve the relevant Minister

41Public statements

42Disclosures to the OEP

43Confidentiality of proceedings

CHAPTER 3Interpretation of Part 1

44Meaning of “natural environment”

45Meaning of “environmental protection”

46Meaning of “environmental law”

47Interpretation of Part 1: general

PART 2Environmental governance: Northern Ireland

48Improving the natural environment: Northern Ireland

49The Office for Environmental Protection: Northern Ireland

PART 3Waste and resource efficiency

Producer responsibility

50Producer responsibility obligations

51Producer responsibility for disposal costs

Resource efficiency

52Resource efficiency information

53Resource efficiency requirements

54Deposit schemes

55Charges for single use items

56Charges for carrier bags

57Separation of waste

58Electronic waste tracking: Great Britain

59Electronic waste tracking: Northern Ireland

60Hazardous waste: England and Wales

61Hazardous waste: Northern Ireland

62Transfrontier shipments of waste

63Regulations under the Environmental Protection Act 1990

Waste enforcement and regulation

64Powers to make charging schemes

65Waste charging: Northern Ireland

66Enforcement powers

67Enforcement powers: Northern Ireland

68Littering enforcement

69Fixed penalty notices

70Regulation of polluting activities

71Waste regulation: amendment of Northern Ireland Order

PART 4Air quality and environmental recall

72Local air quality management framework

73Smoke control areas: amendments of the Clean Air Act 1993

Environmental recall of motor vehicles etc

74Environmental recall of motor vehicles etc

75Compulsory recall notices

76Further provision about regulations under section 74

77Interpretation of sections 74 to 76

Plans and proposals

78Water resources management plans, drought plans and joint proposals

79Drainage and sewerage management plans

Storm overflows

80Storm overflows

81Reporting on discharges from storm overflows

82Monitoring quality of water potentially affected by discharges

83Reduction of adverse impacts of storm overflows

84Report on elimination of discharges from storm overflows

Regulation of water and sewerage undertakers

85Authority’s power to require information

86Water and sewerage undertakers in England: modifying appointments

87Electronic service of documents

88Water abstraction: no compensation for certain licence modifications

89Water quality: powers of Secretary of State

90Water quality: powers of Welsh Ministers

91Water quality: powers of Northern Ireland department

92Solway Tweed river basin district: power to transfer functions

93Water quality: interpretation

94Valuation of other land in drainage district: England

95Valuation of other land in drainage district: Wales

96Valuation of agricultural land in drainage district: England and Wales

97Disclosure of Revenue and Customs information

PART 6Nature and biodiversity

Biodiversity gain in planning

98Biodiversity gain as condition of planning permission

99Biodiversity gain in nationally significant infrastructure projects

100Biodiversity gain site register

101Biodiversity credits

Biodiversity objective and reporting

102General duty to conserve and enhance biodiversity

103Biodiversity reports

Local nature recovery strategies

104Local nature recovery strategies for England

105Preparation of local nature recovery strategies

106Content of local nature recovery strategies

107Information to be provided by the Secretary of State

108Interpretation

109Species conservation strategies

110Protected site strategies

111Wildlife conservation: licences

Habitats Regulations

112Habitats Regulations: power to amend general duties

113Habitats Regulations: power to amend Part 6

Tree felling and planting

114Controlling the felling of trees in England

115Local highway authorities in England to consult before felling street trees

Use of forest risk commodities in commercial activity

116Use of forest risk commodities in commercial activity

PART 7Conservation covenants

Creation of conservation covenant

117Conservation covenant agreements

118Conservation covenants

119Responsible bodies

Effect of conservation covenant

120Local land charge

121Duration of obligation under conservation covenant

122Benefit and burden of obligation of landowner

123Benefit of obligation of responsible body

Breach and enforcement

124Breach of obligation

125Enforcement of obligation

126Defences to breach of obligation

Discharge and modification

127Discharge of obligation of landowner by agreement

128Discharge of obligation of responsible body by agreement

129Modification of obligation by agreement

130Discharge or modification of obligation by Upper Tribunal

Replacement etc of responsible body

131Power of responsible body to appoint replacement

132Body ceasing to be a responsible body

133Effect of acquisition or disposal of affected land by responsible body

134Effect of deemed surrender and re-grant of qualifying estate

135Declarations about obligations under conservation covenants

136Duty of responsible bodies to make annual return

137Crown application

138Index of defined terms in Part 7

139Consequential amendments relating to Part 7

PART 8Miscellaneous and general provisions

Regulation of chemicals

140Amendment of REACH legislation

Concurrent functions in Wales

141Amendments of Schedule 7B to the Government of Wales Act 2006

General provisions

142Consequential provision

144Crown application

145Financial provisions

147Commencement

148Transitional or saving provision

SCHEDULE 1The Office for Environmental Protection

2Appointment of non-executive members

3Appointment of executive members

4Interim chief executive

5Terms of membership

6Remuneration of non-executive members

7Staffing and remuneration

10Delegation to members, committees and employees

13Annual report

14Annual accounts

15Meaning of “financial year”

17Independence of the OEP

18Disqualification from membership of legislatures

19In Part 2 of Schedule 1 to the Northern Ireland...

20Public records

21Freedom of Information

22Investigation by the Parliamentary Commissioner

23Public sector equality duty

24Meaning of “the Northern Ireland Department”

SCHEDULE 2Improving the natural environment: Northern Ireland

PART 1Environmental improvement plans

1Environmental improvement plans

2Annual reports on environmental improvement plans

3Reviewing and revising environmental improvement plans

4Renewing environmental improvement plans

5Environmental monitoring

PART 2Policy statement on environmental principles

6Policy statement on environmental principles

7Policy statement on environmental principles: process

8Policy statement on environmental principles: effect

PART 3Interpretation

9Meaning of “natural environment”

10Meaning of “environmental protection”

11General interpretation

SCHEDULE 3The Office for Environmental Protection: Northern Ireland

PART 1The OEP’s Northern Ireland functions

1Monitoring and reporting on the Department’s environmental improvement plans

2Monitoring and reporting on environmental law

3Advising on changes to Northern Ireland environmental law etc

4Failure of relevant public authorities to comply with environmental law

5Meaning of relevant environmental law, relevant public authority etc

6Complaints about relevant public authorities

7Investigations: relevant public authorities

8Duty to keep complainants informed

9Information notices

10Decision notices

11Linked notices

12Review application

13Judicial review: powers to apply to prevent serious damage and to intervene

14Duty of the OEP to involve the relevant department

15Public statements

16Disclosures to the OEP

17Confidentiality of proceedings

18Meaning of UK environmental law and Northern Ireland environmental law

19Interpretation of Part 1 of this Schedule: general

PART 2Amendments of the OEP’s general functions

20This Act is amended in accordance with paragraphs 21 to...

21(1) Section 23 (principal objective of the OEP and exercise...

22In section 24 (the OEP’s strategy: process), in subsection (1)(a)...

23(1) Section 25 (guidance on the OEP’s enforcement policy and...

24After section 25 (guidance on the OEP’s enforcement policy and...

25(1) Section 27 (co-operation duties of public authorities and the...

26In section 37 (linked notices), after subsection (6) insert—

27(1) Section 43 (confidentiality of proceedings) is amended as follows....

28(1) Section 47 (interpretation of Part 1 of the Act)...

29(1) Schedule 1 is amended as follows.

30(1) Schedule 2 (improving the natural environment: Northern Ireland) is...

SCHEDULE 4Producer responsibility obligations

PART 1Requirements

2Examples of provision that may be made

3Registration of persons subject to producer responsibility obligations

4Compliance schemes

5Registration of compliance schemes

6Power to direct compliance scheme operators

7Certificates of compliance

8Consultation etc requirements

9(1) Before making regulations under this Part of this Schedule...

10The relevant national authority must exercise the power to make...

11Interpretation

PART 2Enforcement

12General power

13Powers to confer functions

14Monitoring compliance

15Records and information

16Powers of entry etc

18Part 2 regulations may include provision for the imposition of...

19Charges and costs

20Consultation requirement

SCHEDULE 5Producer responsibility for disposal costs

PART 1Requirements

2“Disposal costs” and “disposal”

3Calculation of sums payable

4Administration

6Payment of sums

7Distribution of sums paid

8Repayment of sums paid

10Consultation requirements

PART 2Enforcement

11General power

12Powers to confer functions

13Monitoring compliance

14Records and information

15Powers of entry etc

17Charges and costs

18Consultation requirements

SCHEDULE 6Resource efficiency information

PART 1Requirements

2Meaning of “information about resource efficiency”

3Persons on whom requirements may be imposed

4Examples of provision that may be made

5Consultation etc requirements

6Interpretation

PART 2Enforcement

8Powers to confer functions

9Monitoring compliance

10Records and information

11Powers of entry etc

14Consultation requirement

SCHEDULE 7Resource efficiency requirements

PART 1Requirements

2Meaning of “resource efficiency requirements”

3Persons on whom requirements may be imposed

4Examples of provision that may be made

5Consultation etc requirements

6Interpretation

PART 2Enforcement

8Powers to confer functions

9Monitoring compliance

10Records and information

11Powers of entry etc

14Consultation requirement

SCHEDULE 8Deposit schemes

1Power to establish deposit schemes

2Scheme suppliers

3Scheme collectors

4Deposit scheme administrators

6Interpretation

SCHEDULE 9Charges for single use items

2Requirement to charge

3Sellers of goods and services

4Amount of charge

5Administration

7Record-keeping and publication of records

9Civil sanctions

SCHEDULE 10Enforcement powers

1Powers to search and seize vehicles in connection with waste offences

2In section 34B(6) of the Environmental Protection Act 1990 (constable’s...

3Powers of direction in relation to waste

4Powers of entry in relation to pollution control etc

5(1) Section 108 (powers of enforcing authorities and their authorised...

6(1) Schedule 18 (supplemental provision about powers of entry) is...

SCHEDULE 11Local air quality management framework

1The Environment Act 1995 is amended as follows.

2(1) Section 80 (national air quality strategy) is amended as...

3After that section insert— Duty to report on air quality...

4After section 81 insert— Functions of relevant public authorities etc...

5(1) Section 82 (local authority reviews) is amended as follows....

6After section 83 insert— Duties of English local authorities in...

7(1) Section 84 (duties of local authorities in relation to...

8After section 85 insert— Duty of air quality partners to...

9(1) Section 86 (functions of county councils for areas for...

10For section 86A substitute— Role of the Mayor of London...

11(1) Section 87 (regulations) is amended as follows.

12In section 88, in subsection (3), after “district councils” insert...

13In section 91 (interpretation), in subsection (1)—

14In Schedule 11 (air quality: supplemental provisions), in paragraph 1(2),...

SCHEDULE 12Smoke control in England and Wales

PART 1Principal amendments to the Clean Air Act 1993: England

1The Clean Air Act 1993 is amended as follows.

2After section 19 insert— Regulation of smoke and fuel in...

3After Schedule 1 insert— SCHEDULE 1A Penalty for emission of...

4After section 19A (as inserted by paragraph 2 above)— Acquisition...

5After section 26 insert— Duty of local authority to reimburse...

6After section 28 insert— Guidance for local authorities in England...

7In section 44 (vessels), after subsection (2) insert—

8In section 56 (rights of entry and inspection etc), for...

PART 2Principal amendments to the Clean Air Act 1993: Wales

9The Clean Air Act 1993 is amended as follows.

10(1) Section 20 (prohibition on emission of smoke in smoke...

11(1) Section 21 (power to exempt certain fireplaces) is amended...

PART 3Minor and consequential amendments

12Minor and consequential amendments to the Clean Air Act 1993

13(1) Section 18 (declaration of smoke control area by local...

14(1) Section 20 (prohibition on emission of smoke in smoke...

15(1) Section 21 (power to exempt certain fireplaces) is amended...

16(1) Section 22 (exemptions relating to particular areas) is amended...

17(1) Section 23 (acquisition and sale of unauthorised fuel in...

18In section 24 (power to require adaptations of fireplaces), in...

19In section 26 (power to make grants for fireplaces in...

20In section 27 (references to adaptations)— (a) in the heading,...

21In section 28 (expenditure on execution of works), in subsection...

22In section 29 (interpretation)— (a) in the definition of “old...

23In section 63 (orders and regulations)— (a) in subsection (2),...

24(1) Schedule 1 (coming into operation of smoke control orders)...

25Minor amendments to other legislation

PART 4Smoke control areas in England: transitional provision

26Where a local authority in England has made a smoke...

SCHEDULE 13Modifying water and sewerage undertakers’ appointments: procedure for appeals

SCHEDULE 14Biodiversity gain as condition of planning permission

PART 1Biodiversity gain condition

1In the Town and Country Planning Act 1990, after section...

2In that Act, after Schedule 7 insert— SCHEDULE 7A Biodiversity...

PART 2Consequential amendments

3(1) The Town and Country Planning Act 1990 is amended...

SCHEDULE 15Biodiversity gain in nationally significant infrastructure projects

PART 1Principal amendments to the Planning Act 2008

1The Planning Act 2008 is amended as follows.

2In section 103 (Secretary of State is to decide applications),...

3(1) Section 104 (decisions in cases where national policy statement...

4(1) Section 105 (decisions in cases where no national policy...

5After Schedule 2 insert— SCHEDULE 2A Biodiversity gain Section 103...

PART 2Supplementary amendments to the Planning Act 2008

6The Planning Act 2008 is amended as follows.

7In section 37 (applications for orders for development consent), after...

8In section 120 (what may be included in development consent...

9(1) Section 232 (orders and regulations) is amended as follows....

SCHEDULE 16Controlling the felling of trees in England

2Penalty for felling without licence: increase of fine

3Restocking notices to be local land charges

4Enforcement notices to be local land charges

5Further enforcement notices for new estate or interest holders

6Power of court to order restocking after conviction for failure to comply with enforcement notice

7Service of notices on directors of companies that have estates or interests in land

8Requiring information from the owner of land

SCHEDULE 17Use of forest risk commodities in commercial activity

PART 1Requirements

1Meaning of “forest risk commodity”

2Prohibition on using illegally produced commodities

3Due diligence system

4Annual report on due diligence system

7Meaning of “regulated person”

PART 2Enforcement

9Powers to confer functions

10Monitoring compliance

11Records and information

12Powers of entry etc

14Part 2 regulations may include provision for the imposition of...

16Consultation requirement

PART 3General provisions

18Interpretation

SCHEDULE 18Discharge or modification of obligations under conservation covenants

PART 1Discharge by Upper Tribunal

1Power to discharge on application by landowner or responsible body

2(1) The Upper Tribunal may, on the application of the...

3Deciding whether to discharge

4Supplementary powers

5(1) The Upper Tribunal may, if it considers it reasonable...

PART 2Modification by Upper Tribunal

6Power to modify on application by landowner or responsible body

7(1) The Upper Tribunal may, on the application of the...

8The power under paragraph 6(1) or 7(1) does not include...

9Deciding whether to modify

10Supplementary powers

11(1) The Upper Tribunal may, if it considers it reasonable...

12Effect of modification

13Interpretation

SCHEDULE 19Application of Part 7 to Crown land

1Application of Part 7

2Interpretation

4Land subject to escheat

PART 2Conservation covenants relating to Crown land held by a person other than the appropriate authority

6Agreements for the purposes of section 117

7Modification of Part 7 in relation to obligations under certain Crown conservation covenants

8References in Part 7 to an obligation of the landowner...

9(1) Section 122 has effect with the following modifications in...

10(1) Section 123 has effect with the following modifications in...

11In section 129(4)(b) and (5) the references to a successor...

12In Schedule 18— (a) the references in paragraphs 1(1) and...

PART 3Other modifications of Part 7

13Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority

14In section 122— (a) subsections (2)(b), (3) and (4) have...

15In section 123— (a) subsections (1)(b), (2) and (4) have...

16(1) In section 129(4)(b) and (5) references to a successor...

17In Schedule 18— (a) the reference in paragraph 6(1) to...

18Agreements under section 127(1) and (3)

19Agreements under section 128(1)

20Agreements under section 129(1)

21(1) Sub-paragraph (2) applies where a person who—

SCHEDULE 20Consequential amendments relating to Part 7

1Acquisition of Land Act 1981 (c. 67)

2(1) Section 12 (notice of compulsory purchase by local and...

3(1) Paragraph 3 of Schedule 1 (notice of compulsory purchase...

4Housing and Planning Act 2016 (c. 22)

5(1) Section 203 (power to override easements and other rights)...

6(1) Section 204 (compensation for overridden easements etc) is amended...

7In section 205(1) (interpretation), at the appropriate place insert— “obligation...

8Neighbourhood Planning Act 2017 (c. 20)

9In section 20 (notice requirements relating to taking temporary possession),...

10In section 23 (compensation), after subsection (5) insert—

11(1) Section 27 (powers of acquiring authority in temporary possession...

12In section 30 (interpretation), at the appropriate place, insert— “obligation...

SCHEDULE 21Amendment of REACH legislation

1Amendment of the REACH Regulation

2Amendment of the REACH Enforcement Regulations 2008

3Consent of the devolved administrations

4Requests by devolved administrations for exercise of powers under this Schedule

6The protected provisions

7Other interpretation

Royal arms

Environment Act 2021

2021 CHAPTER 30

An Act to make provision about targets, plans and policies for improving the natural environment; for statements and reports about environmental protection; for the Office for Environmental Protection; about waste and resource efficiency; about air quality; for the recall of products that fail to meet environmental standards; about water; about nature and biodiversity; for conservation covenants; about the regulation of chemicals; and for connected purposes.

[9th November 2021]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—