- Latest available (Revised)
- Point in Time (10/05/2022)
- Original (As enacted)
No versions valid at: 10/05/2022
Point in time view as at 10/05/2022. This version of this part contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Environment Act 2021, PART 1.
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.
Valid from 30/09/2022
1(1)The Upper Tribunal may, on the application of a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of being the holder of an estate in land, by order discharge the obligation in respect of any of the land to which it relates.
(2)The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) the responsible body under the covenant.
Commencement Information
I1Sch. 18 para. 1 not in force at Royal Assent, see s. 147(3)
2(1)The Upper Tribunal may, on the application of the responsible body under a conservation covenant, by order discharge an obligation under the covenant in respect of any of the land to which it relates.
(2)The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph (1) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.
Commencement Information
I2Sch. 18 para. 2 not in force at Royal Assent, see s. 147(3)
3(1)The Upper Tribunal may exercise its power under paragraph 1(1) or 2(1) if it considers it reasonable to do so in all the circumstances of the case.
(2)In considering whether to exercise its power under paragraph 1(1) or 2(1), the matters to which the Upper Tribunal is to have regard include—
(a)whether there has been any material change of circumstance since the making of the original agreement, in particular—
(i)change in the character of the land to which the obligation relates or of the neighbourhood of that land;
(ii)change affecting the enjoyment of the land to which the obligation relates;
(iii)change affecting the extent to which performance of the obligation is, or is likely in future to be, affordable;
(iv)change affecting the extent to which performance of the obligation is, or is likely in future to be, practicable;
(b)whether the obligation serves any conservation purpose it had—
(i)when the original agreement was entered into, or
(ii)if the obligation has since been modified (whether by agreement or by the Upper Tribunal), when the obligation was modified,
as the case may be; and
(c)whether the obligation serves the public good.
(3)In considering whether to exercise its power under paragraph 1(1), the matters to which the Upper Tribunal is to have regard also include—
(a)whether any conservation purpose which the obligation in question had when the original agreement was entered into could be served equally well by an obligation relating to different land in respect of which the applicant holds a qualifying estate; and
(b)whether, if an order under paragraph 1(1) were made, such an alternative obligation could be created by means of a conservation covenant.
(4)In considering, for the purposes of this paragraph, affordability or practicability in relation to performance of an obligation, change in the personal circumstances of a person bound by the obligation is to be disregarded.
(5)In this paragraph references to the original agreement, in relation to an obligation under a conservation covenant, are to the agreement containing the provision which gave rise to the obligation.
Commencement Information
I3Sch. 18 para. 3 not in force at Royal Assent, see s. 147(3)
4(1)The Upper Tribunal may include in an order under paragraph 1(1) or 2(1) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.
(2)Compensation under sub-paragraph (1) shall be payable to such person at such time and be of such amount as the order may provide.
Commencement Information
I4Sch. 18 para. 4 not in force at Royal Assent, see s. 147(3)
5(1)The Upper Tribunal may, if it considers it reasonable to do so in connection with the discharge under paragraph 1(1) of an obligation under a conservation covenant, include in the order discharging the obligation provision making the discharge conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.
(2)The power under sub-paragraph (1) is exercisable only with the consent of the applicant and the responsible body.
Commencement Information
I5Sch. 18 para. 5 not in force at Royal Assent, see s. 147(3)
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 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. 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 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: 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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: