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The Environment Act 2021 (Commencement No. 7) Regulations 2023

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Statutory Instruments

2023 No. 1170 (C. 77)

Environmental Protection

The Environment Act 2021 (Commencement No. 7) Regulations 2023

Made

2nd November 2023

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 147(3) of the Environment Act 2021(1).

Citation and interpretation

1.—(1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 7) Regulations 2023.

(2) In these Regulations—

the Act” means the Environment Act 2021;

the 1990 Act” means the Town and Country Planning Act 1990(2);

the 1991 Act” means the Water Industry Act 1991(3).

Provisions coming into force on 3rd November 2023

2.  The following provisions of the Act come into force on 3rd November 2023—

(a)in section 82 (monitoring quality of water potentially affected by discharges)—

(i)subsection (1), for the purposes of making regulations under section 141DB of the 1991 Act(4); and

(ii)subsection (2), except in respect of section 141DA of the 1991 Act;

(b)section 98 (biodiversity gain as condition of planning permission) in so far as it introduces the provisions commenced by sub-paragraph (d);

(c)section 100 (biodiversity gain site register), for the purposes of making regulations;

(d)paragraphs 1 and 2 of Schedule 14 (biodiversity gain as condition of planning permission)—

(i)for the purposes of making regulations under Schedule 7A to the 1990 Act(5);

(ii)in so far as they insert paragraphs 3, 4 and 12(2) of Schedule 7A into the 1990 Act.

Provision coming into force on 30th November 2023

3.  Section 115 of the Act (local highway authorities in England to consult before felling street trees) comes into force on 30th November 2023.

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

2nd November 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the seventh commencement regulations made by the Secretary of State under the Act.

Regulation 2 brings into force on 3rd November 2023 specified sections of the Act.

Section 82 is commenced for the limited purpose of enabling regulations to be made under section 141DB of the Water Industry Act 1991 (c. 56).

Section 98 and Part 1 of Schedule 14 of the Act are commenced for the limited purposes of enabling regulations to be made under Schedule 7A of the Town and Country Planning Act 1990 (c. 8) and to enable the biodiversity metric (defined in paragraph 4(1) of that Schedule) to be laid before Parliament.

Section 100 of the Act is commenced for the limited purpose of making regulations which would make provision for and in relation to a biodiversity gain site register.

Regulation 3 brings into force on 30th November 2023 section 115 of the Act. Section 115 inserts new section 96A into the Highways Act 1980 (c. 66) which places a duty on local highway authorities in England to consult before felling street trees.

An impact assessment has not been published for these Regulations as they have no impact on cost to business, the public or voluntary sectors independent of the provisions these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Steet, London, SW1P 4DF, United Kingdom.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Environment Act 2021 (c. 30) have been brought into force by commencement regulations and orders made before the date of these Regulations:

ProvisionDate of CommencementS.I. No.
Sections 1 to 724th January 2022S.I. 2022/48 (C. 2)
Sections 8 to 1524th January 2022S.I. 2022/48 (C. 2)
Section 1624th January 2022S.I. 2022/48 (C. 2)
Sections 17 and 1810th May 2022S.I. 2022/518 (C. 21)
Section 1910th May 2022 (partially)S.I. 2022/518 (C. 21)
1st November 2023 (for all remaining purposes)S.I. 2023/381 (C. 18)
Section 2010th May 2022S.I. 2022/518 (C. 21)
Section 211st April 2022S.I. 2022/48 (C. 2)
Sections 22 to 2417th November 2021S.I. 2021/1274 (C. 72)
Section 2524th January 2022S.I. 2022/48 (C. 2)
Section 2617th November 2021S.I. 2021/1274 (C. 72)
Section 2724th January 2022S.I. 2022/48 (C. 2)
Sections 28 to 3024th January 2022S.I. 2022/48 (C. 2)
Sections 31 to 4124th January 2022S.I. 2022/48 (C. 2)
Sections 42 and 4324th January 2022S.I. 2022/48 (C. 2)
Sections 44 to 4717th November 2021S.I. 2021/1274 (C. 72)
Section 4825th July 2022S.R. 2022 No. 54 (C. 5)
Section 4928th February 2022S.R. 2022 No. 54 (C. 5)
Section 5024th January 2022 (partially)S.I. 2022/48 (C. 2)
28th February 2022 (partially)S.R. 2022 No. 54 (C. 5)
7th March 2022 (partially)S.I. 2022 No. 223 (W. 71) (C. 10)
9th November 2022 (for all remaining purposes)S.S.I. 2022/305 (C. 18)
Section 5128th February 2022 (for all remaining purposesS.R. 2022 No. 54 (C. 5)
Section 5228th February 2022 (for all remaining purposesS.R. 2022 No. 54 (C. 5)
Section 5328th February 2022 (for all remaining purposesS.R. 2022 No. 54 (C. 5)
Section 5428th February 2022 (for all remaining purposesS.R. 2022 No. 54 (C. 5)
Section 5528th February 2022 (for all remaining purposesS.R. 2022 No. 54 (C. 5)
Section 5628th February 2022 (for all remaining purposesS.R. 2022 No. 54 (C. 5)
Section 5928th February 2022S.R. 2022 No. 54 (C. 5)
Section 6024th January 2022 (partially)S.I. 2022/48 (C. 2)
7th March 2022 (for all remaining purposes)S.I. 2022 No. 223 (W. 71) (C. 10)
Section 6128th February 2022S.R. 2022 No. 54 (C. 5)
Section 6224th January 2022S.I. 2022/48 (C. 2)
Section 6424th January 2022 (partially)S.I. 2022/48 (C. 2)
7th March 2022 (partially)S.I. 2022 No. 223 (W. 71) (C. 10)
9th November 2022 (partially)S.S.I. 2022/305 (C. 18)
Section 6528th February 2022S.R. 2022 No. 54 (C. 5)
Section 6728th February 2022S.R. 2022 No. 54 (C. 5)
Section 681st April 2023 (partially)S.I. 2023/381 (C. 18)
Section 691st April 2023 (partially)S.I. 2023/381 (C. 18)
Section 7128th February 2022S.R. 2022 No. 54 (C. 5)
Section 721st May 2022S.I. 2022/48 (C. 2)
Section 731st May 2022 (partially)S.I. 2022/48 (C. 2)
Section 8510th May 2022 (partially)S.I. 2022/518 (C. 21)
Section 8624th January 2022S.I. 2022/48 (C. 2)
Section 8710th May 2022 (partially)S.I. 2022/518 (C. 21)
Section 8928th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
Section 9128th February 2022S.R. 2022 No. 54 (C. 5)
Section 9429th September 2022S.I. 2022/988 (C. 75)
Section 9629th September 2022 (partially)S.I. 2022/988 (C. 75)
Sections 102 and 1031st January 2023S.I. 2022/1266 (C. 100)
Sections 104 to 10824th January 2022S.I. 2022/48 (C. 2)
Section 10930th September 2022S.I. 2022/518 (C. 21)
Section 11024th January 2022S.I. 2022/48 (C. 2)
Section 11130th September 2022S.I. 2022/518 (C. 21)
Sections 112 and 11324th January 2022S.I. 2022/48 (C. 2)
Section 1141st January 2023S.I. 2022/1266 (C. 100)
Section 11630th September 2022 (partially)S.I. 2022/518 (C. 21)
Part 730th September 2022S.I. 2022/48 (C. 2)
Section 14028th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
Schedule 117th November 2021S.I. 2021/1274 (C. 72)
Schedule 225th July 2022 (partially)S.R. 2022 No. 54 (C. 5)
Schedule 328th February 2022S.R. 2022 No. 54 (C. 5)
Schedule 424th January 2022 (partially)S.I. 2022/48 (C. 2)
28th February 2022 (partially)S.R. 2022 No. 54 (C. 5)
7th March 2022 (partially)S.I. 2022 No. 223 (W. 71) (C. 10)
9th November 2022 (for all remaining purposes)S.S.I. 2022/305 (C. 18)
Schedule 528th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
Schedule 628th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
Schedule 728th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
Schedule 828th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
Schedule 928th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
Schedule 111st May 2022S.I. 2022/48 (C. 2)
Schedule 12, Part 11st May 2022S.I. 2022/48 (C. 2)
Schedule 12, Part 31st May 2022S.I. 2022/48 (C. 2)
Schedule 1324th January 2022S.I. 2022/48 (C. 2)
Schedule 161st January 2023S.I. 2022/1266 (C. 100)
Schedule 1730th September 2022 (partially)S.I. 2022/518 (C. 21)
Schedule 1830th September 2022S.I. 2022/48 (C. 2)
Schedule 1930th September 2022S.I. 2022/48 (C. 2)
Schedule 2030th September 2022S.I. 2022/48 (C. 2)
Schedule 2128th February 2022 (for all remaining purposes)S.R. 2022 No. 54 (C. 5)
(4)

Section 141DB was inserted by section 82 of the Environment Act 2021.

(5)

Schedule 7A was inserted by paragraph 2 of Schedule 14 to the Environment Act 2021.

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