Explanatory note

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

Regulation 2 brings into force on 7th May 2026 specified provisions of the Act concerning biodiversity gain statements in respect of nationally significant infrastructure projects.

Section 99 of, and Schedule 15 to, the Act amend the Planning Act 2008 (c. 29) (“the 2008 Act”), in particular by inserting new Schedule 2A. This Schedule requires the Secretary of State to include a biodiversity gain statement upon the next review of any relevant National Policy Statement (“NPS”) concerning development in England and otherwise allows for the Secretary of State to issue a biodiversity gain statement where no NPS is in place. Paragraph 1 of the Schedule confers a regulation-making power on the Secretary of State to exclude descriptions of development from its scope. Sections 104 and 105 of the 2008 Act are amended so as to prevent the Secretary of State from granting an application for development consent to which a biodiversity gain statement applies unless satisfied that the biodiversity gain objective set out in that statement is met.

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.