Environment Act 2021 in England
2021 c. 30 · Enacted 9 November 2021 · Extends to United Kingdom
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:—
Contents
- Part 1: Environmental governance
- Chapter 1: Improving 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 2: The 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
- 32Complaints
- 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
- Information
- 42Disclosures to the OEP
- 43Confidentiality of proceedings
- Chapter 3: Interpretation of Part 1
- 44Meaning of “natural environment”
- 45Meaning of “environmental protection”
- 46Meaning of “environmental law”
- 47Interpretation of Part 1: general
- Part 2: Environmental governance: Northern Ireland
- 49The Office for Environmental Protection: Northern Ireland
- Part 3: Waste 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
- Managing waste
- 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
- Part 4: Air quality and environmental recall
- Air quality
- 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
- Part 5: Water
- Plans and proposals
- 78Water resources management plans, drought plans and joint proposals Not yet in force
- 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 Not yet in force
- 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
- Abstraction
- 88Water abstraction: no compensation for certain licence modifications
- Water quality
- 89Water quality: powers of Secretary of State
- 90Water quality: powers of Welsh Ministers
- 92Solway Tweed river basin district: power to transfer functions
- 93Water quality: interpretation
- Land drainage
- 94Valuation of other land in drainage district: England
- 95Valuation of other land in drainage district: Wales Not yet in force
- 96Valuation of agricultural land in drainage district: England and Wales
- 97Disclosure of Revenue and Customs information
- Part 6: Nature 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
- Conservation
- 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 7: Conservation 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
- Miscellaneous
- 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
- Supplementary
- 137Crown application
- 138Index of defined terms in Part 7
- 139Consequential amendments relating to Part 7
- Part 8: Miscellaneous 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
- 143Regulations
- 144Crown application
- 145Financial provisions
- 146Extent
- 147Commencement
- 148Transitional or saving provision
- 149Short title
- Schedule 1: The Office for Environmental Protection
- 1Membership
- 2Appointment of non-executive members
- 3Appointment of executive members
- 4Interim chief executive
- 5Terms of membership
- 6Remuneration of non-executive members
- 7Staffing and remuneration
- 8Powers
- 9Committees
- 10Delegation to members, committees and employees
- 11Procedure
- 12Funding
- 13Annual report
- 14Annual accounts
- 15Meaning of “financial year”
- 16Status
- 17Independence of the OEP
- 18Disqualification from membership of legislatures
- 19Paragraph 19
- 20Public records
- 21Freedom of Information
- 22Investigation by the Parliamentary Commissioner
- 23Public sector equality duty
- 24Meaning of “the Northern Ireland Department”
- Schedule 3: The Office for Environmental Protection: Northern Ireland
- Part 1: The OEP’s Northern Ireland functions
- 16Disclosures to the OEP
- 17Confidentiality of proceedings
- Schedule 4: Producer responsibility obligations
- Part 1: Requirements
- 1General power
- 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
- 9Paragraph 9
- 10Paragraph 10
- 11Interpretation
- Part 2: Enforcement
- 12General power
- 13Powers to confer functions
- 14Monitoring compliance
- 15Records and information
- 16Powers of entry etc
- 17Sanctions
- 18Paragraph 18
- 19Charges and costs
- 20Consultation requirement
- Schedule 5: Producer responsibility for disposal costs
- Part 1: Requirements
- 1General power
- 2“Disposal costs” and “disposal”
- 3Calculation of sums payable
- 4Administration
- 5Registration
- 6Payment of sums
- 7Distribution of sums paid
- 8Repayment of sums paid
- 9Charges
- 10Consultation requirements
- Part 2: Enforcement
- 11General power
- 12Powers to confer functions
- 13Monitoring compliance
- 14Records and information
- 15Powers of entry etc
- 16Sanctions
- 17Charges and costs
- 18Consultation requirements
- Schedule 6: Resource efficiency information
- Part 1: Requirements
- 1General power
- 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 2: Enforcement
- 7General power
- 8Powers to confer functions
- 9Monitoring compliance
- 10Records and information
- 11Powers of entry etc
- 12Sanctions
- 13Costs
- 14Consultation requirement
- Schedule 7: Resource efficiency requirements
- Part 1: Requirements
- 1General power
- 2Meaning of “resource efficiency requirements”
- 3Persons on whom requirements may be imposed
- 4Examples of provision that may be made
- 5Consultation etc requirements
- 6Interpretation
- Part 2: Enforcement
- 7General power
- 8Powers to confer functions
- 9Monitoring compliance
- 10Records and information
- 11Powers of entry etc
- 12Sanctions
- 13Costs
- 14Consultation requirement
- Schedule 8: Deposit schemes
- 1Power to establish deposit schemes
- 2Scheme suppliers
- 3Scheme collectors
- 4Deposit scheme administrators
- 5Enforcement
- 6Interpretation
- Schedule 9: Charges for single use items
- 1General power
- 2Requirement to charge
- 3Sellers of goods and services
- 4Amount of charge
- 5Administration
- 6Registration
- 7Record-keeping and publication of records
- 8Enforcement
- 9Civil sanctions
- Schedule 10: Enforcement powers
- 1Powers to search and seize vehicles in connection with waste offences
- 2Paragraph 2
- 3Powers of direction in relation to waste
- 4Powers of entry in relation to pollution control etc
- 5Paragraph 5
- 6Paragraph 6
- Schedule 11: Local air quality management framework
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 12: Smoke control in England and Wales
- Part 1: Principal amendments to the Clean Air Act 1993: England
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 2: Principal amendments to the Clean Air Act 1993: Wales Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Part 3: Minor and consequential amendments
- 12Minor and consequential amendments to the Clean Air Act 1993
- 13Minor and consequential amendments to the Clean Air Act 1993
- 14Minor and consequential amendments to the Clean Air Act 1993
- 15Minor and consequential amendments to the Clean Air Act 1993
- 16Minor and consequential amendments to the Clean Air Act 1993
- 17Minor and consequential amendments to the Clean Air Act 1993
- 18Minor and consequential amendments to the Clean Air Act 1993
- 19Minor and consequential amendments to the Clean Air Act 1993
- 20Minor and consequential amendments to the Clean Air Act 1993
- 21Minor and consequential amendments to the Clean Air Act 1993
- 22Minor and consequential amendments to the Clean Air Act 1993
- 23Minor and consequential amendments to the Clean Air Act 1993
- 24Minor and consequential amendments to the Clean Air Act 1993
- 25Minor amendments to other legislation
- Part 4: Smoke control areas in England: transitional provision
- 26Paragraph 26
- Schedule 13: Modifying water and sewerage undertakers’ appointments: procedure for appeals
- Schedule 14: Biodiversity gain as condition of planning permission
- Part 1: Biodiversity gain condition
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Consequential amendments
- 3Paragraph 3
- Schedule 15: Biodiversity gain in nationally significant infrastructure projects
- Part 1: Principal amendments to the Planning Act 2008
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 2: Supplementary amendments to the Planning Act 2008
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 16: Controlling the felling of trees in England
- 1Introductory
- 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 17: Use of forest risk commodities in commercial activity
- Part 1: Requirements
- 1Meaning of “forest risk commodity”
- 2Prohibition on using illegally produced commodities
- 3Due diligence system
- 4Annual report on due diligence system
- 5Exemption
- 6Guidance
- 7Meaning of “regulated person”
- Part 2: Enforcement
- 8General power
- 9Powers to confer functions
- 10Monitoring compliance
- 11Records and information
- 12Powers of entry etc
- 13Sanctions
- 14Sanctions
- 15Charges
- 16Consultation requirement
- Part 3: General provisions
- 17Review
- 18Interpretation
- Schedule 18: Discharge or modification of obligations under conservation covenants
- Part 1: Discharge by Upper Tribunal
- 1Power to discharge on application by landowner or responsible body
- 2Power to discharge on application by landowner or responsible body
- 3Deciding whether to discharge
- 4Supplementary powers
- 5Supplementary powers
- Part 2: Modification by Upper Tribunal
- 6Power to modify on application by landowner or responsible body
- 7Power to modify on application by landowner or responsible body
- 8Power to modify on application by landowner or responsible body
- 9Deciding whether to modify
- 10Supplementary powers
- 11Supplementary powers
- 12Effect of modification
- 13Interpretation
- Schedule 19: Application of Part 7 to Crown land
- Part 1: General
- 1Application of Part 7
- 2Interpretation
- 3Demesne land
- 4Land subject to escheat
- 5Bona vacantia
- Part 2: Conservation 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
- 8Modification of Part 7 in relation to obligations under certain Crown conservation covenants
- 9Modification of Part 7 in relation to obligations under certain Crown conservation covenants
- 10Modification of Part 7 in relation to obligations under certain Crown conservation covenants
- 11Modification of Part 7 in relation to obligations under certain Crown conservation covenants
- 12Modification of Part 7 in relation to obligations under certain Crown conservation covenants
- Part 3: Other 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
- 14Cases 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
- 15Cases 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
- 16Cases 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
- 17Cases 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
- 18Agreements under section 127(1) and (3)
- 19Agreements under section 128(1)
- 20Agreements under section 129(1)
- 21Agreements under section 129(1)
- Schedule 20: Consequential amendments relating to Part 7
- 1Acquisition of Land Act 1981 (c. 67)
- 2Acquisition of Land Act 1981 (c. 67)
- 3Acquisition of Land Act 1981 (c. 67)
- 4Housing and Planning Act 2016 (c. 22)
- 5Housing and Planning Act 2016 (c. 22)
- 6Housing and Planning Act 2016 (c. 22)
- 7Housing and Planning Act 2016 (c. 22)
- 8Neighbourhood Planning Act 2017 (c. 20)
- 9Neighbourhood Planning Act 2017 (c. 20)
- 10Neighbourhood Planning Act 2017 (c. 20)
- 11Neighbourhood Planning Act 2017 (c. 20)
- 12Neighbourhood Planning Act 2017 (c. 20)
- Schedule 21: Amendment 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
- 5Consultation
- 6The protected provisions
- 7Other interpretation