Environment Act 2021

1 Environment Act 2021 CHAPTER 30 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately Act 2021 CHAPTER 30 CONTENTSPART 1 ENVIRONMENTAL GOVERNANCECHAPTER 1 IMPROVING THE NATURAL ENVIRONMENTE nvironmental targets1 Environmental targets2 Environmental targets: particulate matter3 Environmental targets: species abundance4 Environmental targets: process5 Environmental targets: effect6 Environmental targets: reporting duties7 Environmental targets: reviewEnvironmental improvement plans8 Environmental improvement plans9 Annual reports on environmental improvement plans10 Reviewing and revising environmental improvement plans11 Reviewing and revising plans: interim targets12 Reviewing and revising plans: other requirements13 Renewing environmental improvement plans14 Renewing plans: interim targets15 Renewing plans: other requirementsEnvironmental monitoring16 Environmental monitoringEnvironment Act 2021 (c.)

2 30)iiPolicy statement on environmental principles17 Policy statement on environmental principles18 Policy statement on environmental principles: process19 Policy statement on environmental principles: effectEnvironmental protection: statements and reports20 Statements about Bills containing new environmental law21 Reports on international environmental protection legislationCHAPTER 2 THE OFFICE FOR ENVIRONMENTAL PROTECTIONThe Office for Environmental Protection22 The Office for Environmental Protection23 Principal objective of the OEP and exercise of its functions24 The OEP s strategy: process25 Guidance on the OEP s enforcement policy and functions26 Memorandum of understanding27Co-operation duties of public authorities and the OEPThe OEP's scrutiny and advice functions28 Monitoring and reporting on environmental improvement plans and targets29 Monitoring and reporting on environmental law30 Advising on changes to environmental law etcThe OEP's enforcement functions31 Failure of public authorities to comply with environmental law32 Complaints33 Investigations34 Duty to keep complainants informed35 Information notices36 Decision notices37 Linked notices38 Environmental review39 Judicial review.

3 Powers to apply in urgent cases and to intervene40 Duty of the OEP to involve the relevant Minister41 Public statementsInformation42 Disclosures to the OEP43 Confidentiality of proceedingsCHAPTER 3 INTERPRETATION OF PART 144 Meaning of natural Environment 45 Meaning of environmental protection Environment Act 2021 (c. 30)iii46 Meaning of environmental law 47 Interpretation of Part 1: generalPART 2 ENVIRONMENTAL GOVERNANCE: NORTHERN IRELAND48 Improving the natural Environment : Northern Ireland49 The Office for Environmental Protection: Northern IrelandPART 3 WASTE AND RESOURCE EFFICIENCYP roducer responsibility50 Producer responsibility obligations51 Producer responsibility for disposal costsResource efficiency52 Resource efficiency information53 Resource efficiency requirements54 Deposit schemes55 Charges for single use items56 Charges for carrier bagsManaging waste57 Separation of waste58 Electronic waste tracking: Great Britain59 Electronic waste tracking: Northern Ireland60 Hazardous waste: England and Wales61 Hazardous waste.

4 Northern Ireland62 Transfrontier shipments of waste63 Regulations under the Environmental Protection Act 1990 Waste enforcement and regulation64 Powers to make charging schemes65 Waste charging: Northern Ireland66 Enforcement powers67 Enforcement powers: Northern Ireland68 Littering enforcement69 Fixed penalty notices70 Regulation of polluting activities71 Waste regulation: amendment of Northern Ireland OrderEnvironment Act 2021 (c. 30)ivPART 4 AIR QUALITY AND ENVIRONMENTAL RECALLAir quality72 Local air quality management framework73 Smoke control areas: amendments of the clean Air Act 1993 Environmental recall of motor vehicles etc74 Environmental recall of motor vehicles etc75 Compulsory recall notices76 Further provision about regulations under section 7477 Interpretation of sections 74 to 76 PART 5 WATERP lans and proposals78 Water resources management plans, drought plans and joint proposals79 Drainage and sewerage management plansStorm overflows80 Storm overflows81 Reporting on discharges from storm overflows82 Monitoring quality of water potentially affected by discharges83 Reduction of adverse impacts of storm overflows84 Report on elimination of discharges from storm overflowsRegulation of water and sewerage undertakers85 Authority s power to require information86 Water and sewerage undertakers in England.

5 Modifying appointments87 Electronic service of documentsAbstraction88 Water abstraction: no compensation for certain licence modificationsWater quality89 Water quality: powers of Secretary of State90 Water quality: powers of Welsh Ministers91 Water quality: powers of Northern Ireland department92 Solway Tweed river basin district: power to transfer functions93 Water quality: interpretationLand drainage94 Valuation of other land in drainage district: EnglandEnvironment Act 2021 (c. 30)v95 Valuation of other land in drainage district: Wales96 Valuation of agricultural land in drainage district: England and Wales97 Disclosure of Revenue and Customs informationPART 6 NATURE AND BIODIVERSITYB iodiversity gain in planning98 Biodiversity gain as condition of planning permission99 Biodiversity gain in nationally significant infrastructure projects100 Biodiversity gain site register101 Biodiversity creditsBiodiversity objective and reporting102 General duty to conserve and enhance biodiversity103 Biodiversity reportsLocal nature recovery strategies104 Local nature recovery strategies for England105 Preparation of local nature recovery strategies106 Content of local nature recovery strategies107 Information to be provided by the Secretary of State108 InterpretationConservation109 Species conservation strategies110 Protected site strategies111 Wildlife conservation.

6 LicencesHabitats Regulations112 Habitats Regulations: power to amend general duties113 Habitats Regulations: power to amend Part 6 Tree felling and planting114 Controlling the felling of trees in England115 Local highway authorities in England to consult before felling street treesUse of forest risk commodities in commercial activity116 Use of forest risk commodities in commercial activityEnvironment Act 2021 (c. 30)viPART 7 CONSERVATION COVENANTSC reation of conservation covenant117 Conservation covenant agreements118 Conservation covenants119 Responsible bodiesEffect of conservation covenant120 Local land charge121 Duration of obligation under conservation covenant122 Benefit and burden of obligation of landowner123 Benefit of obligation of responsible bodyBreach and enforcement124 Breach of obligation125 Enforcement of obligation126 Defences to breach of obligationDischarge and modification127 Discharge of obligation of landowner by agreement128 Discharge of obligation of responsible body by agreement129 Modification of obligation by agreement130 Discharge or modification of obligation by Upper TribunalReplacement etc of responsible body131 Power of responsible body to appoint replacement132 Body ceasing to be a responsible bodyMiscellaneous133 Effect of acquisition or disposal of affected land by

7 Responsible body134 Effect of deemed surrender and re-grant of qualifying estate135 Declarations about obligations under conservation covenants136 Duty of responsible bodies to make annual returnSupplementary137 Crown application138 Index of defined terms in Part 7139 Consequential amendments relating to Part 7 Environment Act 2021 (c. 30)viiPART 8 MISCELLANEOUS AND GENERAL PROVISIONSR egulation of chemicals140 Amendment of REACH legislationConcurrent functions in Wales141 Amendments of Schedule 7B to the Government of Wales Act 2006 General provisions142 Consequential provision143 Regulations144 Crown application145 Financial provisions146 Extent147 Commencement148 Transitional or saving provision149 Short titleSchedule 1 The Office for Environmental ProtectionSchedule 2 Improving the natural Environment : Northern IrelandPart 1 Environmental improvement plansPart 2 Policy statement on environmental principlesPart 3 InterpretationSchedule 3 The Office for Environmental Protection.

8 Northern IrelandPart 1 The OEP s Northern Ireland functionsPart 2 Amendments of the OEP s general functionsSchedule 4 Producer responsibility obligationsPart 1 RequirementsPart 2 EnforcementSchedule 5 Producer responsibility for disposal costsPart 1 RequirementsPart 2 EnforcementSchedule 6 Resource efficiency informationPart 1 RequirementsPart 2 EnforcementSchedule 7 Resource efficiency requirementsPart 1 RequirementsPart 2 EnforcementSchedule 8 Deposit schemesSchedule 9 Charges for single use itemsSchedule 10 Enforcement powersSchedule 11 Local air quality management frameworkSchedule 12 Smoke control in England and WalesPart 1 Principal amendments to the clean Air Act 1993 : EnglandPart 2 Principal amendments to the clean Air Act 1993 : WalesPart 3 Minor and consequential amendmentsEnvironment Act 2021 (c. 30)viiiPart 4 Smoke control areas in England: transitional provisionSchedule 13 Modifying water and sewerage undertakers appointments.

9 Procedure for appealsSchedule 14 Biodiversity gain as condition of planning permissionPart 1 Biodiversity gain conditionPart 2 Consequential amendmentsSchedule 15 Biodiversity gain in nationally significant infrastructureprojectsPart 1 Principal amendments to the Planning Act 2008 Part 2 Supplementary amendments to the Planning Act 2008 Schedule 16 Controlling the felling of trees in EnglandSchedule 17 Use of forest risk commodities in commercial activityPart 1 RequirementsPart 2 EnforcementPart 3 General provisionsSchedule 18 Discharge or modification of obligations under conservationcovenantsPart 1 Discharge by Upper TribunalPart 2 Modification by Upper TribunalSchedule 19 Application of Part 7 to Crown landPart 1 GeneralPart 2 Conservation covenants relating to Crown land held by aperson other than the appropriate authorityPart 3 Other modifications of Part 7 Schedule 20 Consequential amendments relating to Part 7 Schedule 21 Amendment of REACH legislationELIZABETH IIc.

10 30 Environment Act 20212021 CHAPTER 30An Act to make provision about targets, plans and policies for improving thenatural Environment ; for statements and reports about environmentalprotection; for the Office for Environmental Protection; about waste andresource efficiency; about air quality; for the recall of products that fail to meetenvironmental standards; about water; about nature and biodiversity; forconservation covenants; about the regulation of chemicals; and for connectedpurposes.[9th November 2021]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 ENVIRONMENTAL GOVERNANCECHAPTER 1 IMPROVING THE NATURAL ENVIRONMENTE nvironmental targets1 Environmental targets(1)The Secretary of State may by regulations set long-term targets in respect ofany matter which relates to (a)the natural Environment , or(b)people s enjoyment of the natural Environment .