EXPLANATORY NOTES Environment Act 2021

1 Published by TSO (The Stationery Off ice), a Williams Lea company, and available f , Telephone, Fax & E-mailTSOPO Box 29, Norwich, NR3 1 GNTelephone orders/General enquiries: 0333 202 5070 Fax orders: 0333 202 5080E-mail: 0333 202 5077 TSO@Blackwell and other Accredited AgentsEXPLANATORY NOTESE nvironment Act 2021 Chapter 30 NOTES Environment ACT 20219780105 602590 ISBN 978-0-10-560259-0 c. 30 EN Environment ACT 2021 EXPLANATORY NOTES What these NOTES do These EXPLANATORY NOTES relate to the Environment Act 2021 (c.)

2 30) which received Royal Assent on 9 November 2021. These EXPLANATORY NOTES have been prepared by the Department for Environment , Food and Rural Affairs (Defra) in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. These EXPLANATORY NOTES explain what each part of the Act will mean in practice; provide background information on the development of policy; and provide additional information on how the Act will affect existing legislation in this area.

3 These EXPLANATORY NOTES might best be read alongside the Act. They are not, and are not intended to be, a comprehensive description of the Act. These EXPLANATORY NOTES relate to the Environment Act 2021 (c. 30) which received Royal Assent on 9 November 2021 2 Table of Contents Subject Page of these NOTES Overview of the Act 11 Policy background 15 Exiting the European Union (EU) 15 Part 1: Environmental Governance 16 Part 2: Environmental Governance: Northern Ireland 17 Part 3: Waste and Resource Efficiency 17 Part 4: Air Quality and Environmental Recall 19 Part 5: Water 20 Part 6: Nature and Biodiversity 21 Part 8.

4 Miscellaneous and General Provisions 22 Legal background 23 Territorial extent and application 24 Commentary on provisions of Act 27 Part 1: Environmental Governance 27 Chapter 1: Improving the natural Environment 27 Section 1: Environmental targets 27 Section 2: Environmental targets: particulate matter 28 Section 3: Environmental targets: species abundance 28 Section 4: Environmental targets: process 28 Section 5: Environmental targets: effect 29 Section 6: Environmental targets: reporting duties 30 Section 7: Environmental targets: review 30 Section 8: Environmental improvement plans 31 Section 9: Annual reports on environmental improvement plans 32 Section 10: Reviewing and revising environmental improvement plans 33 Section 11: Reviewing and revising plans: interim targets 34 Section 12: Reviewing and revising plans: other requirements 35 Section 13: Renewing environmental improvement plans 35 Section 14: Renewing plans: interim targets 36 Section 15: Renewing plans.

5 Other requirements 36 Section 16: Environmental monitoring 37 Section 17: Policy statement on environmental principles 38 Section 18: Policy statement on environmental principles: process 39 Section 19: Policy statement on environmental principles: effect 40 Section 20: Statements about Bills containing new environmental law 41 Section 21: Reports on international environmental protection legislation 42 These EXPLANATORY NOTES relate to the Environment Act 2021 (c. 30) which received Royal Assent on 9 November 2021 3 Chapter 2: The Office for Environmental Protection 42 Section 22: The Office for Environmental Protection 42 Section 23: Principal objective of the OEP and exercise of its functions 42 Section 24: The OEP s strategy: process 44 Section 25: Guidance on the OEP s enforcement policy and functions 45 Section 26: Memorandum of understanding 45 Section 27: Co-operation duties of public authorities and the OEP 46 Section 28.

6 Monitoring and reporting on environmental improvement plans and targets 46 Section 29: Monitoring and reporting on environmental law 48 Section 30: Advising on changes to environmental law etc. 48 Section 31: Failure of public authorities to comply with environmental law 49 Section 32: Complaints 50 Section 33: Investigations 51 Section 34: Duty to keep complainants informed 53 Section 35: Information notices 54 Section 36: Decision notices 55 Section 37: Linked notices 56 Section 38: Environmental review 57 Section 39: Judicial review: powers to apply in urgent cases and to intervene 61 Section 40: Duty of the OEP to involve the relevant Minister 62 Section 41.

7 Public statements 63 Section 42: Disclosures to the OEP 63 Section 43: Confidentiality of proceedings 63 Chapter 3: Interpretation of Part 1 65 Section 44: Meaning of natural Environment 65 Section 45: Meaning of environmental protection 65 Section 46: Meaning of environmental law 65 Section 47: Interpretation of Part 1: general 67 Part 2: Environmental Governance: Northern Ireland 67 Section 48: Improving the natural Environment : Northern Ireland 67 Section 49: The Office for Environmental Protection: Northern Ireland 67 Part 3: Waste and Resource Efficiency 68 Section 50: Producer responsibility obligations 68 Section 51: Producer responsibility for disposal costs 68 Section 52: Resource efficiency information 68 Section 53: Resource efficiency requirements 69 Section 54: Deposit schemes 69 Section 55: Charges for single use plastic items 70 Section 56: Charges for carrier bags 70 Section 57: Separation of waste 71 Section 58: Electronic waste tracking.

8 Great Britain 77 Section 59: Electronic waste tracking: Northern Ireland 79 Section 60: Hazardous waste: England and Wales 81 Section 61: Hazardous waste: Northern Ireland 83 Section 62: Transfrontier shipments of waste 84 Section 63: Regulations under the Environmental Protection Act 1990 86 Section 64: Powers to make charging schemes 88 Section 65: Waste charging: Northern Ireland 89 Section 66: Enforcement powers 90 Section 67: Enforcement powers: Northern Ireland 90 Section 68: Littering enforcement 90 These EXPLANATORY NOTES relate to the Environment Act 2021 (c.)

9 30) which received Royal Assent on 9 November 2021 4 Section 69: Fixed penalty notices 92 Section 70: Regulation of polluting activities 92 Section 71: Waste regulation: amendment of Northern Ireland Order 93 Part 4: Air Quality and Environmental Recall 93 Section 72: Local air quality management framework 93 Section 73: Smoke control areas: amendments of the Clean Air Act 1993 93 Section 74: Environmental recall of motor vehicles etc. 94 Section 75: Compulsory recall notices 94 Section 76: Further provision about regulations under section 74 95 Section 77: Interpretation of sections 74 to 76 95 Part 5: Water 95 Section 78: Water resources management plans, drought plans and joint proposals 95 Section 79: Drainage and sewerage management plans 98 Section 80: Storm overflows 101 Section 81: Reporting on discharges from storm overflows 103 Section 82: Monitoring quality of water potentially affected by discharges 103 Section 83.

10 Reduction of adverse impacts of storm overflows 104 Section 84: Report on elimination of discharges from storm overflows 104 Section 85: Authority s power to require information 104 Section 86: Water and sewerage undertakers in England: modifying appointments 105 Section 87: Electronic service of documents 108 Section 88: Water abstraction: no compensation for certain licence modifications 109 Section 89: Water quality: powers of Secretary of State 111 Section 90: Water quality: powers of Welsh Ministers 112 Section 91: Water quality: powers of Northern Ireland department 112 Section 92: Solway Tweed river basin district: power to transfer functions 112 Section 93: Water quality: interpretation 112 Section 94: Valuation of other land in drainage district: England 112 Section 95: Valuation of other land in drainage district.