Environment Act 2021
PART 1
Environmental governance
CHAPTER 1
Improving the natural environment
Environmental targets
1
Environmental targets
2
Environmental targets: particulate matter
3
Environmental targets: species abundance
4
Environmental targets: process
5
Environmental targets: effect
6
Environmental targets: reporting duties
7
Environmental targets: review
Environmental improvement plans
8
Environmental improvement plans
9
Annual reports on environmental improvement plans
10
Reviewing and revising environmental improvement plans
11
Reviewing and revising plans: interim targets
12
Reviewing and revising plans: other requirements
13
Renewing environmental improvement plans
14
Renewing plans: interim targets
15
Renewing plans: other requirements
Environmental monitoring
16
Environmental monitoring
Policy statement on environmental principles
17
Policy statement on environmental principles
18
Policy statement on environmental principles: process
19
Policy statement on environmental principles: effect
Environmental protection: statements and reports
20
Statements about Bills containing new environmental law
21
Reports on international environmental protection legislation
CHAPTER 2
The Office for Environmental Protection
The Office for Environmental Protection
22
The Office for Environmental Protection
23
Principal objective of the OEP and exercise of its functions
24
The OEP’s strategy: process
25
Guidance on the OEP’s enforcement policy and functions
26
Memorandum of understanding
27
Co-operation duties of public authorities and the OEP
The OEP's scrutiny and advice functions
28
Monitoring and reporting on environmental improvement plans and targets
29
Monitoring and reporting on environmental law
30
Advising on changes to environmental law etc
The OEP's enforcement functions
31
Failure of public authorities to comply with environmental law
32
Complaints
33
Investigations
34
Duty to keep complainants informed
35
Information notices
36
Decision notices
37
Linked notices
38
Environmental review
39
Judicial review: powers to apply in urgent cases and to intervene
40
Duty of the OEP to involve the relevant Minister
41
Public statements
Information
42
Disclosures to the OEP
43
Confidentiality of proceedings
CHAPTER 3
Interpretation of Part 1
44
Meaning of “natural environment”
45
Meaning of “environmental protection”
46
Meaning of “environmental law”
47
Interpretation of Part 1: general
PART 2
Environmental governance: Northern Ireland
48
Improving the natural environment: Northern Ireland
49
The Office for Environmental Protection: Northern Ireland
PART 3
Waste and resource efficiency
Producer responsibility
50
Producer responsibility obligations
51
Producer responsibility for disposal costs
Resource efficiency
52
Resource efficiency information
53
Resource efficiency requirements
54
Deposit schemes
55
Charges for single use items
56
Charges for carrier bags
Managing waste
57
Separation of waste
58
Electronic waste tracking: Great Britain
59
Electronic waste tracking: Northern Ireland
60
Hazardous waste: England and Wales
61
Hazardous waste: Northern Ireland
62
Transfrontier shipments of waste
63
Regulations under the Environmental Protection Act 1990
Waste enforcement and regulation
64
Powers to make charging schemes
65
Waste charging: Northern Ireland
66
Enforcement powers
67
Enforcement powers: Northern Ireland
68
Littering enforcement
69
Fixed penalty notices
70
Regulation of polluting activities
71
Waste regulation: amendment of Northern Ireland Order
PART 4
Air quality and environmental recall
Air quality
72
Local air quality management framework
73
Smoke control areas: amendments of the Clean Air Act 1993
Environmental recall of motor vehicles etc
74
Environmental recall of motor vehicles etc
75
Compulsory recall notices
76
Further provision about regulations under section 74
77
Interpretation of sections 74 to 76
PART 5
Water
Plans and proposals
78
Water resources management plans, drought plans and joint proposals
79
Drainage and sewerage management plans
Storm overflows
80
Storm overflows
81
Reporting on discharges from storm overflows
82
Monitoring quality of water potentially affected by discharges
83
Reduction of adverse impacts of storm overflows
84
Report on elimination of discharges from storm overflows
Regulation of water and sewerage undertakers
85
Authority’s power to require information
86
Water and sewerage undertakers in England: modifying appointments
87
Electronic service of documents
Abstraction
88
Water abstraction: no compensation for certain licence modifications
Water quality
89
Water quality: powers of Secretary of State
90
Water quality: powers of Welsh Ministers
91
Water quality: powers of Northern Ireland department
92
Solway Tweed river basin district: power to transfer functions
93
Water quality: interpretation
Land drainage
94
Valuation of other land in drainage district: England
95
Valuation of other land in drainage district: Wales
96
Valuation of agricultural land in drainage district: England and Wales
97
Disclosure of Revenue and Customs information
PART 6
Nature and biodiversity
Biodiversity gain in planning
98
Biodiversity gain as condition of planning permission
99
Biodiversity gain in nationally significant infrastructure projects
100
Biodiversity gain site register
101
Biodiversity credits
Biodiversity objective and reporting
102
General duty to conserve and enhance biodiversity
103
Biodiversity reports
Local nature recovery strategies
104
Local nature recovery strategies for England
105
Preparation of local nature recovery strategies
106
Content of local nature recovery strategies
107
Information to be provided by the Secretary of State
108
Interpretation
Conservation
109
Species conservation strategies
110
Protected site strategies
111
Wildlife conservation: licences
Habitats Regulations
112
Habitats Regulations: power to amend general duties
113
Habitats Regulations: power to amend Part 6
Tree felling and planting
114
Controlling the felling of trees in England
115
Local highway authorities in England to consult before felling street trees
Use of forest risk commodities in commercial activity
116
Use of forest risk commodities in commercial activity
PART 7
Conservation covenants
Creation of conservation covenant
117
Conservation covenant agreements
118
Conservation covenants
119
Responsible bodies
Effect of conservation covenant
120
Local land charge
121
Duration of obligation under conservation covenant
122
Benefit and burden of obligation of landowner
123
Benefit of obligation of responsible body
Breach and enforcement
124
Breach of obligation
125
Enforcement of obligation
126
Defences to breach of obligation
Discharge and modification
127
Discharge of obligation of landowner by agreement
128
Discharge of obligation of responsible body by agreement
129
Modification of obligation by agreement
130
Discharge or modification of obligation by Upper Tribunal
Replacement etc of responsible body
131
Power of responsible body to appoint replacement
132
Body ceasing to be a responsible body
Miscellaneous
133
Effect of acquisition or disposal of affected land by responsible body
134
Effect of deemed surrender and re-grant of qualifying estate
135
Declarations about obligations under conservation covenants
136
Duty of responsible bodies to make annual return
Supplementary
137
Crown application
138
Index of defined terms in Part 7
139
Consequential amendments relating to Part 7
PART 8
Miscellaneous and general provisions
Regulation of chemicals
140
Amendment of REACH legislation
Concurrent functions in Wales
141
Amendments of Schedule 7B to the Government of Wales Act 2006
General provisions
142
Consequential provision
143
Regulations
144
Crown application
145
Financial provisions
146
Extent
147
Commencement
148
Transitional or saving provision
149
Short title
SCHEDULES
SCHEDULE 1
The Office for Environmental Protection
1
Membership
2
Appointment of non-executive members
3
Appointment of executive members
4
Interim chief executive
5
Terms of membership
6
Remuneration of non-executive members
7
Staffing and remuneration
8
Powers
9
Committees
10
Delegation to members, committees and employees
11
Procedure
12
Funding
13
Annual report
14
Annual accounts
15
Meaning of “financial year”
16
Status
17
Independence of the OEP
18
Disqualification from membership of legislatures
19
In Part 2 of Schedule 1 to the Northern Ireland...
20
Public records
21
Freedom of Information
22
Investigation by the Parliamentary Commissioner
23
Public sector equality duty
SCHEDULE 2
Improving the natural environment: Northern Ireland
PART 1
Environmental improvement plans
1
Environmental improvement plans
2
Annual reports on environmental improvement plans
3
Reviewing and revising environmental improvement plans
4
Renewing environmental improvement plans
5
Environmental monitoring
PART 2
Policy statement on environmental principles
6
Policy statement on environmental principles
7
Policy statement on environmental principles: process
8
Policy statement on environmental principles: effect
PART 3
Interpretation
9
Meaning of “natural environment”
10
Meaning of “environmental protection”
11
General interpretation
SCHEDULE 3
The Office for Environmental Protection: Northern Ireland
PART 1
The OEP’s Northern Ireland functions
1
Monitoring and reporting on the Department’s environmental improvement plans
2
Monitoring and reporting on environmental law
3
Advising on changes to Northern Ireland environmental law etc
4
Failure of relevant public authorities to comply with environmental law
5
Meaning of relevant environmental law, relevant public authority etc
6
Complaints about relevant public authorities
7
Investigations: relevant public authorities
8
Duty to keep complainants informed
9
Information notices
10
Decision notices
11
Linked notices
12
Review application
13
Judicial review: powers to apply to prevent serious damage and to intervene
14
Duty of the OEP to involve the relevant department
15
Public statements
16
Disclosures to the OEP
17
Confidentiality of proceedings
18
Meaning of UK environmental law and Northern Ireland environmental law
19
Interpretation of Part 1 of this Schedule: general
PART 2
Amendments of the OEP’s general functions
20
This Act is amended in accordance with paragraphs 21 to...
21
(1) Section 23 (principal objective of the OEP and exercise...
22
In section 24 (the OEP’s strategy: process), in subsection (1)(a)...
23
(1) Section 25 (guidance on the OEP’s enforcement policy and...
24
After section 25 (guidance on the OEP’s enforcement policy and...
25
(1) Section 27 (co-operation duties of public authorities and the...
26
In section 37 (linked notices), after subsection (6) insert—
27
(1) Section 43 (confidentiality of proceedings) is amended as follows....
28
(1) Section 47 (interpretation of Part 1 of the Act)...
29
(1) Schedule 1 is amended as follows.
30
(1) Schedule 2 (improving the natural environment: Northern Ireland) is...
SCHEDULE 4
Producer responsibility obligations
PART 1
Requirements
1
General power
2
Examples of provision that may be made
3
Registration of persons subject to producer responsibility obligations
4
Compliance schemes
5
Registration of compliance schemes
6
Power to direct compliance scheme operators
7
Certificates of compliance
8
Consultation etc requirements
9
(1) Before making regulations under this Part of this Schedule...
10
The relevant national authority must exercise the power to make...
11
Interpretation
PART 2
Enforcement
12
General power
13
Powers to confer functions
14
Monitoring compliance
15
Records and information
16
Powers of entry etc
17
Sanctions
18
Part 2 regulations may include provision for the imposition of...
19
Charges and costs
20
Consultation requirement
SCHEDULE 5
Producer responsibility for disposal costs
PART 1
Requirements
1
General power
2
“Disposal costs” and “disposal”
3
Calculation of sums payable
4
Administration
5
Registration
6
Payment of sums
7
Distribution of sums paid
8
Repayment of sums paid
9
Charges
10
Consultation requirements
PART 2
Enforcement
11
General power
12
Powers to confer functions
13
Monitoring compliance
14
Records and information
15
Powers of entry etc
16
Sanctions
17
Charges and costs
18
Consultation requirements
SCHEDULE 6
Resource efficiency information
PART 1
Requirements
1
General power
2
Meaning of “information about resource efficiency”
3
Persons on whom requirements may be imposed
4
Examples of provision that may be made
5
Consultation etc requirements
6
Interpretation
PART 2
Enforcement
7
General power
8
Powers to confer functions
9
Monitoring compliance
10
Records and information
11
Powers of entry etc
12
Sanctions
13
Costs
14
Consultation requirement
SCHEDULE 7
Resource efficiency requirements
PART 1
Requirements
1
General power
2
Meaning of “resource efficiency requirements”
3
Persons on whom requirements may be imposed
4
Examples of provision that may be made
5
Consultation etc requirements
6
Interpretation
PART 2
Enforcement
7
General power
8
Powers to confer functions
9
Monitoring compliance
10
Records and information
11
Powers of entry etc
12
Sanctions
13
Costs
14
Consultation requirement
SCHEDULE 8
Deposit schemes
1
Power to establish deposit schemes
2
Scheme suppliers
3
Scheme collectors
4
Deposit scheme administrators
5
Enforcement
6
Interpretation
SCHEDULE 9
Charges for single use items
1
General power
2
Requirement to charge
3
Sellers of goods and services
4
Amount of charge
5
Administration
6
Registration
7
Record-keeping and publication of records
8
Enforcement
9
Civil sanctions
SCHEDULE 10
Enforcement powers
1
Powers to search and seize vehicles in connection with waste offences
2
In section 34B(6) of the Environmental Protection Act 1990 (constable’s...
3
Powers of direction in relation to waste
4
Powers of entry in relation to pollution control etc
5
(1) Section 108 (powers of enforcing authorities and their authorised...
6
(1) Schedule 18 (supplemental provision about powers of entry) is...
SCHEDULE 11
Local air quality management framework
1
The Environment Act 1995 is amended as follows.
2
(1) Section 80 (national air quality strategy) is amended as...
3
After that section insert— Duty to report on air quality...
4
After section 81 insert— Functions of relevant public authorities etc...
5
(1) Section 82 (local authority reviews) is amended as follows....
6
After section 83 insert— Duties of English local authorities in...
7
(1) Section 84 (duties of local authorities in relation to...
8
After section 85 insert— Duty of air quality partners to...
9
(1) Section 86 (functions of county councils for areas for...
10
For section 86A substitute— Role of the Mayor of London...
11
(1) Section 87 (regulations) is amended as follows.
12
In section 88, in subsection (3), after “district councils” insert...
13
In section 91 (interpretation), in subsection (1)—
14
In Schedule 11 (air quality: supplemental provisions), in paragraph 1(2),...
SCHEDULE 12
Smoke control in England and Wales
PART 1
Principal amendments to the Clean Air Act 1993: England
1
The Clean Air Act 1993 is amended as follows.
2
After section 19 insert— Regulation of smoke and fuel in...
3
After Schedule 1 insert— SCHEDULE 1A Penalty for emission of...
4
After section 19A (as inserted by paragraph 2 above)— Acquisition...
5
After section 26 insert— Duty of local authority to reimburse...
6
After section 28 insert— Guidance for local authorities in England...
7
In section 44 (vessels), after subsection (2) insert—
8
In section 56 (rights of entry and inspection etc), for...
PART 2
Principal amendments to the Clean Air Act 1993: Wales
9
The Clean Air Act 1993 is amended as follows.
10
(1) Section 20 (prohibition on emission of smoke in smoke...
11
(1) Section 21 (power to exempt certain fireplaces) is amended...
PART 3
Minor and consequential amendments
12
Minor and consequential amendments to the Clean Air Act 1993
13
(1) Section 18 (declaration of smoke control area by local...
14
(1) Section 20 (prohibition on emission of smoke in smoke...
15
(1) Section 21 (power to exempt certain fireplaces) is amended...
16
(1) Section 22 (exemptions relating to particular areas) is amended...
17
(1) Section 23 (acquisition and sale of unauthorised fuel in...
18
In section 24 (power to require adaptations of fireplaces), in...
19
In section 26 (power to make grants for fireplaces in...
20
In section 27 (references to adaptations)— (a) in the heading,...
21
In section 28 (expenditure on execution of works), in subsection...
22
In section 29 (interpretation)— (a) in the definition of “old...
23
In section 63 (orders and regulations)— (a) in subsection (2),...
24
(1) Schedule 1 (coming into operation of smoke control orders)...
25
Minor amendments to other legislation
PART 4
Smoke control areas in England: transitional provision
26
Where a local authority in England has made a smoke...
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
1
In the Town and Country Planning Act 1990, after section...
2
In that Act, after Schedule 7 insert— SCHEDULE 7A Biodiversity...
PART 2
Consequential amendments
3
(1) The Town and Country Planning Act 1990 is amended...
SCHEDULE 15
Biodiversity gain in nationally significant infrastructure projects
PART 1
Principal amendments to the Planning Act 2008
1
The Planning Act 2008 is amended as follows.
2
In section 103 (Secretary of State is to decide applications),...
3
(1) Section 104 (decisions in cases where national policy statement...
4
(1) Section 105 (decisions in cases where no national policy...
5
After Schedule 2 insert— SCHEDULE 2A Biodiversity gain Section 103...
PART 2
Supplementary amendments to the Planning Act 2008
6
The Planning Act 2008 is amended as follows.
7
In section 37 (applications for orders for development consent), after...
8
In section 120 (what may be included in development consent...
9
(1) Section 232 (orders and regulations) is amended as follows....
SCHEDULE 16
Controlling the felling of trees in England
1
Introductory
2
Penalty for felling without licence: increase of fine
3
Restocking notices to be local land charges
4
Enforcement notices to be local land charges
5
Further enforcement notices for new estate or interest holders
6
Power of court to order restocking after conviction for failure to comply with enforcement notice
7
Service of notices on directors of companies that have estates or interests in land
8
Requiring information from the owner of land
SCHEDULE 17
Use of forest risk commodities in commercial activity
PART 1
Requirements
1
Meaning of “forest risk commodity”
2
Prohibition on using illegally produced commodities
3
Due diligence system
4
Annual report on due diligence system
5
Exemption
6
Guidance
7
Meaning of “regulated person”
PART 2
Enforcement
8
General power
9
Powers to confer functions
10
Monitoring compliance
11
Records and information
12
Powers of entry etc
13
Sanctions
14
Part 2 regulations may include provision for the imposition of...
15
Charges
16
Consultation requirement
PART 3
General provisions
17
Review
18
Interpretation
SCHEDULE 18
Discharge or modification of obligations under conservation covenants
PART 1
Discharge by Upper Tribunal
1
Power to discharge on application by landowner or responsible body
2
(1) The Upper Tribunal may, on the application of the...
3
Deciding whether to discharge
4
Supplementary powers
5
(1) The Upper Tribunal may, if it considers it reasonable...
PART 2
Modification by Upper Tribunal
6
Power to modify on application by landowner or responsible body
7
(1) The Upper Tribunal may, on the application of the...
8
The power under paragraph 6(1) or 7(1) does not include...
9
Deciding whether to modify
10
Supplementary powers
11
(1) The Upper Tribunal may, if it considers it reasonable...
12
Effect of modification
13
Interpretation
SCHEDULE 19
Application of Part 7 to Crown land
PART 1
General
1
Application of Part 7
2
Interpretation
3
Demesne land
4
Land subject to escheat
5
Bona vacantia
PART 2
Conservation covenants relating to Crown land held by a person other than the appropriate authority
6
Agreements for the purposes of section 117
7
Modification of Part 7 in relation to obligations under certain Crown conservation covenants
8
References in Part 7 to an obligation of the landowner...
9
(1) Section 122 has effect with the following modifications in...
10
(1) Section 123 has effect with the following modifications in...
11
In section 129(4)(b) and (5) the references to a successor...
12
In Schedule 18— (a) the references in paragraphs 1(1) and...
PART 3
Other modifications of Part 7
13
Cases 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
14
In section 122— (a) subsections (2)(b), (3) and (4) have...
15
In section 123— (a) subsections (1)(b), (2) and (4) have...
16
(1) In section 129(4)(b) and (5) references to a successor...
17
In Schedule 18— (a) the reference in paragraph 6(1) to...
18
Agreements under section 127(1) and (3)
19
Agreements under section 128(1)
20
Agreements under section 129(1)
21
(1) Sub-paragraph (2) applies where a person who—
SCHEDULE 20
Consequential amendments relating to Part 7
1
Acquisition of Land Act 1981 (c. 67)
2
(1) Section 12 (notice of compulsory purchase by local and...
3
(1) Paragraph 3 of Schedule 1 (notice of compulsory purchase...
4
Housing and Planning Act 2016 (c. 22)
5
(1) Section 203 (power to override easements and other rights)...
6
(1) Section 204 (compensation for overridden easements etc) is amended...
7
In section 205(1) (interpretation), at the appropriate place insert— “obligation...
8
Neighbourhood Planning Act 2017 (c. 20)
9
In section 20 (notice requirements relating to taking temporary possession),...
10
In section 23 (compensation), after subsection (5) insert—
11
(1) Section 27 (powers of acquiring authority in temporary possession...
12
In section 30 (interpretation), at the appropriate place, insert— “obligation...
SCHEDULE 21
Amendment of REACH legislation
1
Amendment of the REACH Regulation
2
Amendment of the REACH Enforcement Regulations 2008
3
Consent of the devolved administrations
4
Requests by devolved administrations for exercise of powers under this Schedule
5
Consultation
6
The protected provisions
7
Other interpretation

Environment Act 2021
2021 Chapter 30
An Act to make provision about targets, plans and policies for improving the natural environment; for statements and reports about environmental protection; for the Office for Environmental Protection; about waste and resource efficiency; about air quality; for the recall of products that fail to meet environmental standards; about water; about nature and biodiversity; for conservation covenants; about the regulation of chemicals; and for connected purposes.
[9th November 2021]
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:—