Legal background
- A large proportion of UK environmental law has been derived from the EU, and its implementation was monitored and enforced by EU mechanisms and institutions, mainly the European Commission until 31 December 2020. This Act will provide for a new policy statement setting out the environmental principles that will guide environmental policy-making and legislation, in a similar way to EU principles. The Act will also provide for a domestic replacement for the scrutiny and enforcement function of the European Commission.
- The European Union (Withdrawal) Act 2018 provided for legislation derived from the EU to form part of retained EU law upon the UK’s departure from the EU. The European Union (Withdrawal Agreement) Act 2020 made provision for the conversion of EU law into retained EU law to take place at the end of the transition period rather than on exit day. The Act provides powers to amend retained EU law in relation to several areas, including the regulation of chemicals and water quality.
- The Act also makes provision for new domestic policy to improve air quality, conserve and enhance nature, improve the management of resources and waste and modernise water regulation. The following significant domestic legislation is referenced or amended by this Act:
- Forestry Act 1967
- Highways Act 1980
- Environmental Protection Act 1990
- Town and Country Planning Act 1990
- Land Drainage Act 1991
- Water Industry Act 1991
- Water Resources Act 1991
- Clean Air Act 1993
- Environment Act 1995
- Pollution Prevention and Control Act 1999
- Water Act 2003
- Natural Environment and Rural Communities Act 2006
- Climate Change Act 2008
- Water Act 2014
- Conservation of Habitats and Species Regulations 2017
