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Environment Act 2021

Contents

Territorial extent and application

  1. Section 146 sets out the territorial extent of the sections in the Act. The extent of an Act is the legal jurisdiction where it forms part of the law. The extent of an Act can be different from its application. Application refers to where it has practical effect.
  2. Subject to a small number of exceptions, the Act forms part of the law of England and Wales and applies to England. Around half of the Act’s provisions extend and apply to Wales with a significant number of provisions having Great Britain, UK or England, Wales and Northern Ireland extent. Sections 48, 59, 61, 65, 67, 71, 91 and Schedule 2 form part of the law of Northern Ireland and apply to Northern Ireland only. Sections 90 and 95 apply to Wales only.
  3. There is a convention that Westminster will not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly without the consent of the legislature concerned. The following sections touch on matters that are devolved to Scotland or Wales or transferred to Northern Ireland:
    • section 48 (improving the natural environment: Northern Ireland);
    • section 49 (the Office for Environmental Protection: Northern Ireland);
    • section 50 (producer responsibility obligations);
    • section 51 (producer responsibility for disposal costs);
    • section 52 (resource efficiency information);
    • section 53 (resource efficiency requirements);
    • section 54 (deposit schemes);
    • section 55 (charges for single use items);
    • section 56 (charges for carrier bags);
    • section 58 (electronic waste tracking: Great Britain);
    • section 59 (electronic waste tracking: Northern Ireland);
    • section 60 (hazardous waste: England and Wales);
    • section 61 (hazardous waste: Northern Ireland);
    • section 63 (regulations under the Environmental Protection Act 1990);
    • section 64 (powers to make charging schemes);
    • section 65 (waste charging: Northern Ireland);
    • section 66 (enforcement powers);
    • section 67 (enforcement powers: Northern Ireland);
    • section 68 (littering enforcement);
    • section 69 (fixed penalty notices);
    • section 70 (regulation of polluting activities);
    • section 71 (waste regulation: amendment of Northern Ireland Order);
    • section 72 (local air quality management framework);
    • section 73 (smoke control areas: amendments of the Clean Air Act 1993);
    • section 78 (water resources management plans, drought plans and joint proposals);
    • section 79 (drainage and sewerage management plans);
    • section 85 (authority’s power to require information);
    • section 86 (electronic service of documents);
    • section 89 (water quality: powers of Secretary of State);
    • section 90 (water quality: powers of Welsh Ministers);
    • section 91 (water quality: powers of Northern Ireland department);
    • section 92 (Solway Tweed river basin district: power to transfer functions);
    • section 93 (water quality: interpretation);
    • section 95 (valuation of other land in drainage district: Wales);
    • section 96 (valuation of agricultural land in drainage district: England and Wales);
    • section 97 (disclosure of Revenue and Customs information);
    • section 116 (use of forest risk commodities in commercial activity);
    • section 140 (amendment of REACH legislation);
    • Schedule 2 (Improving the natural environment: Northern Ireland);
    • Schedule 3 (The Office for Environmental Protection: Northern Ireland);
    • Schedule 4 (Producer responsibility obligations);
    • Schedule 5 (Producer responsibility for disposal costs);
    • Schedule 6 (Resource efficiency information);
    • Schedule 7 (Resource efficiency requirements);
    • Schedule 8 (Deposit schemes);
    • Schedule 9 (Charges for single use items);
    • Schedule 10 (Enforcement powers);
    • Schedule 11 (Local air quality management framework);
    • Schedule 12 (Smoke control in England and Wales);
    • Schedule 17 (use of forest risk commodities in commercial activity);
    • and Schedule 21 (amendment of REACH legislation).
  1. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.

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