PART 1Environmental governance

CHAPTER 1Improving the natural environment

Environmental targets

I1I24Environmental targets: process

1

Before making regulations under sections 1 to 3 the Secretary of State must seek advice from persons the Secretary of State considers to be independent and to have relevant expertise.

2

Before making regulations under sections 1 to 3 which set or amend a target the Secretary of State must be satisfied that the target, or amended target, can be met.

3

The Secretary of State may make regulations under sections 1 to 3 which revoke or lower a target (the “existing target”) only if satisfied that—

a

meeting the existing target would have no significant benefit compared with not meeting it or with meeting a lower target, or

b

because of changes in circumstances since the existing target was set or last amended the environmental, social, economic or other costs of meeting it would be disproportionate to the benefits.

4

Before making regulations under sections 1 to 3 which revoke or lower a target the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (3).

5

Regulations lower a target if, to any extent, they—

a

replace the specified standard with a lower standard, or

b

replace the specified date with a later date.

6

Regulations under section 2 may not revoke the PM2.5 air quality target (but may amend it in accordance with this section).

7

For the purposes of this Part a target is met if the specified standard is achieved by the specified date.

8

Regulations under sections 1 to 3 are subject to the affirmative procedure.

9

A draft of a statutory instrument (or drafts of statutory instruments) containing regulations setting—

a

each of the targets required by section 1(2),

b

the PM2.5 air quality target, and

c

the species abundance target,

must be laid before Parliament on or before 31 October 2022.