The Environment Act 2021 (Commencement No. 2 and Saving Provision) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the second commencement regulations made under the Act.

Regulation 2 brings into force on 24th January 2022 specified sections of the Act. Sections 1 to 8 provide a framework for environmental targets to be set for specified priority areas, fine particulate matter in ambient air, and species abundance. Sections 4 to 7 provide for the process of setting and amending targets and reporting and reviewing progress. Sections 8 to 15 provide for the preparation, implementation and review of environmental improvement plans and setting of interim targets. Section 16 requires the Secretary of State to obtain and publish data for monitoring environmental improvement.

Section 25 provides that the Secretary of State may issue guidance to the OEP on enforcement policy and functions. Section 27 requires public authorities to co-operate with the OEP and provide such reasonable assistance as the OEP requests. Sections 28 and 29 provide for OEP monitoring and reporting functions in relation to environmental improvement plans, targets and the implementation of environmental law. Section 30 provides for the OEP to advise Ministers of the Crown. Sections 31 to 41 provide for OEP enforcement and other functions in relation to failures by public authorities to comply with environmental law. Sections 42 and 43 provide for disclosure of information to the OEP and confidentiality of OEP proceedings.

Section 50 and Schedule 4 are commenced so far as they relate to England and provide for the Secretary of State to make regulations about producer responsibility obligations and the enforcement of those regulations. Section 60 is commenced so far as relating to England and amends the Environmental Protection Act 1990 (c. 43) to include powers to make regulations on hazardous waste and makes minor amendments to the Environment Act 1995 relating to hazardous waste. Section 62 amends the Environmental Protection Act 1990 to expand existing powers to regulate international waste shipments and makes minor amendments to the Environment Act 1995 and the Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711). Section 64 amends the Environment Act 1995 (c. 25) in so far as it applies to the Environment Agency to supplement existing charging powers.

Section 86 amends Part 2 of the Water Industry Act 1991 (c. 56) and provides for the modification of appointment conditions of water and sewerage undertakers in England. Sections 104 to 108 provide for the creation of Local Nature Recovery Strategies (LNRSs) in England and set out the process by which LNRSs are prepared, published and reviewed. Section 110 provides for Protected Site Strategies for improving the conservation and management of a protected site by Natural England. Sections 112 and 113 provide powers to amend the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

Regulation 3 brings into force on 1st April 2022 section 21 to the Act (reports on international environmental protection legislation).

Regulation 4 brings into force on 1st May 2022 section 72 and Schedule 11 to the Act which amend Part 4 of the Environment Act 1995 (c. 25) to make amended provision for the local air quality management framework for England. Parts 1 and 3 of Schedule 12 and section 73, in so far as it relates to those Parts, are commenced for the purpose of amending the Clean Air Act 1993 (c. 11) to make amended provision about smoke control areas in England and to make minor and consequential amendments.

Regulation 5 brings into force on 30th September 2022 Part 7 (sections 117 to 139) and Schedules 18, 19 and 20 to the Act providing for conservation covenants.

Regulation 6 contains a saving provision for the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871), which were principally made under sections 93 to 95 of the Environment Act 1995 (c. 25), which are repealed by section 50(6) of the Act. It provides for the Regulations to remain in force in relation to England despite the repeal of their enabling power, and to have effect as if made under Schedules 4 and 6 to the Act.

An impact assessment has not been published for these Regulations as they have no impact on costs to business, the public or voluntary sectors independent of the provision these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Street, London, SW1P 4DF, United Kingdom.