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The Environment Act 2021 (Commencement No. 10) Regulations 2025
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Statutory Instruments
2025 No. 447
ENVIRONMENTAL PROTECTION
The Environment Act 2021 (Commencement No. 10) Regulations 2025
Made
3rd April 2025
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 147(3) and (10) of the Environment Act 2021(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 10) Regulations 2025.
(2) In these Regulations—
“the Act” means the Environment Act 2021;
“the 1990 Act” means the Town and Country Planning Act 1990(2).
Provisions coming into force on 1st May 2025
2.—(1) The following provisions of the Act come into force on 1st May 2025—
(a)section 98 (biodiversity gain as condition of planning permission) in so far as it relates to the provisions commenced by sub-paragraph (b) of this paragraph;
(b)paragraphs 1 and 2 of Schedule 14 (biodiversity gain as condition of planning permission) in so far as they insert the following provisions of Schedule 7A to the 1990 Act(3), for the purposes mentioned in paragraph (2) of this regulation—
(i)paragraphs 1 and 2;
(ii )paragraphs 5 to 11;
(iii)paragraph 12(1), except paragraph (a) in the definition of “planning authority”;
(iv)paragraph 12(3);
(v)paragraphs 13 to 21.
(2) The purposes referred to in paragraph (1)(b) of this regulation relate to planning permission granted on an application made under Part 13 of the 1990 Act.
Mary Creagh
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
3rd April 2025
Explanatory Note
(This note is not part of the Regulations)
These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the tenth commencement regulations made by the Secretary of State under the Act.
Regulation 2 brings into force on 1st May 2025 specified sections of the Act.
Section 98 of, and paragraphs 1 and 2 of Schedule 14 to, the Act insert Schedule 7A into the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”) (together with section 90A which introduces it). Schedule 7A to the 1990 Act makes provision for a statutory condition to apply to all planning permissions granted in England, subject to a power to grant exceptions. The condition is intended to ensure the biodiversity gain objective is met. The provisions in Schedule 7A to the 1990 Act are commenced so far as they relate to planning permissions granted on application made under Part 13 of the 1990 Act.
An impact assessment has not been published for these Regulations as they have no impact on cost to business, the public or voluntary sectors independent of the provisions 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 Steet, London, SW1P 4DF, United Kingdom.
NOTE AS TO EARLIER COMMENCEMENT Regulations
(This note is not part of the Regulations)
The following provisions of the Environment Act 2021 (c. 30) have been brought into force by commencement Regulations made before the date of these Regulations;
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 7 | 24th January 2022 | S.I. 2022/48 (C. 2) |
| Sections 8 to 15 | 24th January 2022 | S.I. 2022/48 (C. 2) |
| Section 16 | 24th January 2022 | S.I. 2022/48 (C. 2) |
| Section 17 and 18 | 10th May 2022 | S.I. 2022/518 (C.21) |
| Section 19 | 10th May 2022 (partially) | S.I. 2022/518 (C.21) |
| 1st November 2023 (for all remaining purposes) | S.I. 2023/381 (C.18) | |
| Section 20 | 10th May 2022 | S.I. 2022/518 (C.21) |
| Section 21 | 1st April 2022 | S.I. 2022/48 (C.2) |
| Section 22 to 24 | 17th November 2021 | S.I. 2021/1274 (C.72) |
| Section 25 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 26 | 17th November 2021 | S.I. 2021/1274 (C.72) |
| Section 27 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 28 to 30 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 31 to 41 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 42 and 43 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 44 to 47 | 17th November 2021 | S.I. 2021/1274 (C. 72) |
| Section 48 | 25th July 2022 | S.R. 2022 No.54 (C.5) |
| Section 49 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Section 50 | 24th January 2022 (partially) | S.I. 2022/48 (C.2) |
| 28th February 2022 (partially) | S.I. 2022 No. 223 (W.71) (C.10) | |
| 9th November 2022 (for all remaining purposes) | S.S.I 2022/305 (C.18) | |
| Section 51 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Section 52 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Section 53 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Section 54 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Section 55 | 28th February 2022 (for all remaining purposes) | S.R.2022 No.54 (C.5) |
| Section 56 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Section 57 | 17th May 2024 | S.I. 2024/639 (C.40) |
| Section 59 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Section 60 | 24th January 2022 (partially) | S.I. 2022/48 (C.2) |
| 7th March 2022 (for all remaining purposes) | S.I. 2022 No.223 (W.71) (C.10) | |
| Section 61 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Section 62 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 64 | 24th January 2022 (partially) | S.I. 2022/48 (C.2) |
| 7th March 2022 (partially) | S.I. 2022 No. 223 (W.71) (C.10) | |
| 9th November 2022 (partially) | S.S.I. 2022/305 (C.18) | |
| Section 65 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Section 67 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Section 68 | 1st April 2023 (partially) | S.I. 2023/381 (C.18) |
| Section 69 | 1st April 2023 (partially) | S.I. 2023/381 (C.18) |
| Section 71 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Section 72 | 1st May 2022 | S.I. 2022/48 (C.2) |
| Section 73 | 1st May 2022 (partially) | S.I. 2022/48 (C.2) |
| Section 74 to 77 | 17th May 2024 | S.I. 2024/639 (C.40) |
| Section 79 | 1st September 2024 (partially) | S.I. 2024/639 (C.40) |
| Section 81 | 17th May 2024 (partially) | S.I. 2024/639 (C.40) |
| 1st January 2025 (for all remaining purposes) | S.I. 2024/639 (C.40) | |
| Section 82 | 3rd November 2023 (partially) | S.I. 2023/1170 (C.77) |
| 17th May 2024 (for all remaining purposes) | S.I. 2024/639 (C.40) | |
| Section 85 | 10th May 2022 (partially) | S.I. 2022/518 (C.21) |
| Section 86 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 87 | 10th May 2022 (partially) | S.I. 2022/518 (C.21) |
| Section 89 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Section 91 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Section 94 | 29th September 2022 | S.I. 2022/988 (C.75) |
| Section 96 | 29th September 2022 (partially) | S.I. 2022/988 (C.75) |
| Section 98 | 3rd November 2023 (partially) | S.I. 2023/1170 (C.77) |
| 12th February 2024 (partially) | S.I. 2024/44 (C.4) | |
| Section 100 | 3rd November 2023 (partially) | S.I. 2023/1170 (C.77) |
| 12th February 2024 (for all remaining purposes) | S.I. 2024/44 (C.4) | |
| Section 101 | 12th February 2024 | S.I. 2024/44 (C.4) |
| Sections 102 and 103 | 1st January 2024 | S.I. 2022/1266 (C.100) |
| Section 104 to 108 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 109 | 30th September 2022 | S.I. 2022/518 (C.21) |
| Section 110 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 111 | 30th September 2022 | S.I. 2022/518 (C.21) |
| Section 112 and 113 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Section 114 | 1st January 2023 | S.I. 2022/1266 (C.100) |
| Section 115 | 30th November 2023 | S.I. 2023/1170 (C.77) |
| Section 116 | 30th September 2022 (partially) | S.I. 2022/518 (C.21) |
| Part 7 | 30th September 2022 | S.I. 2022/48 (C.2) |
| Section 140 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Schedule 1 | 17th November 2021 | S.I. 2021/1274 (C.72) |
| Schedule 2 | 25th July 2022 (partially) | S.R. 2022 No. 54 (C.5) |
| Schedule 3 | 28th February 2022 | S.R. 2022 No.54 (C.5) |
| Schedule 4 | 24th January 2022 (partially) | S.I. 2022/48 (C.2) |
| 28th February 2022 (partially) | S.R. 2022 No.54 (C.5) | |
| 7th March 2022 (partially) | S.I. 2022 No. 223 (W.71) (C.10) | |
| 9th November 2022 (for all remaining purposes) | S.S.I. 2022/305 (C.18) | |
| Schedule 5 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Schedule 6 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Schedule 7 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Schedule 8 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
| Schedule 9 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54(C.5) |
| Schedule 11 | 1st May 2022 | S.I. 2022/48 (C.2) |
| Schedule 12, Part 1 | 1st May 2022 | S.I. 2022/48 (C.2) |
| Schedule 12, Part 3 | 1st May 2022 | S.I. 2022/48 (C.2) |
| Schedule 13 | 24th January 2022 | S.I. 2022/48 (C.2) |
| Schedule 14 | 3rd November 2023 (partially) | S.I. 2023/1170 (C.77) |
| 12th February 2024 (partially) | S.I. 2024/44 (C.4) | |
| Schedule 16 | 1st January 2023 | S.I. 2022/1266 (C.100) |
| Schedule17 | 30th September 2022 (partially) | S.I. 2022/518 (C.21) |
| Schedule 18 | 30th September 2022 | S.I. 2022/48 (C.2) |
| Schedule 19 | 30th September 2022 | S.I. 2022/48 (C.2) |
| Schedule 20 | 30th September 2022 | S.I. 2022/48 (C.2) |
| Schedule 21 | 28th February 2022 (for all remaining purposes) | S.R. 2022 No.54 (C.5) |
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