Environment Act 2021
Environment Act 2021 (2021 c. 30)
- Environment Act 2021 (2021 c. 30)
- PART 1 Environmental governance
- CHAPTER 1 Improving the natural environment
- Environmental targets
- 1 Environmental targets
- 2 Environmental targets: particulate matter
- 3 Environmental targets: species abundance
- 4 Environmental targets: process
- 5 Environmental targets: effect
- 6 Environmental targets: reporting duties
- 7 Environmental targets: review
- Environmental improvement plans
- 8 Environmental improvement plans
- 9 Annual reports on environmental improvement plans
- 10 Reviewing and revising environmental improvement plans
- 11 Reviewing and revising plans: interim targets
- 12 Reviewing and revising plans: other requirements
- 13 Renewing environmental improvement plans
- 14 Renewing plans: interim targets
- 15 Renewing plans: other requirements
- Environmental monitoring
- 16 Environmental monitoring
- Policy statement on environmental principles
- 17 Policy statement on environmental principles
- 18 Policy statement on environmental principles: process
- 19 Policy statement on environmental principles: effect
- Environmental protection: statements and reports
- 20 Statements about Bills containing new environmental law
- 21 Reports on international environmental protection legislation
- CHAPTER 2 The Office for Environmental Protection
- The Office for Environmental Protection
- 22 The Office for Environmental Protection
- 23 Principal objective of the OEP and exercise of its functions
- 24 The OEP’s strategy: process
- 25 Guidance on the OEP’s enforcement policy and functions
- 25A Guidance on the OEP’s Northern Ireland enforcement policy and functions
- 26 Memorandum of understanding
- 27 Co-operation duties of public authorities and the OEP
- The OEP's scrutiny and advice functions
- 28 Monitoring and reporting on environmental improvement plans and targets
- 29 Monitoring and reporting on environmental law
- 30 Advising on changes to environmental law etc
- The OEP's enforcement functions
- 31 Failure of public authorities to comply with environmental law
- 32 Complaints
- 33 Investigations
- 34 Duty to keep complainants informed
- 35 Information notices
- 36 Decision notices
- 37 Linked notices
- 38 Environmental review
- 39 Judicial review: powers to apply in urgent cases and to intervene
- 40 Duty of the OEP to involve the relevant Minister
- 41 Public statements
- Information
- 42 Disclosures to the OEP
- 43 Confidentiality of proceedings
- CHAPTER 3 Interpretation of Part 1
- 44 Meaning of “natural environment”
- 45 Meaning of “environmental protection”
- 46 Meaning of “environmental law”
- 47 Interpretation of Part 1: general
- PART 2 Environmental governance: Northern Ireland
- 48 Improving the natural environment: Northern Ireland
- 49 The Office for Environmental Protection: Northern Ireland
- PART 3 Waste and resource efficiency
- Producer responsibility
- 50 Producer responsibility obligations
- 51 Producer responsibility for disposal costs
- Resource efficiency
- 52 Resource efficiency information
- 53 Resource efficiency requirements
- 54 Deposit schemes
- 55 Charges for single use items
- 56 Charges for carrier bags
- Managing waste
- 57 Separation of waste
- 58 Electronic waste tracking: Great Britain
- 59 Electronic waste tracking: Northern Ireland
- 60 Hazardous waste: England and Wales
- 61 Hazardous waste: Northern Ireland
- 62 Transfrontier shipments of waste
- 63 Regulations under the Environmental Protection Act 1990
- Waste enforcement and regulation
- 64 Powers to make charging schemes
- 65 Waste charging: Northern Ireland
- 66 Enforcement powers
- 67 Enforcement powers: Northern Ireland
- 68 Littering enforcement
- 69 Fixed penalty notices
- 70 Regulation of polluting activities
- 71 Waste regulation: amendment of Northern Ireland Order
- PART 4 Air quality and environmental recall
- Air quality
- 72 Local air quality management framework
- 73 Smoke control areas: amendments of the Clean Air Act 1993
- Environmental recall of motor vehicles etc
- 74 Environmental recall of motor vehicles etc
- 75 Compulsory recall notices
- 76 Further provision about regulations under section 74
- 77 Interpretation of sections 74 to 76
- PART 5 Water
- Plans and proposals
- 78 Water resources management plans, drought plans and joint proposals
- 79 Drainage and sewerage management plans
- Storm overflows
- 80 Storm overflows
- 81 Reporting on discharges from storm overflows
- 82 Monitoring quality of water potentially affected by discharges
- 83 Reduction of adverse impacts of storm overflows
- 84 Report on elimination of discharges from storm overflows
- Regulation of water and sewerage undertakers
- 85 Authority’s power to require information
- 86 Water and sewerage undertakers in England: modifying appointments
- 87 Electronic service of documents
- Abstraction
- 88 Water abstraction: no compensation for certain licence modifications
- Water quality
- 89 Water quality: powers of Secretary of State
- 90 Water quality: powers of Welsh Ministers
- 91 Water quality: powers of Northern Ireland department
- 92 Solway Tweed river basin district: power to transfer functions
- 93 Water quality: interpretation
- Land drainage
- 94 Valuation of other land in drainage district: England
- 95 Valuation of other land in drainage district: Wales
- 96 Valuation of agricultural land in drainage district: England and Wales
- 97 Disclosure of Revenue and Customs information
- PART 6 Nature and biodiversity
- Biodiversity gain in planning
- 98 Biodiversity gain as condition of planning permission
- 99 Biodiversity gain in nationally significant infrastructure projects
- 100 Biodiversity gain site register
- 101 Biodiversity credits
- Biodiversity objective and reporting
- 102 General duty to conserve and enhance biodiversity
- 103 Biodiversity reports
- Local nature recovery strategies
- 104 Local nature recovery strategies for England
- 105 Preparation of local nature recovery strategies
- 106 Content of local nature recovery strategies
- 107 Information to be provided by the Secretary of State
- 108 Interpretation
- Conservation
- 109 Species conservation strategies
- 110 Protected site strategies
- 111 Wildlife conservation: licences
- Habitats Regulations
- 112 Habitats Regulations: power to amend general duties
- 113 Habitats Regulations: power to amend Part 6
- Tree felling and planting
- 114 Controlling the felling of trees in England
- 115 Local highway authorities in England to consult before felling street trees
- Use of forest risk commodities in commercial activity
- 116 Use of forest risk commodities in commercial activity
- PART 7 Conservation covenants
- Creation of conservation covenant
- 117 Conservation covenant agreements
- 118 Conservation covenants
- 119 Responsible bodies
- Effect of conservation covenant
- 120 Local land charge
- 121 Duration of obligation under conservation covenant
- 122 Benefit and burden of obligation of landowner
- 123 Benefit of obligation of responsible body
- Breach and enforcement
- 124 Breach of obligation
- 125 Enforcement of obligation
- 126 Defences to breach of obligation
- Discharge and modification
- 127 Discharge of obligation of landowner by agreement
- 128 Discharge of obligation of responsible body by agreement
- 129 Modification of obligation by agreement
- 130 Discharge or modification of obligation by Upper Tribunal
- Replacement etc of responsible body
- 131 Power of responsible body to appoint replacement
- 132 Body ceasing to be a responsible body
- Miscellaneous
- 133 Effect of acquisition or disposal of affected land by responsible body
- 134 Effect of deemed surrender and re-grant of qualifying estate
- 135 Declarations about obligations under conservation covenants
- 136 Duty of responsible bodies to make annual return
- Supplementary
- 137 Crown application
- 138 Index of defined terms in Part 7
- 139 Consequential amendments relating to Part 7
- PART 8 Miscellaneous and general provisions
- Regulation of chemicals
- 140 Amendment of REACH legislation
- Concurrent functions in Wales
- 141 Amendments of Schedule 7B to the Government of Wales Act 2006
- General provisions
- 142 Consequential provision
- 143 Regulations
- 144 Crown application
- 145 Financial provisions
- 146 Extent
- 147 Commencement
- 148 Transitional or saving provision
- 149 Short title
- SCHEDULES
- SCHEDULE 1 The Office for Environmental Protection
- Membership
- Appointment of non-executive members
- Appointment of executive members
- Interim chief executive
- Terms of membership
- Remuneration of non-executive members
- Staffing and remuneration
- Powers
- Committees
- Delegation to members, committees and employees
- Procedure
- Funding
- Annual report
- Annual accounts
- Meaning of “financial year”
- Status
- Independence of the OEP
- Disqualification from membership of legislatures
- Public records
- Freedom of Information
- Investigation by the Parliamentary Commissioner
- Public sector equality duty
- Meaning of “the Northern Ireland Department”
- SCHEDULE 2 Improving the natural environment: Northern Ireland
- PART 1 Environmental improvement plans
- Environmental improvement plans
- Annual reports on environmental improvement plans
- Reviewing and revising environmental improvement plans
- Renewing environmental improvement plans
- Environmental monitoring
- PART 2 Policy statement on environmental principles
- Policy statement on environmental principles
- Policy statement on environmental principles: process
- Policy statement on environmental principles: effect
- PART 3 Interpretation
- Meaning of “natural environment”
- Meaning of “environmental protection”
- General interpretation
- SCHEDULE 3 The Office for Environmental Protection: Northern Ireland
- PART 1 The OEP’s Northern Ireland functions
- Monitoring and reporting on the Department’s environmental improvement plans
- Monitoring and reporting on environmental law
- Advising on changes to Northern Ireland environmental law etc
- Failure of relevant public authorities to comply with environmental law
- Meaning of relevant environmental law, relevant public authority etc
- Complaints about relevant public authorities
- Investigations: relevant public authorities
- Duty to keep complainants informed
- Information notices
- Decision notices
- Linked notices
- Review application
- Judicial review: powers to apply to prevent serious damage and to intervene
- Duty of the OEP to involve the relevant department
- Public statements
- Disclosures to the OEP
- Confidentiality of proceedings
- Meaning of UK environmental law and Northern Ireland environmental law
- Interpretation of Part 1 of this Schedule: general
- PART 2 Amendments of the OEP’s general functions
- SCHEDULE 4 Producer responsibility obligations
- PART 1 Requirements
- General power
- Examples of provision that may be made
- Registration of persons subject to producer responsibility obligations
- Compliance schemes
- Registration of compliance schemes
- Power to direct compliance scheme operators
- Certificates of compliance
- Consultation etc requirements
- Interpretation
- PART 2 Enforcement
- General power
- Powers to confer functions
- Monitoring compliance
- Records and information
- Powers of entry etc
- Sanctions
- Charges and costs
- Consultation requirement
- SCHEDULE 5 Producer responsibility for disposal costs
- PART 1 Requirements
- General power
- “Disposal costs” and “disposal”
- Calculation of sums payable
- Administration
- Registration
- Payment of sums
- Distribution of sums paid
- Repayment of sums paid
- Charges
- Consultation requirements
- PART 2 Enforcement
- General power
- Powers to confer functions
- Monitoring compliance
- Records and information
- Powers of entry etc
- Sanctions
- Charges and costs
- Consultation requirements
- SCHEDULE 6 Resource efficiency information
- PART 1 Requirements
- General power
- Meaning of “information about resource efficiency”
- Persons on whom requirements may be imposed
- Examples of provision that may be made
- Consultation etc requirements
- Interpretation
- PART 2 Enforcement
- General power
- Powers to confer functions
- Monitoring compliance
- Records and information
- Powers of entry etc
- Sanctions
- Costs
- Consultation requirement
- SCHEDULE 7 Resource efficiency requirements
- PART 1 Requirements
- General power
- Meaning of “resource efficiency requirements”
- Persons on whom requirements may be imposed
- Examples of provision that may be made
- Consultation etc requirements
- Interpretation
- PART 2 Enforcement
- General power
- Powers to confer functions
- Monitoring compliance
- Records and information
- Powers of entry etc
- Sanctions
- Costs
- Consultation requirement
- SCHEDULE 8 Deposit schemes
- Power to establish deposit schemes
- Scheme suppliers
- Scheme collectors
- Deposit scheme administrators
- Enforcement
- Interpretation
- SCHEDULE 9 Charges for single use items
- General power
- Requirement to charge
- Sellers of goods and services
- Amount of charge
- Administration
- Registration
- Record-keeping and publication of records
- Enforcement
- Civil sanctions
- SCHEDULE 10 Enforcement powers
- Powers to search and seize vehicles in connection with waste offences
- Powers of direction in relation to waste
- Powers of entry in relation to pollution control etc
- SCHEDULE 11 Local air quality management framework
- SCHEDULE 12 Smoke control in England and Wales
- PART 1 Principal amendments to the Clean Air Act 1993: England
- PART 2 Principal amendments to the Clean Air Act 1993: Wales
- PART 3 Minor and consequential amendments
- Minor and consequential amendments to the Clean Air Act 1993
- Minor amendments to other legislation
- PART 4 Smoke control areas in England: transitional provision
- SCHEDULE 13 Modifying water and sewerage undertakers’ appointments: procedure for appeals
- SCHEDULE 14 Biodiversity gain as condition of planning permission
- PART 1 Biodiversity gain condition
- PART 2 Consequential amendments
- SCHEDULE 15 Biodiversity gain in nationally significant infrastructure projects
- PART 1 Principal amendments to the Planning Act 2008
- PART 2 Supplementary amendments to the Planning Act 2008
- SCHEDULE 16 Controlling the felling of trees in England
- Introductory
- Penalty for felling without licence: increase of fine
- Restocking notices to be local land charges
- Enforcement notices to be local land charges
- Further enforcement notices for new estate or interest holders
- Power of court to order restocking after conviction for failure to comply with enforcement notice
- Service of notices on directors of companies that have estates or interests in land
- Requiring information from the owner of land
- SCHEDULE 17 Use of forest risk commodities in commercial activity
- PART 1 Requirements
- Meaning of “forest risk commodity”
- Prohibition on using illegally produced commodities
- Due diligence system
- Annual report on due diligence system
- Exemption
- Guidance
- Meaning of “regulated person”
- PART 2 Enforcement
- General power
- Powers to confer functions
- Monitoring compliance
- Records and information
- Powers of entry etc
- Sanctions
- Charges
- Consultation requirement
- PART 3 General provisions
- Review
- Interpretation
- SCHEDULE 18 Discharge or modification of obligations under conservation covenants
- PART 1 Discharge by Upper Tribunal
- Power to discharge on application by landowner or responsible body
- Deciding whether to discharge
- Supplementary powers
- PART 2 Modification by Upper Tribunal
- Power to modify on application by landowner or responsible body
- Deciding whether to modify
- Supplementary powers
- Effect of modification
- Interpretation
- SCHEDULE 19 Application of Part 7 to Crown land
- PART 1 General
- Application of Part 7
- Interpretation
- Demesne land
- Land subject to escheat
- Bona vacantia
- PART 2 Conservation covenants relating to Crown land held by a person other than the appropriate authority
- Agreements for the purposes of section 117
- Modification of Part 7 in relation to obligations under certain Crown conservation covenants
- PART 3 Other modifications of Part 7
- Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority
- Agreements under section 127(1) and (3)
- Agreements under section 128(1)
- Agreements under section 129(1)
- SCHEDULE 20 Consequential amendments relating to Part 7
- Acquisition of Land Act 1981 (c. 67)
- Housing and Planning Act 2016 (c. 22)
- Neighbourhood Planning Act 2017 (c. 20)
- SCHEDULE 21 Amendment of REACH legislation
- Amendment of the REACH Regulation
- Amendment of the REACH Enforcement Regulations 2008
- Consent of the devolved administrations
- Requests by devolved administrations for exercise of powers under this Schedule
- Consultation
- The protected provisions
- Other interpretation
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