Overview of the Act The Environment Act (“the Act”) comprises two thematic halves. The first provides a legal framework for environmental governance. The second makes provision for specific improvement of the environment, including measures on waste and resource efficiency, air quality and environmental recall, water, nature and biodiversity, and conservation The first part of the […]
Category: Environmental
Water
Part 5: Water Section 78: Water resources management plans, drought plans and joint proposals Subsection (1) provides that the following subsections will amend Chapter 1 of Part 3 of the Water Industry Act 1991. Subsection (2) makes a number of changes to section 37A of the Act. Subsection (2)(a) amends the heading of section 37A […]
Environmental Regulator
Commentary on provisions of Act Part 1: Environmental Governance Chapter 1: Improving the natural environment Section 1: Environmental targets Section 1 provides a power for the Secretary of State to set long-term targets by Subsection (1) provides the Secretary of State with a power to set long-term targets in relation to the natural environment and […]
NI Environmental Improvement
Part 2: Environmental Governance: Northern Ireland Section 48: Improving the natural environment: Northern Ireland Section 48 introduces Schedule 2, which includes provision for environmental improvement plans and policy statements on environmental principles in Northern Ireland. Section 49: The Office for Environmental Protection: Northern Ireland Section 49 introduces Schedule 3, which makes provision for the functions […]
NI Environment Regulator
Schedule 3: The Office for Environmental Protection: Northern Ireland 1264 The Office for Environmental Protection’s (OEP’s) functions in Northern Ireland are essentially the same as its functions in England. This is dealt with in the Act in two ways: Substantive Northern Ireland functions of the OEP are provided for in Part 1 of Schedule […]
Producer Responsibility
Schedule 4: Producer responsibility obligations 1401 Schedule 4 makes provision for regulations under which producer responsibility obligations can be imposed on specified persons and in relation to specified products or materials. Producer responsibility is a means by which businesses who place in-scope products or materials on the market are obligated to take greater responsibility for […]
Waste & Reuse
Part 3: Waste and Resource Efficiency Section 50: Producer responsibility obligations Section 50 introduces Schedule 4, which allows the relevant national authority to make regulations about producer responsibility obligations and the enforcement of those Subsections (2) and (3) set out who the “relevant national authority” is. This is the Secretary of State in relation to […]
Enforcement Powers
Schedule 10: Enforcement powers Powers to search and seize vehicles in connection with waste offences 1523 Paragraphs 1 and 2 amend section 5(6) of the Control of Pollution (Amendment) Act 1989 and section 34B(6) of the Environmental Protection Act 1990 respectively. Sub-paragraphs 1(a) and 2(a) make amendments to allow a vehicle seized by the […]
Air Pollution
Part 4: Air Quality and Environmental Recall Section 72: Local air quality management framework This section enacts Schedule 11, which amends Part 4 of the Environment Act 1995. Part 4 creates the Local Air Quality Management Framework. The amendments require the Secretary of State to review the National Air Quality Strategy, which sets out policies […]
Biodiversity
Part 6: Nature and Biodiversity Section 98: Biodiversity gain as condition of planning permission Section 98 refers to Schedule 14, which applies a new general condition to all planning permissions granted in England, subject to exceptions. This condition requires that a biodiversity gain plan must be submitted and approved before development may lawfully Section 99: […]
Forestry
Controlling the felling of trees in England Introductory 1774 This Schedule amends Part 2 of the Forestry Act 1967 (“the 1967 Act”). Penalty for felling without licence: increase of fine 1775 Paragraph 2 amends section 17 to preserve in Wales the current level of fine that the Courts are able to impose (level 4 (£2,500) […]
Crown & REACH
Schedule 19: Application of Part 7 to Crown land Part 1: General 1863 Schedule 19 makes provision for Part 7 to have effect with modifications in certain cases where an interest in Crown land is held by or on behalf of the Crown. Interpretation 1864 Paragraph 2 defines “Crown land” and who is the appropriate […]
Application to UK
Annex A – Territorial extent and application 1893 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 […]
Conservation Covenants
Part 7: Conservation Covenants Section 117: Conservation covenant agreements 1062 Subsection (1) defines a conservation covenant agreement. It is a voluntary, private agreement between a landowner and a “responsible body” (as defined in section 119), executed as a deed by the parties, and containing provision which meets specified conditions as set out in subsection (1)(a). […]