Environment Bill
[AS AMENDED ON REPORT]CONTENTSPART 1ENVIRONMENTAL GOVERNANCE
CHAPTER 1
IMPROVING THE NATURAL ENVIRONMENT
Purpose and declaration of biodiversity and climate emergency
1

Purpose and declaration of biodiversity and climate emergency
Environmental targets

2
3
4
5
6
7
8

Environmental targets
Environmental targets: particulate matter
Environmental targets: species abundance
Environmental targets: process
Environmental targets: effectEnvironmental targets: reporting duties
Environmental targets: review
Environmental improvement plans

9
10
11
12
13
14
15
16

Environmental improvement plans
Annual reports on environmental improvement plans
Reviewing and revising environmental improvement plans
Reviewing and revising plans: interim targets
Reviewing and revising plans: other requirements
Renewing environmental improvement plans
Renewing plans: interim targets
Renewing plans: other requirements
Environmental monitoring

17

Environmental monitoring

HL Bill 53

58/2

ii

Environment Bill

Policy statement on environmental principles
18
19
20

Policy statement on environmental principles
Policy statement on environmental principles: process
Policy statement on environmental principles: effectEnvironmental protection: statements and reports

21
22Statements about Bills containing new environmental law
Reports on international environmental protection legislation
CHAPTER 2
THE OFFICE FOR ENVIRONMENTAL PROTECTION
The Office for Environmental Protection

23
24
25
26
27
28

The Office for Environmental Protection
Principal objective of the OEP and exercise of its functions
The OEP’s strategy: process
OEP independence
Memorandum of understanding
Co-operation duties of public authorities and the OEP
The OEP's scrutiny and advice functions

29
30
31

Monitoring and reporting on environmental improvement plans and targets
Monitoring and reporting on environmental law
Advising on changes to environmental law etc
The OEP's enforcement functions

32
33
34
35
36
37
38
39
40
41
42

Failure of public authorities to comply with environmental law
Complaints
Investigations
Duty to keep complainants informed
Information notices
Decision notices
Linked notices
Environmental review
Judicial review: powers to apply in urgent cases and to intervene
Duty of the OEP to involve the relevant Minister
Public statements
Information

43
44

Disclosures to the OEP
Confidentiality of proceedings
CHAPTER 3
INTERPRETATION OF PART 1

45
46

Meaning of “natural environment”
Meaning of “environmental protection”

iii

Environment Bill

47
48

Meaning of “environmental law”
Interpretation of Part 1: general
PART 2ENVIRONMENTAL GOVERNANCE: NORTHERN IRELAND

49
50

Improving the natural environment: Northern Ireland
The Office for Environmental Protection: Northern Ireland
PART 3
WASTE AND RESOURCE EFFICIENCY
Producer responsibility

51
52

Producer responsibility obligations
Producer responsibility for disposal costs
Resource efficiency

53
54
55
56
57

Resource efficiency information
Resource efficiency requirements
Deposit schemes
Charges for single use plastic items
Charges for carrier bags
Managing waste

58
59
60
61
62
63
64

Separation of waste
Electronic waste tracking: Great Britain
Electronic waste tracking: Northern Ireland
Hazardous waste: England and Wales
Hazardous waste: Northern Ireland
Transfrontier shipments of waste
Regulations under the Environmental Protection Act 1990
Waste enforcement and regulation

65
66
67
68
69
70
71
72

Powers to make charging schemes
Waste charging: Northern Ireland
Enforcement powers
Enforcement powers: Northern Ireland
Littering enforcement
Fixed penalty notices
Regulation of polluting activities
Waste regulation: amendment of Northern Ireland Order

iv

Environment Bill

PART 4AIR QUALITY AND ENVIRONMENTAL RECALL
Air quality
73
74
75

Local air quality management framework
Smoke control areas: amendments of the Clean Air Act 1993
Protection of pollinators from pesticides
Environmental recall of motor vehicles etc

76
77
78
79

Environmental recall of motor vehicles etc
Compulsory recall notices
Further provision about regulations under section 76
Interpretation of sections 76 to 78
PART 5
WATER
Plans and proposals

80
81
82
83
84
85

Water resources management plans, drought plans and joint proposals
Drainage and sewerage management plans
Storm overflows
Reporting on discharges from storm overflows
Monitoring quality of water potentially affected by discharges
Report on elimination of discharges from storm overflows
Regulation of water and sewerage undertakers

86
87
88

Authority’s power to require information
Water and sewerage undertakers in England: modifying appointments
Electronic service of documents
Abstraction

89

Water abstraction: no compensation for certain licence modifications
Water quality

90
91
92
93
94

Water quality: powers of Secretary of State
Water quality: powers of Welsh Ministers
Water quality: powers of Northern Ireland department
Solway Tweed river basin district: power to transfer functions
Water quality: interpretation
Land drainage

95
96
97
98

Valuation of other land in drainage district: England
Valuation of other land in drainage district: Wales
Valuation of agricultural land in drainage district: England and Wales
Disclosure of Revenue and Customs information

v

Environment Bill

PART 6
NATURE AND BIODIVERSITY
Biodiversity gain in planning
99
100
101
102

Biodiversity gain as condition of planning permission
Biodiversity gain in nationally significant infrastructure projects
Biodiversity gain site register
Biodiversity credits
Biodiversity objective and reporting

103
104

General duty to conserve and enhance biodiversity
Biodiversity reports
Local nature recovery strategies

105
106
107
108
109

Local nature recovery strategies for England
Preparation of local nature recovery strategies
Content of local nature recovery strategies
Information to be provided by the Secretary of State
Interpretation
Conservation

110
111
112

Species conservation strategies
Protected site strategies
Wildlife conservation: licences
Habitats Regulations

113
114
115

Habitats Regulations: power to amend general duties
Habitats Regulations: power to amend Part 6
Habitats Regulations: limits on powers to amend
Tree felling and planting

116
117
118

Controlling the felling of trees in England
Duty to implement an enhanced protection standard for ancient woodland in
England
Local highway authorities in England to consult before felling street trees
Use of forest risk commodities in commercial activity

119

Use of forest risk commodities in commercial activity
PART 7CONSERVATION COVENANTS
Creation of conservation covenant

120

Conservation covenant agreements

vi

Environment Bill

121
122

Conservation covenants
Responsible bodies
Effect of conservation covenant

123
124
125
126

Local land charge
Duration of obligation under conservation covenant
Benefit and burden of obligation of landowner
Benefit of obligation of responsible body
Breach and enforcement

127
128
129

Breach of obligation
Enforcement of obligation
Defences to breach of obligation
Discharge and modification

130
131
132
133

Discharge of obligation of landowner by agreement
Discharge of obligation of responsible body by agreement
Modification of obligation by agreement
Discharge or modification of obligation by Upper Tribunal
Replacement etc of responsible body

134
135

Power of responsible body to appoint replacement
Body ceasing to be a responsible body
Miscellaneous

136
137
138
139

Effect of acquisition or disposal of affected land by responsible body
Effect of deemed surrender and re-grant of qualifying estate
Declarations about obligations under conservation covenants
Duty of responsible bodies to make annual return
Supplementary

140
141
142

Crown application
Index of defined terms in Part 7
Consequential amendments relating to Part 7
PART 8MISCELLANEOUS AND GENERAL PROVISIONSRegulation of chemicals

143

Amendment of REACH legislation
Concurrent functions in Wales

144

Amendments of Schedule 7B to the Government of Wales Act 2006

vii

Environment Bill

General provisions
145
146
147
148
149
150
151
152

Consequential provision
Regulations
Crown application
Financial provisions
ExtentCommencement
Transitional or saving provision
Short title

Schedule 1 — The Office for Environmental Protection
Schedule 2 — Improving the natural environment: Northern IrelandPart 1 — Environmental improvement plans
Part 2 — Policy statement on environmental principles
Part 3 — Interpretation
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions
Part 2 — Amendments of the OEP’s general functions
Schedule 4 — Producer responsibility obligations
Part 1 — Requirements
Part 2 — Enforcement
Schedule 5 — Producer responsibility for disposal costs
Part 1 — Requirements
Part 2 — Enforcement
Schedule 6 — Resource efficiency information
Part 1 — Requirements
Part 2 — Enforcement
Schedule 7 — Resource efficiency requirements
Part 1 — Requirements
Part 2 — Enforcement
Schedule 8 — Deposit schemes
Schedule 9 — Charges for single use plastic items
Schedule 10 — Enforcement powers
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: EnglandPart 2 — Principal amendments to the Clean Air Act 1993: Wales
Part 3 — Minor and consequential amendments
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
Schedule 17 — Use of forest risk commodities in commercial activity

viii

Environment Bill

Part 1 — Requirements
Part 2 — Enforcement
Part 3 — General provisions
Schedule 18 — Discharge or modification of obligations under conservation
covenants
Part 1 — Discharge by Upper Tribunal
Part 2 — Modification by Upper Tribunal
Schedule 19 — Application of Part 7 to Crown landPart 1 — General
Part 2 — Conservation covenants relating to Crown land held by aperson other than the appropriate authority
Part 3 — Other modifications of Part 7
Schedule 20 — Consequential amendments relating to Part 7
Schedule 21 — Amendment of REACH legislation

1

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environmentA

BILL[AS AMENDED ON REPORT]TO

Make provision about targets, plans and policies for improving the naturalenvironment; for statements and reports about environmental protection; for
the Office for Environmental Protection; about waste and resource efficiency;
about air quality; for the recall of products that fail to meet environmental
standards; about water; about nature and biodiversity; for conservation
covenants; about the regulation of chemicals; and for connected purposes.

B

E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

PART 1ENVIRONMENTAL GOVERNANCE
CHAPTER 1
IMPROVING THE NATURAL ENVIRONMENT
Purpose and declaration of biodiversity and climate emergency
1

5

Purpose and declaration of biodiversity and climate emergency(1)

The purpose of this Act is to address the biodiversity and climate emergency
domestically and globally.

(2)

As soon as reasonably practicable and no later than one month beginning withthe day on which this Act is passed, the Prime Minister must declare that there
is a biodiversity and climate emergency domestically and globally.

(3)

The Government must have regard to this purpose and declaration when
implementing the provisions of this Act.

HL Bill 53

58/2

10

2

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

Environmental targets
2

Environmental targets(1)

The Secretary of State may by regulations set long-term targets in respect ofany matter which relates to—(a) the natural environment, or(b) people’s enjoyment of the natural environment.

(2)

The Secretary of State must exercise the power in subsection (1) so as to set along-term target in respect of at least one matter within each priority area.

(3)

The priority areas are—(a) air quality;(b) water;(c) biodiversity;(d) resource efficiency and waste reduction;(e) soil health and quality.

(4)

A target set under this section must specify—(a) a standard to be achieved, which must be capable of being objectively
measured, and(b) a date by which it is to be achieved.

(5)

Regulations under this section may make provision about how the matter inrespect of which a target is set is to be measured.

(6)

A target is a “long-term” target if the specified date is no less than 15 years after
the date on which the target is initially set.

(7)

A target under this section is initially set when the regulations setting it comeinto force.

(8)

In this Part the “specified standard” and “specified date”, in relation to a target
under this section, mean the standard and date (respectively) specified undersubsection (4).

(9)

The Secretary of State may not by regulations under this section make any
provision which, if contained in an Act of Senedd Cymru, would be within thelegislative competence of the Senedd.

3

5

10

15

20

25

30

Environmental targets: particulate matter(1)

The Secretary of State must by regulations set a target (“the PM2.5 air quality
target”) in respect of the annual mean level of PM2.5 in ambient air.

(2)

The PM2.5 air quality target must—(a) be less than or equal to 10µg/m3,(b) so far as practicable, follow World Health Organization guidelines, and(c) have an attainment deadline on or before 1 January 2030.

(3)

In this section “PM2.5” means particulate matter with an aerodynamic diameternot exceeding 2.5 micrometres.

(4)

Regulations setting the PM2.5 air quality target may make provision defining“ambient air”.

35

40

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

3(5)The duty in subsection (1) is in addition to (and does not discharge) the duty insection 2(2) to set a long-term target in relation to air quality.

(6)

Section 2(4) to (9) applies to the PM2.5 air quality target and to regulations
under this section as it applies to targets set under section 2 and to regulations
under that section.

(7)

4

5

In this Part “the PM2.5 air quality target” means the target set under subsection(1).
Environmental targets: species abundance(1)

The Secretary of State must by regulations set a target (the “species abundancetarget”) in respect of a matter relating to the abundance of species.

(2)

The specified date for the species abundance target must be 31 December 2030.

(3)

Accordingly, the species abundance target is not a long-term target and the
duty in subsection (1) is in addition to (and does not discharge) the duty insection 2(2) to set a long-term target in relation to biodiversity.

(4)

Before making regulations under subsection (1) which set or amend a target the
Secretary of State must be satisfied that meeting the target, or the amended
target, would halt a decline in the abundance of species.

(5)

Section 2(4) to (9) applies to the species abundance target and to regulations
under this section as it applies to targets set under section 2 and to regulations
under that section.

(6)

5

10

15

20

In this Part “the species abundance target” means the target set undersubsection (1).
Environmental targets: process(1)

Before making regulations under sections 2 to 4 the Secretary of State must seek
advice from persons the Secretary of State considers to be independent and tohave relevant expertise.

(2)

Before making regulations under sections 2 to 4 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 2 to 4 which
revoke or lower a target (the “existing target”) only if satisfied that—(a) meeting the existing target would have no significant benefit comparedwith not meeting it or with meeting a lower target, or(b) because of changes in circumstances since the existing target was set orlast amended the environmental, social, economic or other costs ofmeeting it would be disproportionate to the benefits.

(4)

(5)

Before making regulations under sections 2 to 4 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).
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.

25

30

35

40

4

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment(6)

Regulations under section 3 may not revoke the PM2.5 air quality target (butmay amend it in accordance with this section).

(7)

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

(8)

Regulations under sections 2 to 4 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 2(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.

6

5

10

Environmental targets: effectIt is the duty of the Secretary of State to ensure that—(a) targets set under section 2 are met,(b) the PM2.5 air quality target set under section 3 is met,(c) the species abundance target set under section 4 is met, and(d) interim targets are met.

7

15

Environmental targets: reporting duties(1)

Regulations under section 2, 3 or 4 must specify a reporting date for any target
set under that section.

(2)

On or before the reporting date the Secretary of State must lay before
Parliament, and publish, a statement containing the required information
about the target.

(3)

The required information about a target is (as appropriate)—(a) that the target has been met,(b) that the target has not been met, or(c) that the Secretary of State is not yet able to determine whether the target
has been met, the reasons for that and the steps the Secretary of State
intends to take in order to determine whether the target has been met.

(4)

Where the Secretary of State makes a statement that the target has not been met
the Secretary of State must, before the end of the 12 month period beginningwith the date on which the statement is laid, lay before Parliament, andpublish, a report.

(5)

The report must—(a) explain why the target has not been met, and(b) set out the steps the Secretary of State has taken, or intends to take, toensure the specified standard is achieved as soon as reasonably
practicable.

(6)

Where the Secretary of State makes a statement that the Secretary of State is not
yet able to determine whether the target has been met the Secretary of State
must, before the end of the 6 month period beginning with the date on which
the statement is laid, lay before Parliament, and publish, a further statement
containing the required information.

20

25

30

35

40

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

(7)

8

5

Subsections (3) to (6) apply to further statements under subsection (6) as they
apply to a statement under subsection (2).
Environmental targets: review(1)

The Secretary of State must review targets set under sections 2 to 4 inaccordance with this section.

(2)

The purpose of the review is to consider whether the significant improvement
test is met.

(3)

The significant improvement test is met if meeting—(a) the targets set under sections 2 to 4, and(b) any other environmental targets which meet the conditions insubsection (8) and which the Secretary of State considers it appropriate
to take into account,would significantly improve the natural environment in England.

(4)

Having carried out the review the Secretary of State must lay before
Parliament, and publish, a report stating—(a) whether the Secretary of State considers that the significant
improvement test is met, and(b) if the Secretary of State considers that the test is not met, the steps the
Secretary of State intends to take in relation to the powers in sections 2
to 4 to ensure that it is met.

(5)

The first review must be completed by 31 January 2023.

(6)

Subsequent reviews must be completed before the end of the 5 year period
beginning with the day on which the previous review was completed.

(7)

A review is completed when the Secretary of State has laid and published thereport.

(8)

The conditions mentioned in subsection (3)(b) are that—(a) the target relates to an aspect of the natural environment in England or
an area which includes England,(b) it specifies a standard to be achieved which is capable of being
objectively measured,(c) it specifies a date by which the standard is to be achieved, and(d) it is contained in legislation which forms part of the law of England andWales.

(9)In this section “England” includes—(a) the English inshore region, and(b) the English offshore region,
within the meaning of the Marine and Coastal Access Act 2009 (see section 322
of that Act).

5

10

15

20

25

30

35

Environmental improvement plans
9Environmental improvement plans(1)

The Secretary of State must prepare an environmental improvement plan.

40

6Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment(2)

An “environmental improvement plan” is a plan for significantly improving
the natural environment in the period to which the plan relates.

(3)

That period must not be shorter than 15 years.

(4)

An environmental improvement plan must set out the steps Her Majesty’s
Government intends to take to improve the natural environment in the period
to which the plan relates.

(5)

It may also set out steps Her Majesty’s Government intends to take to improve
people’s enjoyment of the natural environment in that period (and if it does soreferences in this Part to improving the natural environment, in relation to that
plan, include improving people’s enjoyment of it).

(6)

The Secretary of State’s functions in relation to environmental improvement
plans are not exercisable in relation to the natural environment in Wales.

(7)

The document entitled “A green future: our 25 year plan to improve theenvironment” published by Her Majesty’s Government on 11 January 2018 is
to be treated as an environmental improvement plan prepared by the Secretaryof State under this section.

(8)

10

References in this Part—(a) to the first environmental improvement plan, are to that document;(b) to the current environmental improvement plan, are to theenvironmental improvement plan for the time being in effect.

5

10

15

20

Annual reports on environmental improvement plans(1)

The Secretary of State must prepare annual reports on the implementation of
the current environmental improvement plan.

(2)

An annual report must—(a) describe what has been done, in the period to which the report relates,
to implement the environmental improvement plan, and(b) consider, having regard to any data obtained under section 17, whether
the natural environment has, or particular aspects of it have, improved
during that period.

25

(3)

In considering the matters in subsection (2)(b) an annual report must consider
the progress that has been made towards achieving—(a) any targets, or any relevant targets, set under sections 2 to 4, and(b) any interim targets, or any relevant interim targets, set under sections
12 and 15.

30

(4)

The first annual report on the first environmental improvement plan may
relate to any 12 month period that includes the day on which this section comes
into force.

35

(5)

The first annual report on a subsequent environmental improvement plan
must relate to the first 12 months of the period to which the plan relates.

(6)

Subsequent annual reports on an environmental improvement plan must
relate to the 12 month period immediately following the 12 month period towhich the previous annual report relates.

40

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

7(7)

An annual report must be laid before Parliament before the end of the 4 month
period beginning immediately after the last day of the period to which thereport relates.

(8)

The Secretary of State must publish annual reports laid before Parliament
under this section.

11

5

Reviewing and revising environmental improvement plans(1)

The Secretary of State must—(a) review the current environmental improvement plan in accordancewith this section, section 12 and section 13, and(b) if the Secretary of State of State is required to revise the plan under
section 12, or considers it appropriate to revise the plan as a result of thereview, revise the plan.

(2)

The period to which a revised plan relates must end at the same time as theperiod to which the current plan relates.

(3)

The first review of the first environmental improvement plan must becompleted by 31 January 2023.

(4)

The first review of a subsequent environmental improvement plan must becompleted before the end of the 5 year period beginning with the day on which
it replaces the previous plan (see section 14(4)).

(5)

Subsequent reviews of an environmental improvement plan must becompleted before the end of the 5 year period beginning with the day on which
the previous review was completed.

(6)

If as a result of a review the Secretary of State revises the environmental
improvement plan, the Secretary of State must lay before Parliament—(a) the revised environmental improvement plan, and(b) a statement explaining the revisions and the reasons for them.

(7)

If as a result of a review the Secretary of State does not revise the environmental
improvement plan, the Secretary of State must lay before Parliament a
statement explaining that and the reasons for it.

(8)

The Secretary of State must publish the documents laid under subsection (6) or
(7).

(9)

A review is completed when the Secretary of State has laid and published the
documents mentioned in subsection (6) or (7).

(10)

References in this Act to an environmental improvement plan include a revised
environmental improvement plan.

12

Reviewing and revising plans: interim targets(1)

On the first review of the first environmental improvement plan, the Secretaryof State must revise the plan so as to—(a) set at least one interim target in respect of each relevant matter, and(b) secure that there is at all times, until the end of the 5 year period
beginning with the relevant date, an interim target set by the plan inrespect of each relevant matter.

10

15

20

25

30

35

40

8

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment(2)

On any other review of an environmental improvement plan, the Secretary ofState must make any revisions to the plan which are necessary in order to—(a) set at least one interim target in respect of any matter that has becomea relevant matter since the previous review, and(b) secure that there is at all times, until the end of the 5 year period
beginning with the relevant date, an interim target set by the plan inrespect of each relevant matter.

(3)

A “relevant matter” means any matter in respect of which there is a target
under sections 2 to 4.

(4)

Subsection (2)(b) does not apply in respect of a matter if the specified date forthe target under sections 2 to 4 in respect of that matter is before the end of the
5 year period beginning with the relevant date.

(5)

On a review of an environmental improvement plan, the Secretary of State mayrevise or replace any interim targets set by the plan in respect of a relevant
matter (subject to subsection (2)(b), where it applies in respect of the matter).

(6)

An interim target in respect of a matter must specify—(a) a standard to be achieved, which must be capable of being objectively
measured, and(b) a date by which it is to be achieved.

(7)

The date must be no later than the end of the 5 year period beginning with—(a) for the first interim target in respect of a matter, the relevant date;(b) for subsequent interim targets in respect of a matter, the later of therelevant date and the date specified for the previous interim target.

(8)

Before setting or revising an interim target in respect of a matter the Secretaryof State must be satisfied that meeting the target, or the revised target, would
make an appropriate contribution towards meeting the target under sections 2
to 4 in respect of that matter.

(9)

The “relevant date” is the date on which the review is completed.

13

5

10

15

20

25

Reviewing and revising plans: other requirements
(1)

(2)

In reviewing an environmental improvement plan under section 11, theSecretary of State must consider—(a) what has been done to implement the plan in the period since it was
published or (if it has been reviewed before) last reviewed,(b) whether, having regard to data obtained under section 17 and reports
made by the OEP under section 29, the natural environment has, orparticular aspects of it have, improved during that period, and(c) whether Her Majesty’s Government should take further or different
steps to improve the natural environment (compared to those set out inthe plan) in the remainder of the period to which the plan relates.

30

In considering the matters in subsection (1)(b) the Secretary of State must
consider the progress that has been made towards meeting—(a) any targets, or any relevant targets, set under sections 2 to 4, and(b) any interim targets, or any relevant interim targets, set under sections
12 and 15.

4035

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

(3)

14

9

In considering the matters in subsection (1)(c) the Secretary of State must
consider whether Her Majesty’s Government should take further or different
steps towards meeting those targets (compared to those set out in the plan).
Renewing environmental improvement plans(1)

Before the end of the period to which an environmental improvement plan (the“old plan”) relates, the Secretary of State must prepare a new environmental
improvement plan (the “new plan”) for a new period in accordance with thissection, section 15 and section 16.

(2)

The new period must begin no later than immediately after the end of theperiod to which the old plan relates.

(3)

At or before the end of the period to which the old plan relates the Secretary ofState must lay before Parliament, and publish, the new plan.

(4)

The new plan replaces the old plan when—(a) it has been laid and published, and(b) the period to which it relates has begun.

15

5

10

15

Renewing plans: interim targets(1)

A new plan prepared by the Secretary of State under section 14 must—(a) set at least one interim target in respect of each relevant matter, and(b) secure that there is at all times, until the end of the 5 year period
beginning with the relevant date, an interim target set by the plan inrespect of each relevant matter.

20

(2)

A “relevant matter” means any matter in respect of which there is a target
under sections 2 to 4.

(3)

Subsection (1) does not apply in respect of a matter if the specified date for thetarget under sections 2 to 4 in respect of that matter is before the end of the 5year period beginning with the relevant date.

(4)

An interim target in respect of a matter must specify—(a) a standard to be achieved, which must be capable of being objectively
measured, and(b) a date by which it is to be achieved.

30

The date must be no later than the end of the 5 year period beginning with—(a) for the first interim target set by the new plan in respect of a matter, therelevant date;(b) for subsequent interim targets set by the new plan in respect of amatter, the date specified for the previous interim target.

35

(5)

(6)

Before setting an interim target in respect of a matter, the Secretary of State
must be satisfied that meeting it would make an appropriate contribution
towards meeting the target under sections 2 to 4 in respect of that matter.

(7)

The “relevant date” is the first day of the period to which the new plan relates.

(8)

In this section references to the “new plan” are to be read in accordance withsection 14.

25

40

10

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

16

Renewing plans: other requirements
(1)

(2)

(3)

(4)

In preparing a new plan under section 14 the Secretary of State must
consider—(a) what has been done to implement the old plan,(b) whether, having regard to data obtained under section 17 and reports
made by the OEP under section 29, the natural environment has
improved since the beginning of the period to which the old plan
relates, and(c) whether Her Majesty’s Government should take further or different
steps (compared to those set out in the old plan) to improve the naturalenvironment in the period to which the new environmental
improvement plan relates.
In considering the matters in subsection (1)(b) the Secretary of State must
consider the progress that has been made towards meeting—(a) any targets set under sections 2 to 4, and(b) any interim targets set under sections 12 and 15.
In considering the matters in subsection (1)(c) the Secretary of State must
consider whether Her Majesty’s Government should take further or different
steps (compared to those set out in the old plan) towards meeting any targets
set under sections 2 to 4.

5

10

15

20

In this section references to the “new plan” and the “old plan” are to be read in
accordance with section 14.
Environmental monitoring

17

Environmental monitoring(1)

The Secretary of State must make arrangements for obtaining such data about
the natural environment as the Secretary of State considers appropriate for the
purpose of monitoring—(a) whether the natural environment is, or particular aspects of it are,improving in accordance with the current environmental improvement
plan,(b) the progress being made towards meeting any targets set under
sections 2 to 4, and(c) the progress being made towards meeting any interim targets set under
section 12 and 15.

25

(2)

The Secretary of State must lay before Parliament, and publish, a statement
setting out the kinds of data to be obtained under subsection (1).

35

(3)

The first statement must be laid before the end of the 4 month period beginningwith the day on which this section comes into force.

(4)

The Secretary of State may revise the statement at any time (and subsection (2)applies to any revised statement).

(5)

The Secretary of State must publish any data obtained under subsection (1).

3040Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

11

Policy statement on environmental principles
18

Policy statement on environmental principles(1)

The Secretary of State must prepare a policy statement on environmental
principles in accordance with this section and section 19.

(2)

A “policy statement on environmental principles” is a statement explaining
how the environmental principles should be interpreted and proportionately
applied by Ministers of the Crown when making policy.

(3)

It may also explain how Ministers of the Crown, when interpreting andapplying the environmental principles, should take into account otherconsiderations relevant to their policy.

(4)

The Secretary of State must be satisfied that the statement will, when it comes
into effect, contribute to—(a) the improvement of environmental protection, and(b) sustainable development.

(5)

In this Part “environmental principles” means the following principles—(a) the principle that environmental protection should be integrated into
the making of policies,(b) the principle of preventative action to avert environmental damage,(c) the precautionary principle, so far as relating to the environment,(d) the principle that environmental damage should as a priority berectified at source, and(e) the polluter pays principle.

19

5

10

15

20

Policy statement on environmental principles: process(1)

The Secretary of State must prepare a draft of the policy statement onenvironmental principles.

(2)

The Secretary of State must consult such persons as the Secretary of State
considers appropriate in relation to the draft statement.

(3)

The Secretary of State must lay the draft statement before Parliament.

(4)

If before the end of the 21 day period—(a) either House of Parliament passes a resolution in respect of the draft
statement, or(b) a committee of either House of Parliament, or a joint committee of bothHouses, makes recommendations in respect of the draft statement,
the Secretary of State must produce a response and lay it before Parliament.

25

30

(5)

The Secretary of State must prepare and lay before Parliament the final
statement, but not before—(a) if subsection (4) applies, the day on which the Secretary of State lays the
response required by that subsection, or(b) otherwise, the end of the 21 day period.

35

(6)

The final statement has effect when it is laid before Parliament.

40

(7)

The Secretary of State must publish the statement when it comes into effect.

12

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment(8)

The “21 day period” is the period of 21 sitting days beginning with the firstsitting day after the day on which the draft statement is laid under subsection
(3).

(9)

“Sitting day” means a day on which both Houses of Parliament sit.

(10)

The requirements in subsections (1) and (2) may be met by the preparation ofa draft statement, and consultation, before this section comes into force.

(11)

The Secretary of State may prepare a revised policy statement onenvironmental principles at any time (and subsections (1) to (9) apply in
relation to any revised statement).

20

Policy statement on environmental principles: effect(1)

A Minister of the Crown must, when making policy, have due regard to thepolicy statement on environmental principles currently in effect.

(2)

Nothing in subsection (1) requires a Minister to do anything (or refrain fromdoing anything) if doing it (or refraining from doing it)—(a) would have no significant environmental benefit, or(b) would be in any other way disproportionate to the environmental
benefit.

(3)

Subsection (1) does not apply to policy so far as relating to Wales.

(4)

Subsection (1) applies to policy relating to Scotland only so far as relating toreserved matters.

(5)

Section 14(2) of the UK Withdrawal from the European Union (Continuity)(Scotland) Act 2021 (asp 4) (UK Ministers must have regard to guiding
principles on the environment in making policies extending to Scotland) does
not apply to policies so far as relating to reserved matters.

(6)

In this section “reserved matters” has the same meaning as in the Scotland Act
1998.

5

10

15

20

25

Environmental protection: statements and reports
21

Statements about Bills containing new environmental law(1)

This section applies where a Minister of the Crown in charge of a Bill in either
House of Parliament is of the view that the Bill as introduced into that House
contains provision which, if enacted, would be environmental law.

(2)

The Minister must, before Second Reading of the Bill in the House in question,
make—(a) a statement to the effect that in the Minister’s view the Bill contains
provision which, if enacted, would be environmental law, and(b) a statement under subsection (3) or (4).

(3)

A statement under this subsection is a statement to the effect that in the
Minister’s view the Bill will not have the effect of reducing the level ofenvironmental protection provided for by any existing environmental law.

(4)

A statement under this subsection is a statement to the effect that—(a) the Minister is unable to make a statement under subsection (3), but

30

35

40

Environment Bill
Part 1 — Environmental governance
Chapter 1 — Improving the natural environment

(b)
(5)

(6)

13

Her Majesty’s Government nevertheless wishes the House to proceedwith the Bill.

In making a statement under this section the Minister may in particular take
into account the possibility that a Bill, by making provision that is different
from existing environmental law, might provide for the same or a greater levelof environmental protection.
For the purposes of this section—(a) references to environmental protection provided for by any existing
environmental law includes any protection which could be provided
for under powers conferred by the existing environmental law, and(b) in considering the effect of a Bill, any powers conferred by the Bill toprovide for any environmental protection may be taken into account.

(7)

A statement under this section must be in writing and be published in suchmanner as the Minister considers appropriate.

(8)“Existing environmental law”, in relation to a statement under this section,means environmental law existing at the time that the Bill to which thestatement relates is introduced into the House in question, whether or not theenvironmental law is in force.

22

5

10

15

Reports on international environmental protection legislation(1)

The Secretary of State must report on developments in international
environmental protection legislation which appear to the Secretary of State tobe significant.

(2)“International environmental protection legislation” means legislation ofcountries and territories outside the United Kingdom, and internationalorganisations, that is mainly concerned with environmental protection.

(3)

The Secretary of State must report under this section in relation to eachreporting period.

(4)

The reporting periods are—(a) the 2 year period beginning with the day on which this section comes
into force, and(b) each subsequent 2 year period.

(5)

(6)

A report under this section may consider—(a) particular countries, territories or international organisations, or(b) particular aspects of environmental protection,
as the Secretary of State considers appropriate.
A report under this section must be laid before Parliament, and published, assoon as reasonably practicable after the end of the reporting period to which it
relates.

20

25

30

35

14

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

CHAPTER 2
THE OFFICE FOR ENVIRONMENTAL PROTECTION
The Office for Environmental Protection
23

The Office for Environmental Protection(1)

A body corporate called the Office for Environmental Protection is established.

(2)

In this Act that body is referred to as “the OEP”.

(3)

Schedule 1 makes further provision about the OEP.

24

5

Principal objective of the OEP and exercise of its functions(1)

The principal objective of the OEP in exercising its functions is to contributeto—(a) environmental protection, and(b) the improvement of the natural environment.

(2)

The OEP must—(a) act objectively and impartially, and(b) have regard to the need to act proportionately and transparently.

(3)

The OEP must prepare a strategy that sets out how it intends to exercise its
functions.

(4)

In particular, the strategy must set out—(a) how the OEP will further its principal objective,(b) how the OEP will act objectively and impartially, and(c) how the OEP will have regard to the need to act proportionately andtransparently.

(5)

(6)

The strategy must also set out—(a) how the OEP intends to avoid any overlap between the exercise of its
functions and the exercise by the Committee on Climate Change of thatcommittee’s functions, and(b) how the OEP intends to co-operate with devolved environmental
governance bodies.
The strategy must contain an enforcement policy that sets out—(a) how the OEP intends to determine whether failures to comply withenvironmental law are serious for the purposes of sections 34(1)(b) and(2)(b), 36(1)(b), 37(1)(b), 39(1)(b) and 40(1)(a) and (7),(b) how the OEP intends to determine whether damage to the naturalenvironment or to human health is serious for the purposes of section
40(2),(c) how the OEP intends to exercise its enforcement functions in a way that
respects the integrity of other statutory regimes (including statutory
provision for appeals),(d) how the OEP intends to avoid any overlap between the exercise of its
functions under sections 33 to 35 (complaints) and the exercise by eachrelevant ombudsman of their functions, and

10

15

20

25

30

35

40

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

(e)
(7)

15

how the OEP intends to prioritise cases.

In considering its enforcement policy the OEP must have regard to theparticular importance of prioritising cases that it considers have or may havenational implications, and the importance of prioritising cases—(a) that relate to ongoing or recurrent conduct,(b) that relate to conduct that the OEP considers may cause (or has caused)serious damage to the natural environment or to human health, or(c) that the OEP considers may raise a point of environmental law ofgeneral public importance.

(8)

The OEP’s “enforcement functions” are its functions under sections 33 to 42.

(9)

For the purposes of this Part, each of the following is a “relevant
ombudsman”—(a) the Commission for Local Administration in England;(b) the Parliamentary Commissioner for Administration.

25

The OEP’s strategy: process(1)

The OEP must—(a) arrange for the strategy prepared under section 24 to be laid before
Parliament, and(b) publish it.

(2)

The OEP may revise the strategy at any time (and subsection (1) applies to any
revised strategy).

(3)

The OEP must review the strategy at least once in every review period.

(4)“Review period” means—(a) in relation to the first review, the period of 3 years beginning with the
day on which the strategy was first published, and(b) in relation to subsequent reviews, the period of 3 years beginning withthe day on which the previous review was completed.

(5)

26
(1)

5

10

15

20

25

Before preparing, revising or reviewing the strategy, the OEP must consult
such persons as it considers appropriate.
OEP independence

30

The OEP has complete discretion in the carrying out of its functions, including
in—(a) preparing its enforcement policy,(b) exercising its enforcement functions, and(c) preparing and publishing its budget.

35

(2)

At the start of each period of multi-annual funding and no later than 1 April
2023, the Secretary of State must lay before Parliament, and publish, astatement setting out the multi-annual budget which they intend to provide to
the OEP.

(3)

The Secretary of State must lay before Parliament, and publish, a statement
responding to any request from the OEP for additional funding due to achange in the body’s responsibilities or functions, within three months of thatrequest being received.

40

16

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

(4)

27

In making or terminating appointments under paragraph 1 and paragraph 5 of
Schedule 1, the Secretary of State must obtain the consent of the Environment,
Food and Rural Affairs and Environmental Audit Committees of the House ofCommons.
Memorandum of understanding(1)

The OEP and the Committee on Climate Change must prepare a memorandumof understanding.

(2)

The memorandum must set out how the OEP and the Committee intend to cooperate with one another and avoid overlap between the exercise by the OEP
of its functions and the exercise by the Committee of its functions.

28

5

10

Co-operation duties of public authorities and the OEP
(1)

(2)

A person whose functions include functions of a public nature must co-operatewith the OEP, and give it such reasonable assistance as it requests (including
the provision of information), in connection with the exercise of its functions
under this Act.
Subsection (1) does not apply to—(a) a court or tribunal,(b) either House of Parliament,(c) a devolved legislature,(d) the Scottish Ministers, the Welsh Ministers, a Northern Ireland
department or a Minister within the meaning of the Northern Ireland
Act 1998,(e) a person exercising a parliamentary function, or(f) a person whose only public functions are devolved functions.

(3)

A person whose public functions include devolved functions is only required
to co-operate with the OEP by virtue of subsection (1) to the extent that cooperation is in relation to functions that are not devolved functions.

(4)

If the OEP considers that a particular exercise of its functions may be relevantto the exercise of a devolved environmental governance function by adevolved environmental governance body, the OEP must consult that body.

15

20

25

30

The OEP's scrutiny and advice functions
29

Monitoring and reporting on environmental improvement plans and targets(1)

The OEP must monitor progress—(a) in improving the natural environment in accordance with the current
environmental improvement plan,(b) towards meeting any targets set under sections 2 to 4, and(c) towards meeting any interim targets set under sections 12 and 15.

(2)

The OEP must prepare a progress report for each annual reporting period.

(3)

A progress report for an annual reporting period is a report on progress madein that period in or towards the matters listed in subsection (1).

3540Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

17

(4)

An annual reporting period is a period for which the Secretary of State must
prepare a report under section 10 (a “section 10 report”).

(5)

In reporting on progress made in an annual reporting period, the OEP must
consider—(a) the section 10 report for that period,(b) the data published by the Secretary of State under section 17 that relates
to that period, and(c) any other reports, documents or information it considers appropriate.

(6)

(7)

A progress report for an annual reporting period may include—(a) consideration of how progress could be improved, and(b) consideration of the adequacy of the data published by the Secretary ofState under section 17.
The OEP must—(a) arrange for its reports under this section to be laid before Parliament,and(b) publish them.

(8)

A progress report for an annual reporting period must be laid no later than 6months after the section 10 report for that period is laid before Parliament.

(9)

The Secretary of State must—(a) respond to a report under this section, and(b) lay before Parliament, and publish, a copy of the response.

(10)

Where a report under this section contains a recommendation for how
progress could be improved, the response must address that recommendation.

(11)

The response—(a) must be laid no later than 12 months after the report is laid, and(b) may be included in a section 10 report.

30

5

10

15

20

25

Monitoring and reporting on environmental law(1)

The OEP must monitor the implementation of environmental law.

(2)

The OEP may report on any matter concerned with the implementation ofenvironmental law.

(3)

But the OEP must not monitor the implementation of, or report on, a matterwithin the remit of the Committee on Climate Change.

(4)

A matter is within the remit of the Committee on Climate Change if it is amatter on which the Committee is, or may be, required to advise or reportunder Part 1, sections 34 to 36, or section 48 of the Climate Change Act 2008.

(5)

The OEP must—(a) arrange for its reports under this section to be laid before Parliament,and(b) publish them.

(6)

The Secretary of State must—(a) respond to a report under this section, and(b) lay before Parliament, and publish, a copy of the response.

30

35

40

18

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

(7)

31

The response to a report under this section must be laid no later than 3 months
after the report is laid.
Advising on changes to environmental law etc(1)

The OEP must give advice to a Minister of the Crown about—(a) any proposed change to environmental law, or(b) any other matter relating to the natural environment,on which the Minister requires it to give advice.

(2)

The Minister may specify matters which the OEP is to take into account ingiving the required advice.

(3)

The OEP may give advice to a Minister of the Crown about any changes toenvironmental law proposed by a Minister of the Crown.

(4)

Advice under this section is to be given in writing to the Minister concerned.

(5)

The OEP must publish—(a) its advice, and(b) if the advice is given under subsection (1), a statement of the matter onwhich it was required to give advice and any matters specified undersubsection (2).

(6)

The Minister concerned may, if the Minister thinks fit, lay before Parliament—(a) the advice, and(b) any response the Minister may make to the advice.

5

10

15

20

The OEP's enforcement functions
32

Failure of public authorities to comply with environmental law(1)

Sections 33 to 42 make provision about functions of the OEP in relation to
failures by public authorities to comply with environmental law.

(2)

For the purposes of those sections, a reference to a public authority failing tocomply with environmental law means the following conduct by that
authority—(a) unlawfully failing to take proper account of environmental law when
exercising its functions;(b) unlawfully exercising, or failing to exercise, any function it has underenvironmental law.

(3)

In this Part “public authority” means a person carrying out any function of apublic nature that is not a devolved function, a parliamentary function or afunction of any of the following persons—(a) the OEP;(b) a court or tribunal;(c) either House of Parliament;(d) a devolved legislature;(e) the Scottish Ministers, the Welsh Ministers, a Northern Ireland
department or a Minister within the meaning of the Northern Ireland
Act 1998.

25

30

35

40

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection33

19

Complaints(1)

A person may make a complaint to the OEP under this section if the person
believes that a public authority has failed to comply with environmental law.

(2)

The OEP must prepare and publish a document which sets out the procedureby which complaints can be made.

(3)

A complaint under this section must be made in accordance with thatprocedure (as most recently published).

(4)

A complaint under this section may not be made by any person whosefunctions include functions of a public nature.

(5)

A complaint about a public authority may not be made under this section if—(a) the authority operates a procedure for considering complaints (“aninternal complaints procedure”) under which the complaint could beconsidered, and(b) that procedure has not been exhausted.

10

(6)

A complaint under this section may not be made after the later of—(a) the end of the 1 year period beginning with the day on which thealleged failure that is the subject of the complaint last occurred, and(b) if the substance of the complaint was subject to an internal complaints
procedure, the end of the 3 month period beginning with the day on
which that procedure was exhausted.

15

(7)

34

5

20

The OEP may waive the time limit in subsection (6) if it considers that there are
exceptional reasons for doing so.
Investigations(1)

The OEP may carry out an investigation under this section if it receives acomplaint made under section 33 that, in its view, indicates that—(a) a public authority may have failed to comply with environmental law,and(b) if it has, the failure would be a serious failure.

(2)

The OEP may carry out an investigation under this section without having
received such a complaint if it has information that, in its view, indicates that—(a) a public authority may have failed to comply with environmental law,and(b) if it has, the failure would be a serious failure.

(3)

An investigation under this section is an investigation into whether the publicauthority has failed to comply with environmental law.

(4)

The OEP must notify the public authority of the commencement of theinvestigation.

(5)

The OEP must prepare a report on the investigation and provide it to the publicauthority.

(6)

The OEP is not required to prepare a report until it has concluded that it
intends to take no further steps under this Chapter in relation to the alleged
failure to comply with environmental law that is the subject of theinvestigation.

25

30

35

40

20

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection(7)

The OEP is not required to prepare a report if it has applied for anenvironmental review, judicial review or statutory review (see sections 39 and40) in relation to the alleged failure.

(8)

The report must set out—(a) whether the OEP considers that the public authority has failed tocomply with environmental law,(b) the reasons the OEP came to that conclusion, and(c) any recommendations the OEP may have (whether generally or for the
public authority) in light of those conclusions.

5(9)

The OEP may publish the report or parts of it.

10

(10)

If the public authority is not a Minister of the Crown, the OEP must also—(a) notify the relevant Minister of the commencement of the investigation,and(b) provide the relevant Minister with the report prepared undersubsection (5).

15

(11)

In this Part “the relevant Minister”, in relation to a failure (or alleged failure) ofa public authority to comply with environmental law, means the Minister of
the Crown that the OEP considers appropriate having regard to the nature of
the public authority and the nature of the failure.

35

Duty to keep complainants informed(1)

Where a person makes a complaint to the OEP alleging that a public authority
has failed to comply with environmental law, the OEP must keep thecomplainant informed about its handling of the complaint.

(2)

In particular, the OEP must—(a) notify the complainant if it does not intend to consider the complaint
because the complaint was not made in accordance with section 33;(b) notify the complainant if it has concluded that it will not becommencing an investigation under section 34 in relation to thecomplaint;(c) notify the complainant if it commences an investigation under section
34 in relation to the complaint;(d) if such an investigation is commenced, notify the complainant—(i) where it provides a report under section 34(5) to the publicauthority that is the subject of the investigation, that it has
provided it;(ii) where it applies for an environmental review (see section 39),for permission to apply for judicial review or for statutory
review (see section 40), in relation to the alleged failure tocomply with environmental law that is the subject of theinvestigation, that it has made such an application;(e) provide the complainant with a copy of any document published under
section 34(9) in relation to any investigation in relation to the complaint.

36

Information notices(1)

The OEP may give an information notice to a public authority if—

20

25

30

35

40

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

(a)
(b)
(2)

21

the OEP has reasonable grounds for suspecting that the authority has
failed to comply with environmental law, andit considers that the failure, if it occurred, would be serious.

An information notice is a notice which—(a) describes an alleged failure of a public authority to comply withenvironmental law,(b) explains why the OEP considers that the alleged failure, if it occurred,
would be serious, and(c) requests that the authority provide such information relating to theallegation as may be specified in the notice.

(3)

The recipient of an information notice must—(a) respond in writing to the notice, and(b) so far as is reasonably practicable, provide the OEP with theinformation requested in the notice.

(4)

The recipient of an information notice must comply with subsection (3) by—(a) the end of the 2 month period beginning with the day on which thenotice was given, or(b) such later date as may be specified in the notice.

(5)

The written response to an information notice must set out—(a) the recipient’s response to the allegation described in the notice, and(b) what steps (if any) the recipient intends to take in relation to theallegation.

(6)

(7)

37

The OEP may—(a) withdraw an information notice;(b) give more than one information notice in respect of the same alleged
failure of a public authority to comply with environmental law.
Where the OEP intends to give an information notice to a public authority inrespect of an alleged failure to comply with environmental law which relates
to emissions of greenhouse gases (within the meaning of the Climate Change
Act 2008), the OEP—(a) must notify the Committee on Climate Change of its intention before it
gives the notice to the authority, and(b) must provide that Committee with such information relating to thealleged failure as the OEP considers appropriate.
Decision notices(1)

The OEP may give a decision notice to a public authority if—(a) the OEP is satisfied, on the balance of probabilities, that the authority
has failed to comply with environmental law, and(b) it considers that the failure is serious.

(2)

A decision notice is a notice that—(a) describes a failure of a public authority to comply with environmentallaw,(b) explains why the OEP considers that the failure is serious, and

5

10

15

20

25

30

35

40

22

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

(c)

(3)

(4)

(5)

38

sets out the steps the OEP considers the authority should take inrelation to the failure (which may include steps designed to remedy,
mitigate or prevent reoccurrence of the failure).

The recipient of a decision notice must respond in writing to that notice by—(a) the end of the 2 month period beginning with the day on which thenotice was given, or(b) such later date as may be specified in the notice.
The written response to a decision notice must set out—(a) whether the recipient agrees that the failure described in the noticeoccurred,(b) whether the recipient intends to take the steps set out in the notice, and(c) what other steps (if any) the recipient intends to take in relation to thefailure described in the notice.
The OEP—(a) may not give a decision notice to a public authority unless it has firstgiven at least one information notice relating to the failure of theauthority to comply with environmental law that is described in thedecision notice;(b) may withdraw a decision notice.
Linked notices(1)

If the OEP gives an information notice or a decision notice to more than one
public authority in respect of the same or similar conduct, it may determinethat those notices are linked.

(2)

A Minister of the Crown may request that the OEP determine that information
notices or decision notices are linked and the OEP must have regard to thatrequest.

(3)

The OEP must provide the recipient of an information notice or a decision
notice (a “principal notice”) with a copy of every information notice or decision
notice which is linked to it (and such a notice is referred to in this section as a“linked notice”).

(4)

The OEP must provide the recipient of a principal notice with a copy of any
relevant correspondence, relating to a linked notice, between the OEP and therecipient of that linked notice.

(5)

The OEP must provide the recipient of a principal notice with a copy of any
relevant correspondence between the OEP and the relevant Minister that
relates to a linked notice.

(6)

Subsection (5) does not apply where either the recipient of the principal noticeor the linked notice is a Minister of the Crown.

(7)

The obligation to provide a copy of any notice or correspondence under thissection does not apply where the OEP considers that in the circumstances it
would not be in the public interest to do so.

(8)

For the purposes of this section, correspondence is relevant if—(a) it is not correspondence in connection with an environmental review or
any other legal proceedings (such as judicial review), and(b) it is not correspondence sent by virtue of section 41(1)(a) or (b).

5

10

15

20

25

30

35

40

45

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

39

23

Environmental review(1)

Where the OEP has given a decision notice to a public authority it may apply
to the court for an environmental review, but only if—(a) it is satisfied, on the balance of probabilities, that the authority has
failed to comply with environmental law, and(b) it considers that the failure is serious.

(2)

An environmental review is a review of alleged conduct of the authority thatis described in the decision notice as constituting a failure to comply withenvironmental law.

(3)

An application for an environmental review may not be made—(a) before the earlier of—(i) the end of the period within which the authority must respondto the decision notice in accordance with section 37(3), and(ii) the date on which the OEP receives the authority’s response tothat notice, or(b) before the expiry of any time limit which applies to the commencementof judicial review or other similar legal proceedings for questioning thealleged conduct.

(4)

Any restriction imposed by or under any other enactment on questioning the
conduct of a public authority in legal proceedings does not apply to an
environmental review.

(5)

On an environmental review the court must determine whether the authority
has failed to comply with environmental law, applying the principles
applicable on an application for judicial review.

(6)

If the court finds that the authority has failed to comply with environmental
law, it must make a statement to that effect (a “statement of non-compliance”).

(7)

A statement of non-compliance does not affect the validity of the conduct inrespect of which it is given.

(8)

Where the court makes a statement of non-compliance it may grant any
remedy that may be granted by it on a judicial review other than damages.

(9)

In determining whether it would be in the interests of justice to grant a remedy,
the court must have regard to—(a) the nature and consequences of the authority’s failure to comply withenvironmental law, and(b) the likelihood that the grant of a remedy would cause—(i) substantial hardship to, or substantial prejudice to the rights of,any person other than the authority, or(ii) any detriment to good administration.

(10)

In deciding whether to grant a remedy the court must (subject to subsection(8)) apply the principles applicable on an application for judicial review; but
this does not require the court to apply section 31(2A) of the Senior Courts Act
1981 (High Court to refuse to grant relief where the outcome for the applicant
not substantially different) on an environmental review in England and Wales.

(11)

If, on an environmental review, the court has made a statement of noncompliance in respect of a public authority, and the statement has not been

5

10

15

20

25

30

35

40

45

24

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

overturned on appeal, the authority must publish a statement that sets out thesteps it intends to take in light of the review.
(12)

(13)

40

A statement under subsection (11) must be published before the end of the 2month period beginning with the day the review (including any appeal)
concludes.
In this section—“the court” means—(a) in relation to an environmental review arising under the law ofEngland and Wales or Northern Ireland, the High Court, or(b) in relation to an environmental review arising under the law of
Scotland, the Court of Session;“enactment” has the same meaning as in the European Union(Withdrawal) Act 2018;“the principles applicable on an application for judicial review” means, in
relation to an environmental review, the principles that would apply on
an application for judicial review in the jurisdiction under which theenvironmental review arises;“remedy” includes any relief or order.

5

10

15

Judicial review: powers to apply in urgent cases and to intervene(1)

The OEP may apply for judicial review, or a statutory review, in relation to
conduct of a public authority (whether or not it has given an information noticeor a decision notice to the authority in respect of that conduct) if—(a) the OEP considers that the conduct constitutes a serious failure tocomply with environmental law, and(b) the urgency condition is met.

(2)

The urgency condition is that making an application under subsection (1)(rather than proceeding under sections 36 to 39) is necessary to prevent, or
mitigate, serious damage to the natural environment or to human health.

(3)

Section 31(2A), (3C) and (3D) of the Senior Courts Act 1981 (High Court torefuse to grant leave or relief where the outcome for the applicant not
substantially different) does not apply to an application for judicial review
made under subsection (1) in England and Wales.

(4)

If, on an application for judicial review or a statutory review made by virtue ofsubsection (1), there is a finding that a public authority has failed to comply
with environmental law, and the finding has not been overturned on appeal,
the authority must publish a statement that sets out the steps it intends to takein light of the finding.

(5)

(6)

A statement under subsection (4) must be published before the end of the 2month period beginning with the day the proceedings relating to theapplication for judicial review or the statutory review (including any appeal)
conclude.
Subsection (7) applies to proceedings (including any appeal) that—(a) are in respect of an application for judicial review or a statutory review,and(b) relate to an alleged failure by a public authority to comply withenvironmental law (however the allegation is framed in those
proceedings).

20

25

30

35

40

45

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

25

(7)

If the OEP considers that the alleged failure, if it occurred, would be serious, it
may apply to intervene in the proceedings (whether it considers that the publicauthority has, or has not, failed to comply with environmental law).

(8)

In this Part—(a) except in section 39, reference to an application for judicial review
includes an application for the permission of the High Court or, as thecase may be, the Court of Session to apply for judicial review;(b) “statutory review” means a claim for statutory review under—(i) section 287 or 288 of the Town and Country Planning Act 1990,(ii) section 63 of the Planning (Listed Buildings and Conservation
Areas) Act 1990,(iii) section 22 of the Planning (Hazardous Substances) Act 1990, or(iv) section 113 of the Planning and Compulsory Purchase Act 2004.

41

5

10

Duty of the OEP to involve the relevant Minister(1)

Where the recipient of an information notice or a decision notice is not a
Minister of the Crown, the OEP must—(a) provide the relevant Minister with—(i) a copy of the notice and,(ii) a copy of any correspondence between the OEP and therecipient of the notice that relates to the notice (apart fromcorrespondence sent by virtue of paragraph (b)), and(b) provide the recipient of the notice with a copy of any correspondence
between the OEP and the relevant Minister that relates to the notice(apart from correspondence sent by virtue of paragraph (a)).

15

(2)

The obligation to provide a copy of any notice or correspondence undersubsection (1) does not apply where the OEP considers that in thecircumstances it would not be in the public interest to do so.

25

(3)

Where the OEP makes an application for an environmental review, judicial
review or statutory review in which the relevant Minister is not a party, it must
provide the relevant Minister with—(a) a copy of the application, and(b) a statement of whether the OEP considers the relevant Minister should
participate in the review (for example, by applying to be a party).

42

20

30

Public statements
(1)

(2)

Where the OEP gives an information notice or a decision notice, applies for anenvironmental review, judicial review or statutory review or applies tointervene in a judicial review or statutory review, it must publish a statement
that—(a) states that the OEP has taken that step,(b) describes the failure (or alleged failure) of a public authority to comply
with environmental law in relation to which that step was taken, and(c) sets out such further information as the OEP considers appropriate.
Subsection (1) does not apply if the OEP considers that in the circumstances it
would not be in the public interest to publish a statement.

35

40

26

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

Information
43

Disclosures to the OEP
(1)

(2)

(3)

No obligation of secrecy imposed by statute or otherwise prevents a person
from—(a) in accordance with section 28(1), providing the OEP with informationin connection with an investigation under section 34, an information
notice or a decision notice, or(b) providing information to the OEP in accordance with section 36(3)(b).
But nothing in this Part—(a) requires a person to provide the OEP with information that the person
would be entitled to refuse to provide in civil proceedings on groundsof legal professional privilege (or, in Scotland, confidentiality ofcommunications), or(b) requires a person to provide the OEP with information that the person
would be entitled, or required by any rule of law, to refuse to provide
in civil proceedings on grounds of public interest immunity.
No obligation of secrecy imposed by statute or otherwise prevents a relevant
ombudsman from providing information to the OEP—(a) for purposes connected with the exercise of the OEP’s functions under
section 34;(b) for purposes connected with the co-ordination of the OEP’s functions
that relate to investigations under section 34 and the ombudsman’sfunctions that relate to investigations by the ombudsman.

(4)

Nothing in this Part requires or authorises a disclosure of information thatwould contravene the data protection legislation (but in determining whether
a disclosure would do so, take into account the duties imposed and powers
conferred by this Part).

(5)

In this section “the data protection legislation” has the same meaning as in the
Data Protection Act 2018 (see section 3(9) of that Act).

44
(1)

(2)

5

10

15

20

25

Confidentiality of proceedings

30

The OEP must not disclose—(a) information obtained under section 28(1) or 36(3)(b), or(b) correspondence between the OEP and a public authority that—(i) relates to a particular information notice or decision notice, or(ii) is, or contains, such a notice.

35

Subsection (1) does not apply to a disclosure—(a) other than a disclosure of an information notice or a decision notice,made with the consent of the person who provided the information or
correspondence;(b) made for purposes connected with the exercise of the OEP’s functions
under section 34 (investigations);(c) made for purposes connected with the co-ordination of the OEP’s
functions that relate to investigations under section 34 and a relevant
ombudsman’s functions that relate to investigations by that
ombudsman;

40

45

Environment Bill
Part 1 — Environmental governance
Chapter 2 — The Office for Environmental Protection

(d)
(e)
(f)
(g)

(h)

27

made for the purposes of any publication of a report (or part of it) on an
investigation under section 34;
made for purposes connected with the exercise of the OEP’s functions
under sections 36 to 42 (enforcement);
made to a devolved environmental governance body for purposesconnected with the exercise of a devolved environmental governancefunction;made for purposes connected with the protection of the naturalenvironment in a country or territory outside the United Kingdom, toan authority of that country or territory, or an internationalorganisation, that has functions in connection with the protection of thenatural environment in that country or territory;of information, or correspondence, that relates only to a matter in
relation to which the OEP has concluded that it intends to take nofurther steps under this Chapter.

(3)

A public authority must not disclose correspondence between the OEP and
that, or any other, public authority that—(a) relates to a particular information notice or decision notice, or(b) is, or contains, such a notice.

(4)

Subsection (3) does not apply to a disclosure—(a) made—(i) in the case of a disclosure of correspondence between anotherpublic authority and the OEP other than correspondence that is,or contains, an information notice or a decision notice, with theconsent of that authority and the OEP, or(ii) in any other case, with the specific or general consent of theOEP;(b) made for purposes connected with co-operating with any investigation
under section 34;(c) made for purposes connected with responding to any information
notice or decision notice;(d) made for purposes connected with any proceedings in relation to an
environmental review, judicial review or statutory review.

(5)

The OEP may not give a person consent to disclose an information notice or adecision notice unless that notice relates only to a matter in relation to which
the OEP has concluded that it intends to take no further steps under this
Chapter.

(6)

If a public authority requests the consent of the OEP to disclose
correspondence that relates only to a matter in relation to which the OEP has
concluded that it intends to take no further steps under this Chapter, the OEP
may not withhold that consent.

(7)

If information referred to in subsection (1) and held by the OEP, or referred toin subsection (3) and held by a public authority, is environmental information
for the purposes of the Environmental Information Regulations 2004 (S.I. 2004/
3391) or the Environmental Information (Scotland) Regulations 2004 (S.S.I.
2004/520), it is held by that person, for the purposes of the application of thoseregulations to that information, in connection with confidential proceedings.

5

10

15

20

25

30

35

40

45

28

Environment Bill
Part 1 — Environmental governance
Chapter 3 — Interpretation of Part 1

CHAPTER 3
INTERPRETATION OF PART 1
45

Meaning of “natural environment”
In this Part the “natural environment” means—(a) plants, wild animals and other living organisms,(b) their habitats,(c) land (except buildings or other structures), air and water,
and the natural systems, cycles and processes through which they interact.

46

5

Meaning of “environmental protection”
In this Part “environmental protection” means—(a) protection of the natural environment from the effects of humanactivity;(b) protection of people from the effects of human activity on the naturalenvironment;(c) maintenance, restoration or enhancement of the natural environment;(d) monitoring, assessing, considering, advising or reporting on anythingin paragraphs (a) to (c).

47

10

15

Meaning of “environmental law”
(1)

In this Part “environmental law” means any legislative provision to the extent
that it—(a) is mainly concerned with environmental protection, and(b) is not concerned with an excluded matter.

(2)

Excluded matters are—(a) disclosure of or access to information;(b) the armed forces or national security;(c) taxation, spending or the allocation of resources within government.

(3)

The reference in subsection (1) to “legislative provision” does not include
devolved legislative provision, except for the purposes of section 21.

(4)“Devolved legislative provision” means—(a) legislative provision contained in, or in an instrument made under, an
Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, orNorthern Ireland legislation, and(b) legislative provision not within paragraph (a) which—(i) if contained in an Act of the Scottish Parliament, would bewithin the legislative competence of the Parliament;(ii) if contained in an Act of Senedd Cymru, would be within thelegislative competence of the Senedd, or(iii) if contained in an Act of the Northern Ireland Assembly, would
be within the legislative competence of the Assembly andwould not require the Secretary of State’s consent.

20

25

30

35

40

Environment Bill
Part 1 — Environmental governance
Chapter 3 — Interpretation of Part 1

48

29

(5)

The Secretary of State may by regulations provide that a legislative provision
specified in the regulations is, or is not, within the definition of “environmentallaw” in subsection (1) (and this Part applies accordingly).

(6)

Before making regulations under subsection (5) the Secretary of State must
consult—(a) the OEP, and(b) any other persons the Secretary of State considers appropriate.

(7)

Regulations under subsection (5) are subject to the affirmative procedure.

5Interpretation of Part 1: generalIn this Part—“application for judicial review” is to be read in accordance with section
40(8);“current environmental improvement plan” has the meaning given by
section 9(8);“decision notice” means a notice given under section 37;“devolved environmental governance body” means a person on whom adevolved environmental governance function has been conferred;“devolved environmental governance function” means a devolved
function that is similar to a function conferred on the OEP under thisPart;
“devolved function” means—(a) a function exercisable in or as regards Wales that could beconferred by provision falling within the legislative competenceof Senedd Cymru (see section 108A of the Government of Wales
Act 2006);(b) a function exercisable in or as regards Scotland, the exercise ofwhich would be within devolved competence (within themeaning of section 54 of the Scotland Act 1998);(c) a function exercisable in or as regards Northern Ireland that
could be conferred by provision included in an Act of theNorthern Ireland Assembly made without the consent of theSecretary of State (see sections 6 to 8 of the Northern Ireland Act
1998);“devolved legislature” means the Scottish Parliament, Senedd Cymru or
the Northern Ireland Assembly;“environmental improvement plan” has the meaning given by section 9(and see also section 11(10));“environmental review” has the meaning given by section 39;“environmental principles” has the meaning given by section 18;“first environmental improvement plan” has the meaning given by
section 9(8);“improving the natural environment”, in relation to an environmental
improvement plan, is to be read in accordance with section 9(5);“information notice” means a notice given under section 36;“judicial review” means—(a) in England and Wales or Northern Ireland, an application to theHigh Court for judicial review, or

10

15

20

25

30

35

40

45

30

Environment Bill
Part 1 — Environmental governance
Chapter 3 — Interpretation of Part 1(b)in Scotland, an application to the supervisory jurisdiction of the
Court of Session;“making” policy includes developing, adopting or revising policy;“met”, in relation to a target set under sections 2 to 4, has the meaning
given by section 5(7);“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975;“OEP” has the meaning given by section 23;“parliamentary function” means a function in connection withproceedings in Parliament or a devolved legislature;“policy” includes proposals for legislation, but does not include an
administrative decision taken in relation to a particular person or case(for example, a decision on an application for planning permission,
funding or a licence, or a decision about regulatory enforcement);“policy statement on environmental principles” has the meaning given by
section 18;“public authority” has the meaning given by section 32(3);“relevant Minister” has the meaning given by section 34;“relevant ombudsman” has the meaning given by section 24;“specified date” and “specified standard”, in relation to a target set under
sections 2 to 4, have the meaning given by section 2(8);“statutory review” has the meaning given by section 40(8).

5

10

15

20

PART 2ENVIRONMENTAL GOVERNANCE: NORTHERN IRELAND
49

Improving the natural environment: Northern Ireland

25

Schedule 2 makes provision about—(a) environmental improvement plans, and(b) policy statements on environmental principles,in Northern Ireland.
50

The Office for Environmental Protection: Northern Ireland

30

Schedule 3—(a) makes provision about the functions of the OEP in, or as regards,
Northern Ireland, and(b) amends this Act to reflect those functions.
PART 3
WASTE AND RESOURCE EFFICIENCY
Producer responsibility
51

Producer responsibility obligations(1)

In Schedule 4—

35

31

Environment Bill
Part 3 — Waste and resource efficiency

(a)
(b)
(2)

Part 1 confers power on the relevant national authority to makeregulations about producer responsibility obligations;
Part 2 confers power on the relevant national authority to makeregulations about the enforcement of regulations made under Part 1.

In this section and that Schedule “relevant national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers or the Secretary of State;(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;(d) in relation to Northern Ireland, the Department of Agriculture,
Environment and Rural Affairs in Northern Ireland or the Secretary ofState.

(3)

Regulations under Schedule 4 made by the Secretary of State may not containprovision that could be contained in regulations under that Schedule made byanother relevant national authority, unless that authority consents.

(4)

Regulations under Schedule 4 that contain only provision for, or in connection
with, the variation of targets specified in the regulations are subject to thenegative procedure.

(5)

Otherwise, regulations under Schedule 4 are subject to the affirmative
procedure.

(6)

The following are repealed—(a) in the Environment Act 1995, sections 93 to 95;(b) the Producer Responsibility Obligations (Northern Ireland) Order 1998
(S.I. 1998/1762 (N.I. 16)).

52

5

10

15

20

Producer responsibility for disposal costs(1)

Schedule 5 confers power on the relevant national authority to makeregulations requiring the payment of sums in respect of the costs of disposingof products and materials.

(2)

In this section and that Schedule “relevant national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers or the Secretary of State;(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;(d) in relation to Northern Ireland, the Department of Agriculture,
Environment and Rural Affairs in Northern Ireland or the Secretary ofState.

(3)

Regulations under Schedule 5 made by the Secretary of State may not containprovision that could be contained in regulations under that Schedule made byanother relevant national authority, unless that authority consents.

(4)

Regulations under Schedule 5 are subject to the affirmative procedure.

25

30

35

Resource efficiency
53

Resource efficiency information(1)

In Schedule 6—

40

32

Environment Bill
Part 3 — Waste and resource efficiency

(a)
(b)
(2)

(3)

Part 1 confers power on the relevant national authority to makeregulations about the provision of resource efficiency information;
Part 2 confers power on the relevant national authority to makeregulations about the enforcement of regulations made under Part 1.

In this section and that Schedule “relevant national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers or the Secretary of State;(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;(d) in relation to Northern Ireland, the Department of Agriculture,
Environment and Rural Affairs in Northern Ireland or the Secretary ofState.
Regulations under Schedule 6—(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of Senedd Cymru, would be within the legislativecompetence of the Senedd;(b) made by the Scottish Ministers, may contain only provision which, if
contained in an Act of the Scottish Parliament, would be within thelegislative competence of the Parliament;(c) made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, may contain only provision which, if
contained in an Act of the Northern Ireland Assembly, would be within
the legislative competence of the Assembly and would not require theSecretary of State’s consent.

(4)

Regulations under Schedule 6 made by the Secretary of State may not containprovision that could be contained in regulations under that Schedule made byanother relevant national authority, unless that authority consents.

(5)

Regulations under Schedule 6 are subject to the affirmative procedure.

54

5

10

15

20

25

Resource efficiency requirements
(1)

(2)

(3)

In Schedule 7—(a) Part 1 confers power on the relevant national authority to makeregulations about resource efficiency requirements;(b) Part 2 confers power on the relevant national authority to makeregulations about the enforcement of regulations made under Part 1.
In this section and that Schedule “relevant national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers or the Secretary of State;(c) in relation to Scotland, the Scottish Ministers or the Secretary of State;(d) in relation to Northern Ireland, the Department of Agriculture,
Environment and Rural Affairs in Northern Ireland or the Secretary ofState.
Regulations under Schedule 7—(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of Senedd Cymru, would be within the legislativecompetence of the Senedd;

30

35

40

Environment Bill
Part 3 — Waste and resource efficiency

(b)
(c)

33

made by the Scottish Ministers, may contain only provision which, if
contained in an Act of the Scottish Parliament, would be within thelegislative competence of the Parliament;
made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, may contain only provision which, if
contained in an Act of the Northern Ireland Assembly, would be within
the legislative competence of the Assembly and would not require theSecretary of State’s consent.

(4)

Regulations under Schedule 7 made by the Secretary of State may not containprovision that could be contained in regulations under that Schedule made byanother relevant national authority, unless that authority consents.

(5)

Regulations under Schedule 7 are subject to the affirmative procedure.

55

5

10

Deposit schemes(1)

Schedule 8 confers power on the relevant national authority to makeregulations establishing deposit schemes.

(2)

In this section and in that Schedule “the relevant national authority” means—(a) in relation to a deposit scheme relating to the purchase of products in
England, the Secretary of State;(b) in relation to a deposit scheme relating to the purchase of products in
Wales, the Welsh Ministers or the Secretary of State;(c) in relation to a deposit scheme relating to the purchase of products inNorthern Ireland, the Department of Agriculture, Environment and
Rural Affairs in Northern Ireland or the Secretary of State.

(3)

(4)

(5)

Regulations under Schedule 8—(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of Senedd Cymru, would be within the legislativecompetence of the Senedd;(b) made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, may contain only provision which, if
contained in an Act of the Northern Ireland Assembly, would be within
the legislative competence of the Assembly and would not require theSecretary of State’s consent.
Regulations under Schedule 8 made by the Secretary of State may not containprovision that could be contained in regulations under that Schedule made byanother relevant national authority, unless that authority consents.
Regulations made by a relevant national authority under Schedule 8 are subject
to the affirmative procedure if they—(a) are the first regulations under paragraph 1, or the first regulations
under paragraph 5, made by the authority;(b) provide for conduct to be a criminal offence which is not a criminal
offence under existing regulations made by the authority under that
Schedule;(c) provide for conduct to be subject to a civil sanction (within the meaning
given by paragraph 5(3) of that Schedule) which is not subject to a civil
sanction under existing regulations made by the authority under that
Schedule;

15

20

25

30

35

40

45

34

Environment Bill
Part 3 — Waste and resource efficiency

(d)

(6)

Otherwise, regulations under Schedule 8 are subject to the negative procedure.

(7)

In this section “deposit scheme” has the meaning it has in Schedule 8.

56

5Charges for single use plastic items(1)

Schedule 9 confers powers on the relevant national authority to makeregulations about charges for single use plastic items.

(2)

In this section and that Schedule the “relevant national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers;(c) in relation to Northern Ireland, the Department of Agriculture,
Environment and Rural Affairs in Northern Ireland.

(3)

57

increase the amount or maximum amount of a fine or monetary
penalty, or change the basis on which such an amount or maximum is
to be determined.

Regulations made by a relevant national authority under Schedule 9 are subject
to the affirmative procedure if they—(a) are the first regulations made by the authority under that Schedule;(b) contain provision about charging for a new item;(c) provide for conduct to be subject to a civil sanction (within the meaningof paragraph 9(3) of that Schedule) which is not subject to a civil
sanction under existing regulations made by the authority under that
Schedule;(d) increase the amount or maximum amount of a monetary penalty, orchange the basis on which such an amount or maximum is to be
determined.

(4)

Otherwise, regulations under Schedule 9 are subject to the negative procedure.

(5)

A “new item” means an item in relation to which there are no existing
regulations made by the relevant national authority under Schedule 9.

10

15

20

25

Charges for carrier bags
In Schedule 6 to the Climate Change Act 2008 (power to impose carrier bag
charge) after paragraph 6 insert—

30“Registration
6A (1) This paragraph applies to regulations made by—(a) the Secretary of State, or(b) the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland.

35(2) The regulations may require sellers to register with an administrator.
(3) The regulations may make provision—(a) about applications for registration,(b) about the period for which registration has effect,(c) about the cancellation of registration.

40

35

Environment Bill
Part 3 — Waste and resource efficiency(4) The regulations may require sellers to pay to the administrator, inconnection with their registration, fees of an amount determined by,
or by the administrator in accordance with, the regulations.
(5) The regulations may provide for the amount of the fees to be such as
to recover the costs incurred by the administrator in performing its
functions under the regulations.”

5

Managing waste
58

Separation of waste(1)

The Environmental Protection Act 1990 is amended as follows.

(2)

In section 30 (definitions of authorities), after subsection (4) insert—“(4A)

In this Part—“English waste collection authority” means a waste collection
authority whose area is in England;“English waste disposal authority” means a waste disposal
authority whose area is in England.”(3)

In section 33ZA (fixed penalty notices), in subsection (12) omit the definition of“English waste collection authority”.

(4)

For section 45A substitute—

10

15“45A England: separate collection of household waste(1)This section applies in relation to arrangements made under section
45(1)(a) for an English waste collection authority to collect household
waste, unless they are arrangements in relation to which section 45AZA
applies.

(2)

The arrangements must meet the conditions in subsections (3) to (8)(subject to any provision in regulations under section 45AZC).

(3)

The first condition is that recyclable household waste must be collected
separately from other household waste.

(4)

The second condition is that recyclable household waste must becollected for recycling or composting.

(5)

The third condition is that recyclable household waste in each
recyclable waste stream must be collected separately, except so far asprovided by subsection (6).

(6)

Recyclable household waste in two or more recyclable waste streams
may be collected together where—(a) it is not technically or economically practicable to collectrecyclable household waste in those recyclable waste streams
separately, or(b) collecting recyclable household waste in those recyclable waste
streams separately has no significant environmental benefit(having regard to the overall environmental impact of collecting
it separately and of collecting it together).

20

25

30

35

40

36

Environment Bill
Part 3 — Waste and resource efficiency(7)

But recyclable household waste within subsection (10)(a) to (d) may not
be collected together with recyclable household waste withinsubsection (10)(e) or (f).

(8)

The fourth condition is that recyclable household waste which is foodwaste must be collected at least once a week.

(9)

Household waste is “recyclable household waste” if—(a) it is within any of the recyclable waste streams, and(b) it is of a description specified in regulations made by the
Secretary of State.

(10)

For the purposes of this section the recyclable waste streams are—(a) glass;(b) metal;(c) plastic;(d) paper and card;(e) food waste;(f) garden waste.

5

10

15

45AZA England: separate collection of household waste from relevant nondomestic premises(1)This section applies in relation to arrangements for household waste to
be collected from relevant non-domestic premises in England by aperson who, in collecting the waste—(a) is acting in the course of a business (whether or not for profit),or(b) is exercising a public function (including a function under
section 45(1)(a)).

(2)

The arrangements must meet the conditions in subsections (3) to (7)(subject to any provision in regulations under section 45AZC).

(3)

The first condition is that recyclable household waste must be collected
separately from other household waste.

(4)

The second condition is that recyclable household waste must becollected for recycling or composting.

(5)

The third condition is that recyclable household waste in each
recyclable waste stream must be collected separately, except so far asprovided by subsection (6).

(6)

Recyclable household waste in two or more recyclable waste streams
may be collected together where—(a) it is not technically or economically practicable to collectrecyclable household waste in those recyclable waste streams
separately, or(b) collecting recyclable household waste in those recyclable waste
streams separately has no significant environmental benefit(having regard to the overall environmental impact of collecting
it separately and of collecting it together).

(7)

But recyclable household waste within subsection (10)(a) to (d) may not
be collected together with recyclable household waste withinsubsection (10)(e).

20

25

30

35

40

45

Environment Bill
Part 3 — Waste and resource efficiency

(8)

37

The person who presents household waste from the premises forcollection under the arrangements must present it separated inaccordance with the arrangements.
This subsection does not apply so far as the person is subject to an
equivalent duty by virtue of a notice under section 46.

(9)Household waste is “recyclable household waste” if—(a) it is within any of the recyclable waste streams, and(b) it is of a description specified in regulations made by the
Secretary of State.

(10)

For the purposes of this section the “recyclable waste streams” are—(a) glass;(b) metal;(c) plastic;(d) paper and card;(e) food waste.

(11)

(12)

For the purposes of this section “relevant non-domestic premises”
means—(a) a residential home;(b) premises forming part of a university or school or othereducational establishment;(c) premises forming part of a hospital or nursing home;(d) premises of a description specified in regulations made by the
Secretary of State.
Regulations under subsection (11)(d) may not specify domestic
properties (within the meaning of section 75(5)(a)).

5

10

15

20

25

45AZB England: separate collection of industrial or commercial waste(1)This section applies in relation to arrangements for industrial orcommercial waste to be collected from premises in England by a person
who, in collecting the waste—(a) is acting in the course of a business (whether or not for profit),or(b) is exercising a public function (including a function under
section 45(1)(b) or (2)).

(2)

So far as they relate to waste which is similar in nature and composition
to household waste (“relevant waste”) the arrangements must meet theconditions in subsections (3) to (7).
This is subject to any provision in regulations under section 45AZC.

(3)The first condition is that recyclable relevant waste must be collected
separately from other relevant waste.

(4)

The second condition is that recyclable relevant waste must be collected
for recycling or composting.

(5)

The third condition is that recyclable relevant waste in each recyclable
waste stream must be collected separately, except so far as provided bysubsection (6).

30

35

40

38

Environment Bill
Part 3 — Waste and resource efficiency(6)

Recyclable relevant waste in two or more recyclable waste streams may
be collected together where—(a) it is not technically or economically practicable to collectrecyclable relevant waste in those recyclable waste streams
separately, or(b) collecting recyclable relevant waste in those recyclable waste
streams separately has no significant environmental benefit(having regard to the overall environmental impact of collecting
it separately and of collecting it together).

(7)

But recyclable relevant waste within subsection (10)(a) to (d) may not
be collected together with recyclable relevant waste within subsection(10)(e).

(8)

The person who presents relevant waste from the premises forcollection under the arrangements must present it separated inaccordance with the arrangements.
This subsection does not apply so far as the person is subject to an
equivalent duty by virtue of a notice under section 47.

(9)

(10)

Relevant waste is “recyclable relevant waste” if—(a) it is within any of the recyclable waste streams, and(b) it is of a description specified in regulations made by the
Secretary of State.
For the purposes of this section the “recyclable waste streams” are—(a) glass;(b) metal;(c) plastic;(d) paper and card;(e) food waste.

5

10

15

20

25

45AZC Sections 45A to 45AZB: powers to exempt and extend
(1)

(2)

(3)

The Secretary of State may by regulations provide—(a) for exemptions from the condition in section 45A(5), 45AZA(5)or 45AZB(5);(b) for exemptions from the application of section 45AZA or
45AZB;(c) for exemptions from the application of section 45AZA or 45AZB
in relation to household waste or relevant waste in recyclable
waste streams specified in the regulations.
The Secretary of State may exercise the power in subsection (1)(a) inrelation to two or more recyclable waste streams only if satisfied thatdoing so will not significantly reduce the potential for recyclable
household waste or recyclable relevant waste in those waste streams to
be recycled or composted.
The Secretary of State may by regulations amend sections 45A to
45AZB so as to—(a) add further recyclable waste streams, and(b) make provision about the extent to which recyclable household
waste or recyclable relevant waste in any of those waste streams
may or may not be collected together with recyclable household

30

35

40

45

Environment Bill
Part 3 — Waste and resource efficiency

39

waste or recyclable relevant waste in another recyclable waste
stream.
(4)

The Secretary of State may exercise the power in subsection (3)(a) inrelation to a waste stream only if satisfied that—(a) there is waste in that waste stream which is suitable forrecycling or composting, and recycling or composting it will
have an environmental benefit,(b) all English waste collection authorities can make arrangements
for collecting waste in that waste stream which comply with theconditions in section 45A, 45AZA or 45AZB (as appropriate),taking account of any amendments to be made undersubsection (3)(b), and(c) there is a market for it after its collection.

(5)

Before making regulations under this section the Secretary of State
must consult—(a) the Environment Agency,(b) English waste collection authorities,(c) English waste disposal authorities, and(d) anyone else the Secretary of State considers appropriate.

(6)

The requirement in subsection (5) may be met by consultation carriedout before this section comes into force.

5

10

15

20

45AZD Sections 45A to 45AZB: duties of waste collectors
(1)

(2)

Subsection (2) applies where—(a) a person collects or proposes to collect waste underarrangements to which section 45A, 45AZA or 45AZB applies,
and(b) the arrangements include arrangements to collect recyclable
household waste or recyclable relevant waste in two or morerecyclable waste streams together in reliance on section 45A(6),45AZA(6) or 45AZB(6).

25

30

The person must prepare a written assessment of why the person
considers that the section relied on applies.

45AZE Sections 45 to 45AZD: guidance(1)

The Secretary of State may issue guidance about the duties imposed bysections 45 to 45AZD.

(2)The guidance may in particular deal with—(a) the circumstances in which it may not be technically or
economically practicable to collect recyclable household wasteor recyclable relevant waste in recyclable waste streams
separately, or in which separate collection may not havesignificant environmental benefit;(b) the frequency with which household waste other thanrecyclable household waste which is food waste should becollected;(c) the kinds of waste which are relevant waste for the purposes ofsection 45AZB;(d) assessments under section 45AZD.

35

40

45

40

Environment Bill
Part 3 — Waste and resource efficiency(3)

The guidance may make different provision in relation to section 45A,
45AZA and section 45AZB.

(4)Before issuing guidance under this section the Secretary of State must
consult—(a) the Environment Agency,(b) English waste collection authorities,(c) English waste disposal authorities, and(d) anyone else the Secretary of State considers appropriate.

(5)

The requirement in subsection (4) may be met by consultation carriedout before this section comes into force.

(6)

A waste collection authority, and any party to arrangements to which
section 45AZA or 45AZB applies, must have regard to the guidance(7)

The Secretary of State must lay before Parliament, and publish, theguidance.

45AZF Sections 45AZA and 45AZB: compliance notices
(1)

(2)

(3)

This section applies where the Environment Agency considers that aperson other than an English waste collection authority—(a) is a party to arrangements for the collection of household waste
which fail to comply with section 45AZA,(b) is a party to arrangements for the collection of relevant waste
which fail to comply with section 45AZB, or(c) is failing to comply with section 45AZA(8) or 45AZB(8).
It may give that person a notice (a “compliance notice”) requiring themto take specified steps within a specified period to secure that the
failure does not continue or recur.
A compliance notice must—(a) specify the failures to comply with section 45AZA or 45AZB,(b) specify the steps which must be taken for the purpose of
preventing the failure continuing or recurring,(c) specify the period within which those steps must be taken, and(d) give information as to the rights of appeal (including the period
within which an appeal must be brought).

(4)

A person who fails to comply with a compliance notice commits anoffence.

(5)

A person who commits an offence under subsection (4) is liable onsummary conviction or conviction on indictment to a fine.

5

10

15

20

25

30

35

45AZG Sections 45AZA and 45AZB: appeals against compliance notices(1)

A person who is given a compliance notice may appeal to the First-tier
Tribunal against—(a) the notice, or(b) any requirement in the notice.

(2)

The notice or requirement has effect pending the determination of theappeal, unless the tribunal decides otherwise.

(3)

The tribunal may—

40

41

Environment Bill
Part 3 — Waste and resource efficiency

(a)
(b)
(c)
(d)
(e)
(5)

(6)

(7)

quash the notice or requirement,
confirm the notice or requirement,vary the notice or requirement,take any steps the Environment Agency could take in relation to
the failure giving rise to the notice or requirement, orremit any matter relating to the notice or requirement to theEnvironment Agency.”

In section 46(2) (receptacles for household waste) for the words from “subject
to” to the end substitute—“(a) subject to that, a waste collection authority whose area is in
Wales may require separate receptacles or compartments ofreceptacles to be used for waste which is to be recycled andwaste which is not;(b) an English waste collection authority may require separate
receptacles or compartments of receptacles to be used for the
purposes of complying with its duties under section 45A or
45AZA.”In section 47(3) (receptacles for commercial or industrial waste) at the end
insert “, but an English waste collection authority may require separate
receptacles or compartments of receptacles to be used for the purposes ofcomplying with section 45AZB so far as it applies to waste of the kind inquestion.”

(9)

59

any regulations under that section.”

In section 41(1) of the Environment Act 1995 (powers to make charging
schemes) after paragraph (r) (as inserted by section 65) insert—“(s) as a means of recovering costs which are incurred by it inperforming functions relating to sections 45A to 45AZB of theEnvironmental Protection Act 1990, the Agency may require thepayment to it of such charges as may from time to time beprescribed;”.
In section 108(15) of the Environment Act 1995 (powers of entry), in thedefinition of “pollution control functions” in relation to a waste collection
authority, in paragraph (a) for “, 45A” substitute “to 45AZD”.
Electronic waste tracking: Great Britain

(1)

10

15

20

In section 160A(2) (regulations and orders) (as inserted by section 64), in the
Table, at the appropriate place insert—“45AZC (separation of waste)(8)

5

The Environmental Protection Act 1990 is amended in accordance withsubsections (2) and (3).

25

30

35

42

Environment Bill
Part 3 — Waste and resource efficiency(2)

After section 34C insert—“Electronic waste tracking
34CA Electronic waste tracking(1)

The relevant national authority may by regulations make provision forthe purpose of tracking relevant waste, including provision about theestablishment of an electronic system (“the system”) for that purpose.

(2)

The regulations may impose requirements on relevant waste
controllers, or a waste regulation authority, to take specified steps tosecure the entry into the system of specified information about, or
which is relevant to the tracking or regulation of, specified relevant
waste.

(3)

The information which may be specified includes information about—(a) the processing, movement or transfer to another person of
relevant waste or waste processing products;(b) persons to whom relevant waste or waste processing products
have been transferred;(c) the carrying out of any activity by relevant waste controllers in
relation to, or in connection with, relevant waste or waste
processing products;(d) relevant waste controllers.

(4)

The regulations may impose requirements on relevant waste
controllers to take specified steps to enable physical identification of
specified relevant waste or waste processing products.

(5)

The regulations may allow relevant waste controllers, or a waste
regulation authority, to make arrangements for other persons todischarge their obligations under the regulations, and may impose
requirements on such persons in connection with such arrangements.

(6)

The regulations must provide for an exemption for digitally excluded
persons from any requirement that would involve the use of electronic
communications or the keeping of electronic records, but may impose
alternative requirements on those persons that do not involve either.

(7)

The regulations may designate a person to establish, operate or
maintain the system and may confer functions on such a person.

(8)

The regulations may make provision about how information held on
the system is to be used including provision—(a) about who may access the information;(b) permitting, or requiring, the disclosure, publication or transfer
to another electronic system of such information;(c) imposing requirements on persons who obtain suchinformation not to further disclose it.

(9)

The regulations may impose fees or charges, payable to a person
designated by, or in accordance with, the regulations, on persons
subject to any requirement imposed by the regulations.

(10)

The amount of such fees or charges may reflect the costs of establishing,operating or maintaining the system and any other costs incurred in

5

10

15

20

25

30

35

40

45

Environment Bill
Part 3 — Waste and resource efficiency

43

connection with the tracking of relevant waste by a person designatedto establish, operate or maintain the system.
(11)

The relevant national authority may provide grants or loans to a person
designated to establish, operate or maintain the system.

(12)

In this section—“digitally excluded person” means a person—(a) who is a practising member of a religious society ororder whose beliefs are incompatible with using
electronic communications or keeping electronic
records, or(b) for whom it is not reasonably practicable to use
electronic communications or to keep electronic records
for any reason (including age, disability or location);“extractive waste—(a) in relation to regulations made in relation to England or
Wales, has the meaning it has in this Part (as it extends
to England and Wales);(b) in relation to regulations made in relation to Scotland,
has the meaning it has in the Management of Extractive
Waste (Scotland) Regulations 2010 (S.S.I 2010/60);“relevant national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers;(c) in relation to Scotland, the Scottish Ministers;“relevant waste” means controlled waste or extractive waste;“relevant waste controller” means any person who—(a) is subject to the duty in section 34(1) (duty of care as
respects controlled waste),(b) imports, produces, carries, keeps, treats, manages ordisposes of extractive waste or, as a dealer or broker, has
control of such waste, or(c) exports relevant waste;“specified” means specified or described in the regulations;“waste processing product” means any product of the processingof relevant waste, including material which is not relevant
waste or which is not derived from relevant waste.

5

10

15

20

25

30

35

34CB Further provision about regulations under section 34CA
(1)

Regulations under section 34CA(1) may make provision about theenforcement of requirements imposed by or under the regulations.

(2)

The regulations may include provision—(a) creating criminal offences punishable with a fine in respect offailures to comply with the regulations;(b) about such offences.

(3)

The regulations may include provision—(a) for, about or connected with the imposition of civil sanctions by
an enforcement authority;(b) in the case of a civil sanction that requires the payment of anamount, for that amount—

40

45

44

Environment Bill
Part 3 — Waste and resource efficiency

(i)
(ii)

(c)

(d)

(3)

to be specified in the regulations;
to be determined by an enforcement authority inaccordance with the regulations;for such a determination to be made by reference to factors
specified or described in the regulations which may include, forexample, the turnover of a business or the costs of complying
with the requirement being enforced (and the regulations may
provide that the amount to be paid may exceed the amount of
those costs);
about appeals against the imposition of a civil sanction.

(4)

In this section “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement
and Sanctions Act 2008 (fixed monetary penalties, discretionary
requirements, stop notices and enforcement undertakings).

(5)

The regulations may include provision for the imposition of sanctionsof that kind whether or not—(a) the conduct in respect of which the sanction is imposedconstitutes an offence,(b) the enforcement authority is a regulator for the purposes of Part
3 of the Regulatory Enforcement and Sanctions Act 2008, or(c) the relevant national authority may make provision for theimposition of sanctions under that Part.

(6)

The regulations may make different provision for different purposes.

(7)

The regulations may make consequential, supplementary, incidental,transitional or saving provision, including provision amending,repealing or revoking primary legislation or retained direct EU
legislation.

(8)

In this section—“enforcement authority” means the Environment Agency, theNatural Resources Body for Wales, a waste collection authority
for an area in England or Wales or the Scottish Environment
Protection Agency;“primary legislation” means—(a) in relation to regulations made by the Secretary of State,an Act of Parliament;(b) in relation to regulations made by the Welsh Ministers,an Act of Parliament or an Act or Measure of Senedd
Cymru;(c) in relation to regulations made by the Scottish Ministers,an Act of Parliament or an Act of the Scottish
Parliament.”

In section 160A(2) (regulations and orders) (as inserted by section 64), in the

5

10

15

20

25

30

35

40

45

Environment Bill
Part 3 — Waste and resource efficiency

Table, at the appropriate place insert—“34CA(electronic
tracking)

(4)

60

waste

regulations that—(a) are the first set of regulations to
be made by the relevant national
authority (within the meaning
given by section 34CA(12)) under
section 34CA,(b) provide for conduct to be a
criminal offence which is not acriminal offence under existing
regulations
made
by
that
authority under that section,(c) increase the maximum penalty
for a criminal offence under
existing regulations made by that
authority under that section,(d) provide for conduct to be subject
to a civil sanction (within themeaning given by section
34CB(4)) which is not subject to a
civil sanction under existing
regulations
made
by
that
authority under that section, or(e) amend, repeal or revoke aprovision contained in primarylegislation (within the meaning
given by section 34CB(8)) or
retained direct principal EU
legislation.”

In section 41(1) of the Environment Act 1995 (powers to make charging
schemes) after paragraph (d) insert—“(da) as a means of recovering costs incurred by it in performing
functions conferred by regulations made under section 34CA of
the Environmental Protection Act 1990 (electronic waste
tracking) the Agency, the Natural Resources Body for Wales or
SEPA may require the payment to it of such charges as mayfrom time to time be prescribed;”.

5

10

15

20

25

30

35

Electronic waste tracking: Northern Ireland(1)

The Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/
2778 (N.I. 19)) is amended as follows.

40

46

Environment Bill
Part 3 — Waste and resource efficiency(2)

After Article 5F insert—“Electronic waste tracking
5G

Electronic waste tracking(1)

The Department may by regulations make provision for the purpose of
tracking relevant waste, including provision about the establishment of
an electronic system (“the system”) for that purpose.

(2)

The regulations may impose requirements on relevant waste
controllers, or the Department, to take specified steps to secure theentry into the system of specified information about, or which isrelevant to the tracking or regulation of, specified relevant waste.

(3)

The information which may be specified includes information about—(a) the processing, movement or transfer to another person of
relevant waste or waste processing products;(b) persons to whom relevant waste or waste processing products
have been transferred;(c) the carrying out of any activity by relevant waste controllers in
relation to, or in connection with, relevant waste or waste
processing products;(d) relevant waste controllers.

(4)

The regulations may impose requirements on relevant waste
controllers to take specified steps to enable physical identification of
specified relevant waste or waste processing products.

(5)

The regulations may allow relevant waste controllers, or the
Department, to make arrangements for other persons to discharge their
obligations under the regulations, and may impose requirements onsuch persons in connection with such arrangements.

(6)

The regulations must provide for an exemption for digitally excluded
persons from any requirement that would involve the use of electronic
communications or the keeping of electronic records, but may impose
alternative requirements on those persons that do not involve either.

(7)

The regulations may designate a person to establish, operate or
maintain the system and may confer functions on such a person.

(8)

The regulations may make provision about how information held on
the system is to be used including provision—(a) about who may access the information;(b) permitting, or requiring, the disclosure, publication or transfer
to another electronic system of such information;(c) imposing requirements on persons who obtain suchinformation not to further disclose it.

(9)

The regulations may impose fees or charges, payable to a person
designated by, or in accordance with, the regulations, on persons
subject to any requirement imposed by the regulations.

(10)

The amount of such fees or charges may reflect the costs of establishing,operating or maintaining the system and any other costs incurred in

5

10

15

20

25

30

35

40

Environment Bill
Part 3 — Waste and resource efficiency

47

connection with the tracking of relevant waste by a person designatedto establish, operate or maintain the system.
(11)

The Department may provide grants or loans to a person designated toestablish, operate or maintain the system.

(12)

In this Article—“digitally excluded person” means a person—(a) who is a practising member of a religious society ororder whose beliefs are incompatible with using
electronic communications or keeping electronic
records, or(b) for whom it is not reasonably practicable to use
electronic communications or to keep electronic records
for any reason (including age, disability or location);“extractive waste” has the meaning it has in the Planning(Management of Waste from Extractive Industries) Regulations(Northern Ireland) 2015 (S.R. 2015 No. 85);
“relevant waste” means controlled waste or extractive waste;“relevant waste controller” means any person who—(a) is subject to the duty in Article 5(1) (duty of care as
respects controlled waste),(b) imports, produces, carries, keeps, treats, manages ordisposes of extractive waste or, as a dealer or broker, has
control of such waste, or(c) exports relevant waste;“specified” means specified or described in the regulations;“waste processing product” means any product of the processingof relevant waste, including material which is not relevant
waste or which is not derived from relevant waste.

5H

10

15

20

25

Further provision about regulations under Article 5G(1)

Regulations under Article 5G may make provision about theenforcement of requirements imposed by or under the regulations.

(2)

The regulations may include provision—(a) creating criminal offences punishable with a fine in respect offailures to comply with the regulations;(b) about such offences.

(3)

5

The regulations may include provision—(a) for, about or connected with the imposition of civil sanctions by
the Department;(b) in the case of a civil sanction that requires the payment of anamount, for that amount—(i) to be specified in the regulations;(ii) to be determined by the Department in accordance withthe regulations;(c) for such a determination to be made by reference to factors
specified or described in the regulations which may include, forexample, the turnover of a business or the costs of complying
with the requirement being enforced (and the regulations may

30

35

40

45

48

Environment Bill
Part 3 — Waste and resource efficiency

(d)
(4)

In this Article “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement
and Sanctions Act 2008 (fixed monetary penalties, discretionary
requirements, stop notices and enforcement undertakings).

(5)

The regulations may include provision for the imposition of sanctionsof that kind whether or not the conduct in respect of which the sanction
is imposed constitutes an offence.

(6)

(3)

5

10

The regulations may make consequential, supplementary, incidental,transitional or saving provision, including provision amending,repealing or revoking any statutory provision.”

In Article 82 (regulations etc) after paragraph (1A) insert—
“(1B)

(1C)

61

provide that the amount to be paid may exceed the amount of
those costs);
about appeals against the imposition of a civil sanction.

Paragraph (1) does not apply to regulations made by the Department
under Article 5G that—(a) are the first set of regulations made under that Article,(b) provide for conduct to be a criminal offence which is not acriminal offence under existing regulations under that Article,(c) increase the maximum penalty for a criminal offence under
existing regulations under that Article,(d) provide for conduct to be subject to a civil sanction (within themeaning given by Article 5H(4)) which is not subject to a civil
sanction under existing regulations under that Article,(e) amend or repeal a provision contained in Northern Irelandlegislation or an Act of Parliament, or(f) amend or revoke a provision contained in retained directprincipal EU legislation.
Regulations to which paragraph (1) does not apply by virtue ofparagraph (1B) may not be made unless a draft of the regulations has
been laid before and approved by a resolution of the Assembly.”

15

20

25

30

Hazardous waste: England and Wales(1)

The Environmental Protection Act 1990 is amended in accordance withsubsections (2) to (4).

(2)

After section 62 insert—

35“62ZA Special provision with respect to hazardous waste in England and
Wales
(1)

(2)

The relevant national authority may, by regulations, make provision
for, about or connected with the regulation of hazardous waste inEngland and Wales.
Provision that may be made in the regulations includes provision—(a) prohibiting or restricting any activity in relation to hazardous
waste;

40

Environment Bill
Part 3 — Waste and resource efficiency

(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)

49

for the giving of directions by waste regulation authorities withrespect to matters connected with any activity in relation tohazardous waste;
imposing requirements about how hazardous waste may be
kept (including requirements about the quantities of hazardous
waste which may be kept at any place);
about hazardous waste that originated outside England or
Wales;
about the registration of hazardous waste controllers or places
where activities in relation to hazardous waste are carried out;
for the keeping of records by hazardous waste controllers;
for the inspection of those records by waste regulation
authorities or specified persons;for the provision by hazardous waste controllers of copies of, or
information derived from, those records to waste regulation
authorities or specified persons;for hazardous waste controllers to inform waste regulation
authorities, or specified persons, when carrying out activities inrelation to hazardous waste;
about the circumstances in which waste which is not hazardous
waste, but which shares characteristics with hazardous waste, isto be treated as hazardous waste;for, about or connected with criminal offences;for, about or connected with the imposition of civil sanctions.

(3)

The regulations may not provide for an offence to be punishable—(a) on summary conviction, by imprisonment, or(b) on conviction on indictment, by a term of imprisonment
exceeding two years.

(4)

For the purposes of this section “civil sanction” means a sanction of akind for which provision may be made under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 (fixed monetary penalties,
discretionary requirements, stop notices and enforcement
undertakings).

(5)

The regulations may make provision for, about or connected with theimposition of a sanction of that kind whether or not—(a) the conduct in respect of which the sanction is imposedconstitutes an offence, or(b) the person imposing it is a regulator for the purposes of Part 3of the Regulatory Enforcement and Sanctions Act 2008.

(6)

The regulations may also include provision—(a) for the supervision by waste regulation authorities—(i) of activities in relation to hazardous waste, or(ii) of hazardous waste controllers;(b) about the keeping of records (which may include registers ofhazardous waste controllers and places where hazardous waste
may be kept or processed) by waste regulation authorities;(c) as to the recovery of expenses or other charges for the treatment,
keeping or disposal or the re-delivery of hazardous waste by
waste regulation authorities or hazardous waste controllers;

5

10

15

20

25

30

35

40

45

50

Environment Bill
Part 3 — Waste and resource efficiency

(d)
(7)

This section is subject to section 114 of the Environment Act 1995
(delegation or reference of appeals etc).

(8)Regulations under this section may confer functions (including
functions involving the exercise of a discretion) on the relevant national
authority or a waste regulation authority.

(9)

The regulations may—(a) make different provision for different purposes;(b) make incidental, supplementary, consequential, transitional orsaving provision.

(10)

(11)

(3)

as to appeals to the relevant national authority from decisionsof waste regulation authorities.

For the purposes of this section “mixing” in relation to hazardous wastemeans—(a) diluting it (with any substance);(b) mixing it with other hazardous waste of a different type, or thathas different characteristics;(c) mixing it with any other substance or material (whether waste
or not).
In this section—“activity”, in relation to hazardous waste, includes—(a) keeping, collecting, receiving, importing, exporting,transporting or producing hazardous waste;(b) sorting, treating, recovering, mixing or otherwise
processing hazardous waste;(c) disposing of hazardous waste in any manner (including
providing hazardous waste to another person for the
purposes of that person carrying out an activity inrelation to it);(d) examining, testing or classifying hazardous waste(including doing any of those things to waste inconnection with establishing whether it is hazardous);(e) acting as a broker of, or dealer in, hazardous waste;(f) directing or supervising another person in relation to an
activity in relation to hazardous waste;“hazardous waste controller” means a person who carries out any
activity in relation to hazardous waste;“relevant national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers;“specified” means specified in the regulations.”

5

10

15

20

25

30

35

40

In section 75 (meaning of “waste” etc) for subsection (8A) substitute—“(8A)

In the application of this Part to England, “hazardous waste” means—(a) any waste identified as hazardous waste in—(i) the waste list as it applies in relation to England, or(ii) regulations made by the Secretary of State underregulation 3 of the Waste and Environmental Permitting

45

Environment Bill
Part 3 — Waste and resource efficiency

(b)

(8B)

(8C)

(4)

51

etc. (Legislative Functions and Amendment etc.) (EUExit) Regulations 2020 (S.I. 2020/1540), andany other waste that is treated as hazardous waste for the
purposes of—(i) regulations made by the Secretary of State under section
62ZA, or(ii) the Hazardous Waste (England and Wales) Regulations
2005 (S.I. 2005/894).

In the application of this Part to Wales, “hazardous waste” means—(a) any waste identified as hazardous waste in—(i) the waste list as it applies in relation to Wales, or(ii) regulations made by the Welsh Ministers underregulation 3 of the Waste and Environmental Permitting
etc. (Legislative Functions and Amendment etc.) (EUExit) Regulations 2020 (S.I. 2020/1540), and(b) any other waste that is treated as hazardous waste for the
purposes of—(i) regulations made by the Welsh Ministers under section
62ZA, or(ii) the Hazardous Waste (Wales) Regulations 2005 (S.I.
2005/1806).
In subsections (8A) and (8B) “the waste list” means the list of waste
contained in the Annex to Commission Decision of 3 May 2000
replacing Decision 94/3/EC establishing a list of wastes pursuant to
Article 1(a) of Council Directive 75/442/EEC on waste and Council
Decision 94/904/EC establishing a list of hazardous waste pursuant to
Article 1(4) of Council Directive 91/689/EEC on hazardous waste(2000/532/EC).”

In section 160A(2) (regulations and orders) (as inserted by section 64), in the

5

10

15

20

25

52

Environment Bill
Part 3 — Waste and resource efficiency

Table, at the appropriate place insert—“62ZA(regulationofhazardous waste in Englandand Wales)

(5)

(6)

62

regulations that—(a) provide for conduct to be a
criminal offence which is not acriminal offence under existing
regulations made by the relevant
national authority (within themeaning given by section
62ZA(11)) under section 62ZA,(b) increase the maximum penalty
for a criminal offence under
existing regulations made by that
authority under that section, or(c) provide for conduct to be subject
to a civil sanction (within themeaning given by section
62ZA(4)) which is not subject to a
civil sanction under existing
regulations
made
by
that
authority under that section.”

In section 41(1) of the Environment Act 1995 (power to make charging
schemes), before paragraph (d) insert—“(cc) as a means of recovering costs incurred by it in performing
functions conferred by regulations made under section 62ZA ofthe Environmental Protection Act 1990 (special provision withrespect to hazardous waste), the Agency or the Natural
Resources Body for Wales may require the payment to it of suchcharges as may from time to time be prescribed;”.
In section 114 of the Environment Act 1995 (delegation or reference of appealsetc), in subsection (2)(a)(iii) before “, 78L” insert “62ZA(6)(d),”.

5

10

15

20

25

30

Hazardous waste: Northern Ireland(1)

The Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/
2778 (N.I. 19)) is amended as follows.

(2)

In Article 30 (special provision with respect to hazardous waste)—(a) in paragraph (1), for the words from “regulations” to “disposal”
substitute “the Department may, by regulations, make provision for,about or connected with the regulation”;(b) in paragraph (2)—(i) before sub-paragraph (a) insert—“(za) prohibiting or restricting the treatment, keeping
or disposal of hazardous waste or any otheractivity in relation to such waste;”;(ii) in sub-paragraph (a), after “hazardous waste” insert “or any
other activity in relation to such waste”;

35

40

Environment Bill
Part 3 — Waste and resource efficiency

53

(iii)

(c)

after sub-paragraph (g) insert—“(h) for, about or connected with the imposition ofcivil sanctions.”;
after that paragraph insert—“(2A)

For the purposes of this Article “civil sanction” means asanction of a kind for which provision may be made under Part
3 of the Regulatory Enforcement and Sanctions Act 2008 (fixedmonetary penalties, discretionary requirements, stop notices
and enforcement undertakings).

5

The regulations may include provision for, about or connectedwith the imposition of a sanction of that kind whether or not—(a) the conduct in respect of which the sanction is imposedconstitutes an offence, or(b) the person imposing it is a regulator for the purposes ofPart 3 of the Regulatory Enforcement and Sanctions Act
2008.”;
after paragraph (3) insert—

10

(2B)

(d)

“(3A)
(3)

(1E)

63

The regulations may make consequential, supplementary,
incidental, transitional or saving provision.”

In Article 82 (regulations etc) after paragraph (1C) (as inserted by section 60)
insert—“(1D)

15

Paragraph (1) does not apply to regulations made by the Department
under Article 30 that provide for conduct to be subject to a civil sanction(within the meaning given by Article 30(2A)) which is not subject to a
civil sanction under existing regulations under that Article.

20

25

Regulations to which paragraph (1) does not apply by virtue ofparagraph (1D) may not be made unless a draft of the regulations has
been laid before and approved by a resolution of the Assembly.”

Transfrontier shipments of waste(1)

Section 141 of the Environmental Protection Act 1990 (power to prohibit or
restrict the importation or exportation of waste) is amended in accordance withsubsections (2) to (8).

(2)

In the heading—(a) for “prohibit or restrict” substitute “regulate”;(b) after “waste” insert “or the transit of waste for export”.

(3)

30

35

For subsection (1) substitute—“(1)

The Secretary of State may, by regulations, make provision for, aboutor connected with the regulation of the importation or exportation ofwaste or the transit of waste for export.

(1A)

Provision that may be made in regulations under this section includes
provision prohibiting or restricting—(a) the importation of waste;(b) the landing and unloading of waste in the United Kingdom;(c) the exportation of waste;

40

54

Environment Bill
Part 3 — Waste and resource efficiency

(d)
(e)
(1B)

(4)

the loading of waste for exportation;
the transit of waste for export.

The provision that may be made by virtue of subsection (1A) includes
provision which relates to—(a) the intended final destination of waste, or(b) the countries or territories it is intended to pass through before
reaching that destination.”5

For subsection (3) substitute—“(3)

Regulations under this section may confer functions on the Secretary ofState or a waste regulation authority, including functions—(a) involving the exercise of a discretion;(b) relating to enforcement.”(5)

Omit subsection (4).

(6)

In subsection (5)—(a) omit paragraph (a);(b) after that paragraph insert—“(aa) provide for the Secretary of State to issue general
directions as to the exercise by waste regulation
authorities of their functions in connection with theregulation of the importation or exportation of waste or
the transit of waste for export;”;(c) in paragraph (b) omit “prescribed in or under the regulations”;(d) after paragraph (b) insert—“(ba) provide for the charging by waste regulation authorities
of fees or charges payable by persons involved in theimportation or exportation of waste or the transit ofwaste for export;(bb) provide that such fees or charges may be used by waste
regulation authorities to meet costs incurred in
exercising their functions in connection with theregulation of those activities;”;(e) in paragraph (d), for the words from “to” to the end substitute “, withor without modifications, to section 108(4) of the Environment Act 1995
(powers of entry and seizure) on persons authorised by the Secretary ofState or a waste regulation authority;”;(f) in paragraph (e), for “authorities under the regulations” substitute“waste regulation authorities”;(g) after paragraph (f) insert—“(fa) make provision authorising the disclosure of
information by Officers of Revenue and Customs towaste regulation authorities;(fb) confer, on persons designated as general customs
officials under section 3(1) of the Borders, Citizenshipand Immigration Act 2009, functions relating to theseizure and detention of waste that has arrived at, or
entered into, the United Kingdom or is to leave theUnited Kingdom;”;

10

15

20

25

30

35

40

45

Environment Bill
Part 3 — Waste and resource efficiency

(h)

(7)

“(5B)

For the purposes of this section “civil sanction” means a sanction of akind for which provision may be made under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 (fixed monetary penalties,
discretionary requirements, stop notices and enforcement
undertakings).

5

(5C)

The regulations may make provision for, about or connected with theimposition of a sanction of that kind whether or not—(a) the conduct in respect of which the sanction is imposedconstitutes an offence, or(b) the person imposing it is a regulator for the purposes of Part 3of the Regulatory Enforcement and Sanctions Act 2008.

10

(5E)

(9)

after paragraph (g) insert—“(h) make provision for, about or connected with theimposition of civil sanctions.”

After subsection (5A) insert—

(5D)

(8)

55

Regulations under this section may make provision in relation to any
area of sea or seabed or its subsoil within the seaward limits of—(a) the area designated by Order in Council under section 1(7) of
the Continental Shelf Act 1964 (designation of continental
shelf), or(b) the area designated by Order in Council under section 41(3) of
the Marine and Coastal Access Act 2009 (designation of
exclusive economic zone).
Regulations under this section may make consequential,
supplementary, incidental, transitional or saving provision, including
provision amending, repealing or revoking primary legislation orretained direct EU legislation.”

In subsection (6), at the appropriate places insert—““exportation”, in relation to waste, means causing it to leave theUnited Kingdom;”;““importation”, in relation to waste, means causing it to arrive at,or enter into, the United Kingdom;”;““primary legislation” means—(a) an Act of Parliament,(b) a Measure or Act of Senedd Cymru,(c) an Act of the Scottish Parliament, or(d) Northern Ireland legislation;”;““transit of waste for export” means the transportation or keepingof waste, that has arrived at, or has entered, the United
Kingdom, for the purpose of facilitating its leaving the United
Kingdom;”.
In section 160A(2) of the Environmental Protection Act 1990 (regulations andorders) (as inserted by section 64), in the Table, at the appropriate place

15

20

25

30

35

40

56

Environment Bill
Part 3 — Waste and resource efficiency

insert—“section 141 (imports, exports
and transit of waste)(10)

In section 41 of the Environment Act 1995 (power to make schemes imposing
charges)—(a) in subsection (1), for paragraph (d) substitute—“(d) as a means of recovering costs incurred by it inperforming functions in connection with the regulationof the importation or exportation of waste or the transit
of waste for export, the Agency, the Natural Resources
Body for Wales or SEPA may require the payment to itof such charges as may from time to time beprescribed;”;(b) after subsection (1) insert—
“(1A)

(11)

regulations that—(a) confer powers of entry, seizure or
detention in circumstances where
there is no such power under
existing regulations under section
141,(b) provide for the charging of feesor charges that are not chargeable
under existing regulations underthat section,(c) provide for conduct to be a
criminal offence which is not acriminal offence under existing
regulations under that section,(d) increase the maximum penalty
for a criminal offence under
existing regulations under that
section,(e) provide for conduct to be subject
to a civil sanction (within themeaning given by section
141(5B)) which is not subject to a
civil sanction under existing
regulations under that section, or(f) amend, repeal or revoke aprovision contained in primarylegislation (within the meaning
given by section 141(6)) or
retained direct principal EU
legislation.”

In paragraph (d) of subsection (1) “importation”, “exportation”,“transit of waste for export” and “waste” have the meaning they
have in section 141 of the Environmental Protection Act 1990.”

In regulation 46 of the Transfrontier Shipment of Waste Regulations 2007 (S.I.
2007/1711), omit paragraph (1).

5

10

15

20

25

30

35

40

45

57

Environment Bill
Part 3 — Waste and resource efficiency

64

Regulations under the Environmental Protection Act 1990
(1)

The Environmental Protection Act 1990 is amended as follows.

(2)

After section 160 insert—“160A Regulations and orders
(1)

(2)

Regulations and orders under this Act are subject to the negative
procedure, other than—(a) regulations or orders subject to the affirmative procedure by
virtue of subsection (2);(b) regulations made by a Northern Ireland department under
section 156 (power to give effect to retained EU obligations andinternational obligations);(c) an order under section 164(3) (commencement);(d) an order under paragraph 4 of Schedule 3 (statutory nuisance).
Regulations or orders made under a section listed in the first column ofthe following Table that are of the description specified in the second
column are subject to the affirmative procedure—

Section5

10

15

Description of regulations or orders

34D (prohibition on disposalof food waste to sewer: Wales)

any regulations under that section.

45AA(10) (separate collectionof waste: Wales)

any regulations under that section.

78M(4) (offences of notcomplying with a remediation
notice)any order under that section.

79(1ZA) (statutory nuisance)

any regulations under that section.

80ZA(11)
notices)(fixedpenalty

any regulations under that section.

88A (litter
England)fromvehicles:regulations that include provision fallingwithin section 88A(3)(a) or (6).

(3)

Regulations and orders made under this Act by the Secretary of State or
the Welsh Ministers are to be made by statutory instrument, other thanan order under paragraph 4 of Schedule 3.

(4)

Where regulations or orders under this Act made or to be made by the
Secretary of State—(a) are subject to the negative procedure, the statutory instrument
containing them is subject to annulment in pursuance of aresolution of either House of Parliament;(b) are subject to the affirmative procedure, they may not be madeunless a draft of the statutory instrument containing them has
been laid before, and approved by a resolution of, each Houseof Parliament.

20

25

30

35

40

58

Environment Bill
Part 3 — Waste and resource efficiency(5)

Where regulations or orders under this Act made or to be made by the
Welsh Ministers—(a) are subject to the negative procedure, the statutory instrument
containing them is subject to annulment in pursuance of aresolution of Senedd Cymru;(b) are subject to the affirmative procedure, they may not be madeunless a draft of the statutory instrument containing them has
been laid before, and approved by a resolution of, Senedd
Cymru.

(6)

See sections 28 and 29 of the Interpretation and Legislative Reform(Scotland) Act 2010 (asp 10)) for the meaning of “the negative
procedure” and “the affirmative procedure” in relation to regulations
or orders under this Act made or to be made by the Scottish Ministers.

(7)

Any provision that may be made by regulations or order under this Act
subject to the negative procedure may be made subject to theaffirmative procedure.”(3)

In section 45B omit subsection (3).

(4)

In section 78M omit subsection (7).

(5)

In section 161 (regulations, orders and directions)—(a) for the heading substitute “Directions”;(b) omit subsections (1) to (4).

5

10

15

20

Waste enforcement and regulation
65

Powers to make charging schemes(1)

The Environment Act 1995 is amended as follows.

(2)

In section 41(1) (powers to make charging schemes) after paragraph (m)insert—“(n) as a means of recovering costs incurred by it in performing
functions conferred by regulations made under Schedule 4 or 5
to the Environment Act 2021, the Agency, the Natural
Resources Body for Wales or SEPA may require the payment to
it of such charges as may from time to time be prescribed;(o) as a means of recovering costs incurred by it in performing
functions conferred by the End-of-Life Vehicles (Producer
Responsibility) Regulations 2005 (S.I. 2005/263), the Agency,
the Natural Resources Body for Wales or SEPA may require thepayment to it of such charges as may from time to time beprescribed;(p) as a means of recovering costs incurred by it in performing
functions conferred by the Waste Electrical and Electronic
Equipment Regulations 2013 (S.I. 2013/3113), the Agency, theNatural Resources Body for Wales or SEPA may require thepayment to it of such charges as may from time to time beprescribed;(q) as a means of recovering costs incurred by it in performing
functions relating to section 33(1) of the Environmental
Protection Act 1990, the Agency or the Natural Resources Body

25

30

35

40

45

59

Environment Bill
Part 3 — Waste and resource efficiency

(r)

(3)

(4)

66

for Wales may require the payment to it of such charges as mayfrom time to time be prescribed;
as a means of recovering costs incurred by it in performing
functions relating to regulation 12(1) of the Environmental
Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to a regulated facility which is a waste
operation (within the meaning of those Regulations), theAgency or the Natural Resources Body for Wales may require
the payment to it of such charges as may from time to time beprescribed;”.

In section 56(1) (interpretation)—(a) in the definition of “environmental licence”, in the application of Part 1of the Act in relation to an appropriate agency—(i) in paragraph (j) for the words from “WEEE” to the end
substitute “waste operation (within the meaning of those
Regulations),”;(ii) omit paragraphs (l) to (o);(b) in the definition of “environmental licence”, in the application of Part 1of the Act in relation to the Scottish Environment Protection Agency,
omit paragraphs (l) to (o).

10

15

20

Until the repeal of section 93 of the Environment Act 1995 (“the 1995 Act”) bysection 51 of this Act is fully in force, section 41(1)(n) of the 1995 Act has effectas if the reference to Schedule 4 to this Act included a reference to section 93 of
the 1995 Act.
Waste charging: Northern Ireland

(1)

5

25

In the Waste and Contaminated Land (Northern Ireland) Order 1997
(S.I. 1997/2778 (N.I. 19)), after Article 76 insert—“Charging schemes
76A Power to make charging schemes(1)

As a means of recovering costs incurred by it in performing any
functions mentioned in paragraph (2), the Department may require thepayment to it of such charges as may be specified in or determined
under a scheme made by the Department under this Article (referred toin this Article as a “charging scheme”).

30

(2)

The functions referred to in paragraph (1) are—(a) functions related to—(i) Article 4(1); or(ii) regulation 18(1) of the Waste Management Licensing
Regulations (Northern Ireland) 2003;(b) functions conferred by regulations made under Article 5G;(c) functions conferred by regulations made under Schedule 4 or 5
to the Environment Act 2021;(d) functions conferred by the End-of-Life Vehicles Regulations
2003;(e) functions conferred by the End-of-Life Vehicles (Producer
Responsibility) Regulations 2005;

35

40

45

60

Environment Bill
Part 3 — Waste and resource efficiency

(f)
(g)
(h)

(2)

functions conferred by the Waste Batteries and Accumulators
Regulations 2009;
functions conferred by the Waste Electrical and Electronic
Equipment Regulations 2013;
functions in connection with the regulation of the importation
or exportation of waste or the transit of waste for export.

(3)

In sub-paragraph (h) of paragraph (2) “importation”, “exportation”,“transit of waste for export” and “waste” have the meaning they havein section 141 of the Environmental Protection Act 1990.

(4)

A charging scheme must specify, in relation to any charge prescribedby the scheme, the description of person who is liable to pay the charge.

(5)

A charging scheme may—(a) make different provision for different cases, including different
provision in relation to different persons, circumstances or
localities;(b) provide for the times at which, and the manner in which,charges are to be paid;(c) revoke or amend any previous charging scheme;(d) contain supplemental, incidental, consequential or transitional
provision for the purposes of the scheme.

(6)

Before making a charging scheme the Department must consult such
persons as appear to the Department to be appropriate.

(7)

The Department must, when it makes or amends a charging scheme—(a) lay a copy of the scheme or amendments before the Assembly,and(b) publish the scheme or the amendments.”

Until the repeal of Article 3 of the Producer Responsibility Obligations(Northern Ireland) Order 1998 (S.I. 1998/1762 (N.I. 16)) (“the 1998 Order”) bysection 51 of this Act is fully in force, Article 76A(2)(c) of the Waste andContaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19))
has effect as if the reference to Schedule 4 to this Act included a reference to
Article 3 of the 1998 Order.

(3)

The Waste Management Licensing Regulations (Northern Ireland) 2003
(S.R. (N.I.) 2003 No. 493) are amended as follows.

(4)

In regulation 17 (exemptions from waste management licensing), in paragraph(4)—(a) in sub-paragraph (b) for “and the fee (if any) required under regulation
18(12) have” substitute “has”;(b) after sub-paragraph (b) insert “; and(c) any fee required under regulation 20B has been paid.”(5)

In regulation 18 (registration in connection with exempt activities)—(a) in paragraph (3)(d) for “a payment of any fee in respect of each place
where any such exempt activity is being carried on” substitute“payment, in respect of each place where any such exempt activity is
being carried on, of any fee that may be required under regulation 20B”;(b) in paragraph (9) for “and 47” substitute “, 47 and 49 to 52”;

5

10

15

20

25

30

35

40

45

Environment Bill
Part 3 — Waste and resource efficiency

(c)
(d)
(6)

61

in paragraph (11)(b) for “specified in accordance with paragraph (12)”substitute “required under regulation 20B”;
omit paragraph (12).

After regulation 20A insert—“20B Fees and charges for registration in connection with exempt activities
(1)

(2)

(3)

(4)

67

There are to be charged by and paid to the Department—(a) in respect of applications for registration, and(b) in respect of the subsistence of registrations,such fees and charges as may be provided for by a scheme underparagraph (2) (but this is subject to regulations 18(4A) and 19(2)).
The Department may make, and from time to time revise, a scheme (“acharging scheme”) specifying—(a) fees in respect of applications for registration, payable to the
Department, by the applicant, in respect of each place to which
an application relates;(b) charges in respect of the subsistence of registrations, payable to
the Department by persons to whom registrations have been
issued.
The Department must, when it makes or amends a charging scheme—(a) lay a copy of the scheme or amendments before the Assembly,and(b) publish the scheme or the amendments.
A charging scheme may in particular—(a) provide for fees or charges payable in respect of applications or
the subsistence of registrations to differ according to theactivities to which the applications or registrations relate(including by providing for no fee or charge in the case of some
activities);(b) provide for reductions of fees where conditions specified in thescheme are met;(c) provide for the times at which, and the manner in which,payments of fees or charges are to be made;(d) make such incidental, supplementary and transitional
provision as appears to the Department to be appropriate.

(5)

If it appears to the Department that a person to whom a registration has
been issued has failed to pay a charge due in respect of the subsistenceof the registration, the Department may, by notice in writing served onthat person, revoke the registration.

(6)

In this regulation—(a) “registration” means registration under regulation 18;(b) any reference to an application for registration includes anapplication for renewal of a registration.”

5

10

15

20

25

30

35

40

Enforcement powers
Schedule 10 amends legislation about enforcement powers in relation to waste
and other environmental matters.

45

62

Environment Bill
Part 3 — Waste and resource efficiency

68

Enforcement powers: Northern Ireland(1)

Article 27 of the Waste and Contaminated Land (Northern Ireland) Order 1997
(S.I. 1997/2778 (N.I. 19)) (power to give directions) is amended as follows.

(2)

In paragraph (2) omit the words from “with a view” to the end.

(3)

After paragraph (2) insert—“(2A)

The Department may by notice—(a) direct a registered carrier to collect controlled waste which is
being kept in or on specified land and deliver it to a specified
person on specified terms;(b) direct any person who—(i) is keeping controlled waste in or on any land, or(ii) owns or occupies land in or on which controlled waste
is being kept,
to facilitate collection of the waste by a specified registeredcarrier to whom a direction in respect of the waste is given
under sub-paragraph (a).”(4)

In paragraph (3) for “paragraph (1) or (2)” substitute “this Article”.

(5)

In paragraph (4), for “of treating or disposing of” substitute “in relation to”.

(6)

After paragraph (4) insert—“(4A)

A direction under paragraph (2A)(b) may require the person to whom
it is given—(a) to pay to the specified registered carrier the reasonable costs ofcollecting and delivering the waste;(b) to pay to the specified person to whom the waste is delivered(“P”) the reasonable costs incurred by P in relation to the waste(including any costs P is required by a direction under this
Article to pay to another person).”(7)

In paragraph (5) for “paragraph (1) or (2)” substitute “this Article”.

(8)

In paragraph (6) for “paragraph (1) or (2)” substitute “this Article”.

(9)

In paragraph (7) for the words from “, where” to the end substitute “pay any
costs mentioned in paragraph (4) or (4A).”(10)

For paragraph (8) substitute—
“(8)

69

In this Article—“specified” means specified in a direction under this Article;“registered carrier” means a person registered under Article 39 as
a carrier of controlled waste.”

5

10

15

20

25

30

35

Littering enforcement(1)

Part 4 of the Environmental Protection Act 1990 is amended as follows.

(2)

In Section 88 (fixed penalty notices for leaving litter), for subsection (11)substitute—“(11)

The appropriate person may by regulations provide that—40Environment Bill
Part 3 — Waste and resource efficiency

(a)
(b)

(3)

63

an authorised officer of a litter authority must meet suchconditions as may be prescribed in the regulations;
if an authorised officer of a litter authority fails to meet any suchcondition, the authority must revoke the officer’s authorisation.

(12)

Regulations under subsection (11) may make different provision fordifferent cases.

(13)

Before making regulations under subsection (11), the appropriate
person must consult such persons as the appropriate person thinks
appropriate.”

After section 88A insert—

5

10“88B Guidance on littering enforcement in England and Wales

(4)

(1)

The appropriate person may issue guidance to litter authorities on theexercise of littering enforcement functions by those authorities andauthorised officers of those authorities.

(2)

A litter authority must have regard to that guidance when exercising
any of its littering enforcement functions.

(3)

The appropriate person may revise any guidance issued under thissection at any time.

(4)

Before issuing guidance, or revised guidance, under this section theappropriate person must consult such persons as the appropriate
person thinks appropriate.

(5)

The Secretary of State must lay before Parliament and publish
guidance, and any revised guidance, issued by the Secretary of State
under this section.

(6)

The Welsh Ministers must lay before Senedd Cymru and publish
guidance, and any revised guidance, issued by the Welsh Ministers
under this section.

(7)

In this section—“authorised officer”, in relation to a litter authority, means aperson who is an authorised officer in relation to that authority
for the purposes of—(a) section 88 (fixed penalty notices for littering, seesubsection (10) of that section),(b) section 88A (fixed penalty notices for littering fromvehicles in England, see subsection (4) of that section), or(c) Schedule 3A (distribution of free printed matter, seeparagraph 8 of that Schedule);“littering enforcement function” means—(a) any function of a litter authority, or of an authorised
officer of that authority, conferred by or under sections
87 to 88A or Schedule 3A, or(b) any function exercised for purposes connected with anyof those sections or that Schedule.”

In section 98(1A) (definition of appropriate person), in paragraph (b) for“National Assembly for Wales” substitute “Welsh Ministers”.

15

20

25

30

35

40

45

64

Environment Bill
Part 3 — Waste and resource efficiency

70

Fixed penalty notices(1)

The Environmental Protection Act 1990 is amended as follows.

(2)

In section 33ZA (fixed penalty notices relating to depositing, treatment or
disposal of waste: England)—(a) in subsection (10), for the words from “the period” to the end substitute“a period specified by the authority.”;(b) after that subsection insert—“(10A)(3)

The Secretary of State may by regulations substitute different
amounts for the amounts for the time being specified insubsections (9) and (10).”

10

In section 33ZB (fixed penalty notices relating to depositing, treatment or
disposal of waste: Wales)—(a) in subsection (10), for the words from “the period” to the end substitute“a period specified by the authority.”;(b) after that subsection insert—

15“(10A)(4)

The Secretary of State may by regulations substitute different
amounts for the amounts for the time being specified insubsections (7)(b), (8) and (9).”In section 34ZB (fixed penalty notices relating to transfer of household waste:
Wales)—(a) in subsection (8), for the words from “the period” to the end substitute“a period specified by the authority.”;(b) after that subsection insert—
“(8A)

71

The Welsh Ministers may by regulations substitute different
amounts for the amounts for the time being specified insubsections (9) and (10).”In section 34ZA (fixed penalty notices relating to transfer of household waste:
England)—(a) in subsection (9), for the words from “within” to the end substitute“before the end of a period specified by the authority.”;(b) after that subsection insert—
“(9A)

(5)

5

20

25

30

The Welsh Ministers may by regulations substitute different
amounts for the amounts for the time being specified insubsections (7) and (8).”Regulation of polluting activities

35

In Schedule 1 to the Pollution Prevention and Control Act 1999, in paragraph 4(permits)—(a) the existing text becomes sub-paragraph (1);(b) after that sub-paragraph insert—“(2) In relation to England and Wales, imposing such aprohibition in relation to an activity except where thecarrying on of the activity meets conditions determined by
the regulators in accordance with the regulations.”

40

65

Environment Bill
Part 3 — Waste and resource efficiency

72

Waste regulation: amendment of Northern Ireland Order
(1)

(2)

In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order1997 (S.I. 1997/2778 (N.I. 19)), in the definition of “the Department”, for “theDepartment of the Environment” substitute “the Department of Agriculture,
Environment and Rural Affairs”.
To the extent that immediately before the commencement of this section areference in that Order to “the Department” was to be read as being or
including a reference to a department other than the Department ofAgriculture, Environment and Rural Affairs (by virtue of Article 9(1) of the
Departments (Transfer of Functions) Order (Northern Ireland) 2016 orotherwise), it is to continue to be so read.

5

10PART 4AIR QUALITY AND ENVIRONMENTAL RECALL
Air quality
73

Local air quality management framework

15

Schedule 11 contains amendments of Part 4 of the Environment Act 1995 (airquality).
74

Smoke control areas: amendments of the Clean Air Act 1993
Schedule 12 makes provision—(a) for imposing financial penalties for the emission of smoke in smoke
control areas in England,(b) about offences relating to the sale and acquisition of solid fuel inEngland,(c) for applying smoke control orders to vessels in England, and(d) for authorised fuels and exempted fireplaces to be listed in Wales.

75

20

25

Protection of pollinators from pesticides(1)

A competent authority must not authorise for use any pesticide product, active
ingredient, safener or synergist unless it is satisfied that there will be no
significant short-term negative effect, and no long-term negative effect, on thehealth of honeybees or wild pollinator populations.

(2)

A pollinator risk assessment report relating to the relevant substance must be
published by an expert body.

(3)

The expert body must consist of individuals free from vested interests inpesticide use, who shall have been independently appointed.

(4)

The pollinator risk assessment report must include—(a) data examining acute and chronic effects of the relevant substance onhoneybees, bumblebees, solitary bees, butterflies and hoverflies,(b) all relevant available scientific evidence relating to any pollinators,(c) conclusions relating to the likely acute and chronic effects of therelevant substance on honeybees, bumblebees, solitary bees,
butterflies, hoverflies and other pollinators,

30

35

40

66

Environment Bill
Part 4 — Air quality and environmental recall

(d)
(e)

an assessment of the likelihood of synergistic effects, andthe identification of any risks to pollinators where the available
evidence is insufficient to reach a conclusion.

(5)

The expert body must consult the public on the draft content of the pollinatorrisk assessment report.

(6)

When making any authorisation decision the competent authority must—(a) aim to achieve a high level of protection for pollinators,(b) be satisfied that the requirements of subsections (2) to (5) have beenmet,(c) consult all relevant authorities with environmental responsibilities,(d) consult such other persons as the competent authority considers
appropriate,(e) lay before Parliament, and publish, a statement explaining why thecompetent authority is satisfied that the requirements of subsection (1)have been met,(f) ensure the public has been informed by public notice early in thedecision-making procedure, and in an adequate, timely and effective
manner, that a decision will be made, and(g) ensure the public has been consulted on the decision that the competentauthority intends to make, including on any mitigation or restriction
measures that are proposed.

5

10

15

20

(7)

The consultation period for the purposes of subsection (6)(g) must be of at least
three months, except for emergency derogations where the period will be atleast four weeks.

(8)This section comes into force on 1 February 2023.

25

(9)

In this section—“authorisation of use” includes authorisation by derogation;“competent authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers;(c) in relation to Scotland, the Scottish Ministers;(d) the Secretary of State when acting with the consent of either orboth the Welsh Ministers in relation to Wales and the Scottish
Ministers in relation to Scotland.

30

Environmental recall of motor vehicles etc
76

35

Environmental recall of motor vehicles etc(1)

The Secretary of State may by regulations make provision for, about or
connected with the recall of relevant products that do not meet relevant
environmental standards.

(2)

A “relevant product” is a product specified or described in the regulations.

(3)

Only the following types of product may be specified or described in theregulations—(a) a mechanically propelled vehicle;(b) a part of a mechanically propelled vehicle;

40

Environment Bill
Part 4 — Air quality and environmental recall

(c)
(d)
(4)

67

an engine that is, or forms part of, machinery that is transportable(including by way of self-propulsion);a part of such an engine, or any other part of such machinery that isconnected with the operation of the engine.

A “relevant environmental standard” means a standard that—(a) by virtue of any enactment, a relevant product must meet,(b) is relevant to the environmental impact of that product, and(c) is specified in the regulations,and the regulations may provide that a reference in the regulations to a
standard is to be construed as a reference to that standard as it has effect fromtime to time.

(5)

In subsection (4)(a) “enactment” has the same meaning as in the European
Union (Withdrawal) Act 2018.

(6)

In subsection (4)(b) “environmental impact”, in relation to a relevant product,
includes any impact on the environment caused by noise, heat or vibrations or
any other kind of release of energy or emissions resulting from the use of the
product.

(7)

Regulations under subsection (1) are subject to the affirmative procedure.

(8)

Sections 77 to 79 make further provision about regulations under subsection
(1).

77

5

10

15

20

Compulsory recall notices(1)

Regulations under section 76(1) may make provision for, about or connectedwith a power of the Secretary of State to give a compulsory recall notice to a
manufacturer or distributor of a relevant product.

(2)

A “compulsory recall notice” is a notice that requires the recipient of the notice
to organise the return of a relevant product to the recipient, or to any otherperson specified in the notice, from persons who have been supplied (whether
or not directly by the recipient) with the product.

(3)

Provision for the Secretary of State to give a compulsory recall notice in relation
to a relevant product must not permit the giving of such a notice unless the
Secretary of State has reasonable grounds for believing the product does notmeet a relevant environmental standard.

(4)

The regulations may provide that, where a relevant product forms part ofanother product, a compulsory recall notice may require its recipient toorganise the return of that other product (whether or not it is a relevant
product).

(5)

The regulations may provide that a compulsory recall notice may impose
supplementary requirements on its recipient.

(6)

The regulations may confer a power on the Secretary of State to give a recipientof a compulsory recall notice a further notice (a “supplementary notice”) that
imposes supplementary requirements on its recipient.

(7)

The following are examples of supplementary requirements—(a) to secure that at least a specified proportion of products subject to acompulsory recall notice that are manufactured or distributed by therecipient are returned in accordance with the notice;

25

30

35

40

45

68

Environment Bill
Part 4 — Air quality and environmental recall

(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)

to publicise a compulsory recall notice;
to provide information to the Secretary of State;a prohibition on supplying, or offering or agreeing to supply, a productsubject to a compulsory recall notice;
to pay such compensation to a person who returns a product subject to
a compulsory recall notice as may be specified;
to make other specified arrangements for the purpose of mitigating theeffect of returning a product on the person who returns it;
to destroy, or arrange for the destruction of, a returned product;
to take steps to modify, or arrange for the modification of, a returned
product for the purpose of ensuring that the product complies with
relevant environmental standards;
to organise the return of a returned product to the person who initiallyreturned it;
to otherwise dispose of the product in such manner as may be specified.

(8)

In subsection (7) “specified” means specified, or described, in a compulsory
recall notice or a supplementary notice.

(9)

The regulations may—(a) make provision about appeals against a decision to give a compulsory
recall notice or a supplementary notice;(b) make provision about the withdrawal of compulsory recall notices andsupplementary notices (including provision about the effect ofwithdrawal).

78

5

10

15

20

Further provision about regulations under section 76(1)

Regulations under section 76(1) may impose a duty on a manufacturer or
distributor of a relevant product to notify the Secretary of State if the person
has reason to consider that the product does not meet a relevant environmental
standard.

(2)

The regulations may confer a power on the Secretary of State—(a) to require the provision of information by a manufacturer or distributorof a relevant product for the purpose of enabling the Secretary of State
to consider whether, or how, to exercise a power to give a compulsory
recall notice or a supplementary notice;(b) to require the provision of samples of relevant products by such a
manufacturer or distributor for that purpose.

(3)

The regulations may make provision for, about or connected with theenforcement of requirements imposed by or under the regulations including
provision—(a) for, about or connected with the designation of a person to exercise
functions in connection with the enforcement of the requirements (“theenforcement authority”);(b) for the functions of the enforcement authority to be exercised on its
behalf by persons authorised in accordance with the regulations;(c) requiring the provision of information by a manufacturer or distributorof a relevant product for purposes connected with the enforcement of
the requirements;(d) requiring the provision of samples of relevant products by such a
manufacturer or distributor for those purposes;

25

30

35

40

45

69

Environment Bill
Part 4 — Air quality and environmental recall

(e)
(f)
(g)

(h)
(4)

(5)

79

for, about or connected with the imposition of financial penalties by theenforcement authority;
for the amount of financial penalties to be determined by theenforcement authority in accordance with the regulations;for such a determination to be made by reference to factors specified in
the regulations which may include, for example, the turnover of abusiness or the costs of complying with the requirement being enforced(and the regulations may provide that the amount of a financial penalty
may exceed the amount of those costs);
about appeals against the imposition of a financial penalty.

The regulations may confer powers on the enforcement authority—(a) to enter the premises of a manufacturer or distributor of a relevant
product;(b) to take documents or records from those premises (or make copies ofsuch documents or records);(c) to take samples of relevant products found on those premises,
where the authority has reasonable grounds for suspecting that the
manufacturer or distributor has failed to comply with a requirement imposedby or under the regulations.
The regulations may make provision about warrants in connection with any
power conferred by virtue of subsection (4).

5

10

15

20

Interpretation of sections 76 to 78
In sections 76 to 78—“compulsory recall notice” has the meaning given by section 77(2);“distributor” has the meaning given by regulations under section 76(1),but may only include a person acting in the course of business;“manufacturer” has the meaning given by regulations under section 76(1)which may define that term by reference (in particular) to—(a) a person’s involvement in the manufacture of a relevant
product, or(b) a person’s relationship with a person involved in the
manufacture of a relevant product;“relevant environmental standard” has the meaning given by section
76(4);“relevant product” has the meaning given by section 76(2);“supplementary notice” has the meaning given by section 77(6).

25

30

35

PART 5
WATER
Plans and proposals
80

Water resources management plans, drought plans and joint proposals(1)

Chapter 1 of Part 3 of the Water Industry Act 1991 (general duties of water
undertakers) is amended as follows.

(2)

In section 37A (water resources management plans)—

40

70

Environment Bill
Part 5 — Water

(a)
(b)
(c)

(d)
(e)
(f)

in the heading omit “: preparation and review”;
in subsection (3)(b) omit from “(also” to the end;in subsection (4)—(i) at the beginning insert “Section 39F contains provision about”;(ii) omit “is set out in section 37B below”;
in subsection (6) omit the words after paragraph (c);omit subsection (8);omit subsection (10).

(3)

Omit sections 37B and 37C (water resources management plans: publicationand provision of information).

(4)

In section 37D (water resources management plans: supplementary)—(a) in subsection (1), in the words before paragraph (a), for “, 37AA or 37B”
substitute “or 37AA”;(b) in subsection (3)—(i) in paragraph (a) for “to 37C” substitute “and 37AA”;(ii) omit paragraph (b) (and the “and” before it).

(5)

In section 39B (drought plans)—(a) in the heading omit “: preparation and review”;(b) in subsection (4)(b) omit from “(also” to the end;(c) for subsection (5) substitute—

10

15

20

“(5)

(d)

(e)
(f)

Section 39F makes provision about the procedure for preparing
and publishing a drought plan (or revised plan).”;in subsection (6)—(i) in paragraph (c) omit from “in accordance” to the end;(ii) omit the words after paragraph (c);omit subsection (7);in subsection (9), in the words before paragraph (a), omit from“(including” to “above)”.

5(6)Omit section 39C (drought plans: provision of information).

(7)

After section 39D insert—

25

30“39E Joint proposals(1)

The Minister may give a direction to two or more water undertakers to
prepare and publish a joint proposal.

(2)

A joint proposal is a proposal that identifies measures that may betaken jointly by the undertakers for the purpose of improving themanagement and development of water resources.

(3)

A joint proposal must not contain measures that (if taken) would resultin any water undertaker being unable to meet its obligations under this
Part.

(4)

A direction under this section may, in particular, require that—(a) a joint proposal takes a specified form;(b) a joint proposal addresses a specified matter;(c) a joint proposal be prepared—(i) in relation to a specified area;

35

40

71

Environment Bill
Part 5 — Water

(ii)
(iii)

by reference to specified criteria;
on the basis of a specified assumption.

(5)

Directions under this section are to be given by an instrument inwriting.

(6)

Each water undertaker to whom a direction applies must comply withthe direction.

(7)

The duties of a water undertaker under this section are enforceable by
the Minister under section 18.

(8)

In this section “the Minister” means—(a) the Secretary of State, in relation to water undertakers whose
areas are wholly or mainly in England, and(b) the Welsh Ministers, in relation to water undertakers whose
areas are wholly or mainly in Wales.

(9)
39F
(1)

(2)

(3)

In this section “specified” means specified in a direction under thissection.

5

10

15

Plans and joint proposals: regulations about procedure
The Minister may by regulations make provision about the procedure
for preparing and publishing—(a) a water resources management plan,(b) a drought plan, and(c) a joint proposal,
including any revised plans or proposals.

20

The regulations may provide for the sharing of information and, inparticular, may require a water supply licensee to share suchinformation with a water undertaker as may be reasonably requested.

25

The regulations may make provision about consultation to be carriedout by water undertakers, including provision about—(a) the persons to be consulted,(b) the frequency and timing of any consultation, and(c) the publication of statements relating to any consultation.

30

(4)

The regulations may make provision about the preparation andcirculation of drafts, including provision for the Minister to requirechanges to a draft plan or proposal.

(5)

The regulations may make provision for the purposes of ensuring that
persons likely to be affected by the plan or proposal have a reasonable
opportunity to make representations to the Minister.

(6)

The regulations may make provision about how representations (andany comments on them by a water undertaker) are to be dealt with, andin respect of a plan mentioned in subsection (1)(a) or (b), the regulations
may provide for—(a) the Minister to cause an inquiry or other hearing to be held inconnection with the plan, and(b) section 250(2) to (5) of the Local Government Act 1972 (local
inquiries: evidence and costs) to apply to such an inquiry or
hearing (with or without modifications).

35

40

45

72

Environment Bill
Part 5 — Water(7)

The regulations may make provision about commercially confidential
information and its publication.

(8)

In this section “the Minister” means—(a) the Secretary of State, in relation to water undertakers whose
areas are wholly or mainly in England, and(b) the Welsh Ministers, in relation to water undertakers whose
areas are wholly or mainly in Wales.

5

39G Regulations under section 39F: directions(1)

Regulations made under section 39F may confer on the Minister power
to make provision by directions.

(2)Those directions are to be given by an instrument in writing.

(3)

They may be—(a) general directions applying to all water undertakers, or(b) directions applying only to one or more water undertakers
specified in the directions.

(4)

Each water undertaker to whom a direction applies must comply withthe direction.

(5)

The duties of a water undertaker under this section are enforceable by
the Minister under section 18.

(6)

In this section “the Minister” has the same meaning as in section 39F.

10

15

20

39H Regulations under section 39F: supplementary(1)

Regulations under section 39F are to be made by statutory instrument.

(2)

A statutory instrument containing regulations under section 39F issubject to annulment in pursuance of a resolution of—(a) either House of Parliament, in the case of regulations made by
the Secretary of State;(b) Senedd Cymru, in the case of regulations made by the Welsh
Ministers.

(3)

Subsection (4) applies in relation to a statutory instrument containing
both—(a) regulations made by the Secretary of State under section 39F,
and(b) regulations made by the Welsh Ministers under section 39F.

(4)

If in accordance with subsection (2)(a) or (b) (negative resolution
procedure)—(a) either House of Parliament resolves that an address bepresented to Her Majesty praying that an instrument containing
regulations made by the Secretary of State be annulled, or(b) Senedd Cymru resolves that an instrument containing
regulations made by the Welsh Ministers be annulled,
the instrument is to have no further effect and Her Majesty may by
Order in Council revoke the instrument.

25

30

35

40

Environment Bill
Part 5 — Water

73

(5)

Section 213(2) to (2B) applies to regulations made by the Welsh
Ministers under section 39F as it applies to regulations made by the
Secretary of State.”

81

Drainage and sewerage management plans
In the Water Industry Act 1991, after section 94 insert—

5“94A Drainage and sewerage management plans: preparation and review(1)Each sewerage undertaker must prepare, publish and maintain adrainage and sewerage management plan.

(2)

A drainage and sewerage management plan is a plan for how thesewerage undertaker will manage and develop its drainage system andsewerage system so as to be able, and continue to be able, to meet its
obligations under this Part.

(3)

A drainage and sewerage management plan must address inparticular—(a) the capacity of the undertaker’s drainage system and seweragesystem,(b) an assessment of the current and future demands on theundertaker’s drainage system and sewerage system,(c) the resilience of the undertaker’s drainage system and seweragesystem,(d) the measures the undertaker intends to take or continue for the
purpose in subsection (2),(e) the likely sequence and timing for implementing thosemeasures,(f) relevant environmental risks and how those risks are to be
mitigated, and(g) any other matters specified by the Minister in directions.

(4)

Section 94C contains provision about the preparation and publicationof a drainage and sewerage management plan (including a revisedplan).

(5)

Before each anniversary of the date when its plan (or revised plan) waslast published, the sewerage undertaker must—(a) review its plan, and(b) send a statement of the conclusions of its review to the Minister.

(6)

The sewerage undertaker must prepare and publish a revised plan ineach of the following cases—(a) following conclusion of its annual review, if the review
indicated a material change of circumstances;(b) if directed to do so by the Minister;(c) in any event, not later than the end of the period of 5 years
beginning with the date when the plan (or the revised plan) waslast published.

(7)

The Minister may give directions specifying—(a) the form which a drainage and sewerage management plan
must take;

10

15

20

25

30

35

40

45

74

Environment Bill
Part 5 — Water(b)

the planning period to which a drainage and seweragemanagement plan must relate.

(8)

The duties of a sewerage undertaker under this section are enforceable
by the Minister under section 18.

(9)

In this section references—(a) to a drainage system of a sewerage undertaker, are to any
drainage system (within the meaning of section 114A)
maintained or operated by the sewerage undertaker which is
not part of its sewerage system;(b) to the sewerage system of a sewerage undertaker, have thesame meaning as in Chapter 1A of Part 2 (see section 17BA(7)).

(10)

94B

In this section “the Minister” means—(a) the Secretary of State, in relation to sewerage undertakers
whose areas are wholly or mainly in England, and(b) the Welsh Ministers, in relation to sewerage undertakers whose
areas are wholly or mainly in Wales.

5

10

15

Drainage and sewerage management plans: power to amend period(1)

The Minister may by order made by statutory instrument amend theperiod for the time being specified in section 94A(6)(c).

(2)

In subsection (1) “the Minister” means—(a) the Secretary of State, in relation to sewerage undertakers
whose areas are wholly or mainly in England, and(b) the Welsh Ministers, in relation to sewerage undertakers whose
areas are wholly or mainly in Wales.

20

(3)

A statutory instrument containing an order under subsection (1) issubject to annulment in pursuance of a resolution of—(a) either House of Parliament, in the case of an order made by the
Secretary of State;(b) Senedd Cymru, in the case of an order made by the Welsh
Ministers.

25

(4)

(5)

Subsection (5) applies in relation to a statutory instrument containing
both—(a) an order made by the Secretary of State under subsection (1),and(b) an order made by the Welsh Ministers under subsection (1).
If in accordance with subsection (3)(a) or (b) (negative resolution
procedure)—(a) either House of Parliament resolves that an address bepresented to Her Majesty praying that an instrument containing
regulations made by the Secretary of State be annulled, or(b) Senedd Cymru resolves that an instrument containing
regulations made by the Welsh Ministers be annulled,
the instrument is to have no further effect and Her Majesty may by
Order in Council revoke the instrument.

30

35

40

75

Environment Bill
Part 5 — Water

94C
(1)

Drainage and sewerage management plans: regulations aboutprocedure
The Minister may by regulations make provision about the procedure
for preparing and publishing a drainage and sewerage management
plan (including a revised plan).

(2)

The regulations may provide for the sharing of information and, inparticular, may require a sewerage licensee to share such information
with a sewerage undertaker as may be reasonably requested.

(3)

The regulations may make provision about consultation to be carriedout by sewerage undertakers, including provision about—(a) the persons to be consulted,(b) the frequency and timing of any consultation, and(c) the publication of statements relating to any consultation.

(4)

The regulations may make provision about the preparation andcirculation of draft plans, including provision for the Minister torequire changes to a draft plan.

(5)

The regulations may make provision for the purposes of ensuring that
persons likely to be affected by the plan have a reasonable opportunity
to make representations to the Minister.

(6)

The regulations may make provision about how representations (andany comments on them by the sewerage undertaker) are to be dealt
with, including provision for—(a) the Minister to cause an inquiry or other hearing to be held inconnection with the plan, and(b) section 250(2) to (5) of the Local Government Act 1972 (local
inquiries: evidence and costs) to apply to such an inquiry or
hearing (with or without modifications).

(7)

The regulations may make provision about commercially confidential
information and its publication.

(8)

The regulations may confer on the Minister power to make provisionby directions.

(9)

In this section “the Minister” means—(a) the Secretary of State, in relation to sewerage undertakers
whose areas are wholly or mainly in England, and(b) the Welsh Ministers, in relation to sewerage undertakers whose
areas are wholly or mainly in Wales.

5

10

15

20

25

30

35

94D Regulations under section 94C: supplementary(1)

Regulations under section 94C are to be made by statutory instrument.

(2)

A statutory instrument containing regulations under section 94C is
subject to annulment in pursuance of a resolution of—(a) either House of Parliament, in the case of regulations made by
the Secretary of State, and(b) Senedd Cymru, in the case of regulations made by the Welsh
Ministers.

40

76

Environment Bill
Part 5 — Water

(3)

(4)

(5)

94E
(1)

82

Subsection (4) applies in relation to a statutory instrument containing
both—(a) regulations made by the Secretary of State under section 94C,
and(b) regulations made by the Welsh Ministers under section 94C.
If in accordance with subsection (2)(a) or (b) (negative resolution
procedure)—(a) either House of Parliament resolves that an address bepresented to Her Majesty praying that an instrument containing
regulations made by the Secretary of State be annulled, or(b) Senedd Cymru resolves that an instrument containing
regulations made by the Welsh Ministers be annulled,
the instrument is to have no further effect and Her Majesty may by
Order in Council revoke the instrument.
Section 213(2) to (2B) applies to regulations made by the Welsh
Ministers under section 94C as it applies to regulations made by the
Secretary of State.

1015

Drainage and sewerage management plans: directions
In this section “directions” means directions given under—(a) section 94A, or(b) regulations under section 94C.

(2)

Directions are to be given by an instrument in writing.

(3)

Directions may be—(a) general directions applying to all sewerage undertakers, or(b) directions applying only to one or more sewerage undertakers
specified in the directions.

(4)

Each sewerage undertaker to whom a direction applies must comply
with the direction.

(5)

The duties of a sewerage undertaker under this section are enforceable
under section 18 by—(a) the Secretary of State, in the case of directions given by the
Secretary of State, and(b) the Welsh Ministers, in the case of directions given by the Welsh
Ministers.”

Storm overflows(1)

5

In Part 4 of the Water Industry Act 1991 (sewerage services), after Chapter 3

20

25

30

35

77

Environment Bill
Part 5 — Water

insert—“CHAPTER 4
STORM OVERFLOWS
141A Duty on sewerage undertakers to take all reasonable steps to ensure
untreated sewage is not discharged from storm overflows(1)

A sewerage undertaker must demonstrate improvements in thesewerage systems and progressive reductions in the harm caused byuntreated sewage discharges.

(2)

The Secretary of State, the Director and the Environment Agency must
exercise their respective functions under this and any other Act tosecure compliance with this duty.

5

10

141B Storm overflow discharge reduction plan
(1)

(2)

The Secretary of State must prepare a plan for the purposes of—(a) reducing discharges from the storm overflows of sewerage
undertakers whose area is wholly or mainly in England, and(b) reducing the adverse impacts of those discharges.
The reference in subsection (1)(a) to reducing discharges of sewage
includes—(a) reducing the frequency and duration of the discharges, and(b) reducing the volume of the discharges.

(3)

The reference in subsection (1)(b) to reducing adverse impacts
includes—(a) reducing adverse impacts on the environment, and(b) reducing adverse impacts on public health.

(4)

The plan may in particular include proposals for—(a) reducing the need for anything to be discharged by the storm
overflows;(b) treating sewage that is discharged by the storm overflows;(c) monitoring the quality of watercourses, bodies of water orwater in underground strata into which the storm overflows
discharge;(d) obtaining information about the operation of the storm
overflows.

(5)

(6)

When preparing the plan the Secretary of State must consult—(a) the Environment Agency,(b) the Authority,(c) the Council,(d) Natural England,(e) sewerage undertakers whose area is wholly or mainly inEngland, or persons representing them, and(f) such other persons as the Secretary of State considers
appropriate.
The Secretary of State must publish the plan before 1 September 2022.

15

20

25

30

35

40

78

Environment Bill
Part 5 — Water(7)

The Secretary of State may at any time revise the plan, having consulted
the persons referred to in subsection (5), and must publish any revised
version.

(8)

The plan, and any revised version of it, must be laid before Parliament
once it is published.

5

141C Progress reports on storm overflow discharge reduction plan
(1)

The Secretary of State must publish reports (“progress reports”)
relating to the plan under section 141B.

(2)

A progress report is to contain the Secretary of State’s assessment of—(a) the progress made, during the period to which the report
relates, in implementing the proposals in the plan (or any
revised version of it), and(b) the effect of that progress on the matters referred to in section
141B(1)(a) and (b).

(3)

The first progress report must relate to the period of three years
beginning with the day on which the plan under section 141B is firstpublished.

(4)

Subsequent progress reports must relate to successive periods of five
years after the period referred to in subsection (3).

(5)

A progress report must be published within 12 weeks following the last
day of the period to which it relates.

(6)

A progress report must be laid before Parliament once it is published.

10

15

20

141D Annual reports on discharges from storm overflows(1)

A sewerage undertaker whose area is wholly or mainly in Englandmust publish annual reports in relation to the undertaker’s storm
overflows (“storm overflow reports”).

(2)

A storm overflow report must specify, for each of the sewerage
undertaker’s storm overflows—(a) the location of the storm overflow;(b) the watercourse, body of water or underground strata into
which the storm overflow discharges;(c) the frequency and duration of discharges from the storm
overflow in the period to which the report relates;(d) where the information is available, the volume of eachdischarge in that period;(e) information on any investigations that have taken place or
improvement works that have been undertaken in relation to
the storm overflow during that period.

(3)

Storm overflow reports are to relate to successive calendar years,
starting with 2021.

(4)

A storm overflow report must be published by a sewerage undertaker
before 1 April in the year after the calendar year to which it relates.

(5)

A storm overflow report must—

25

30

35

40

79

Environment Bill
Part 5 — Water

(a)
(b)
(6)

be in a form which allows the public readily to understand theinformation contained in the report, andbe published in a way which makes the report readily accessible
to the public.

The duties of a sewerage undertaker under this section are enforceable
under section 18 by—(a) the Secretary of State, or(b) the Authority, with the consent of or in accordance with ageneral authorisation given by the Secretary of State.

141E Environment Agency reports(1)

The Environment Agency must publish annual reports in relation tothe operation of storm overflows of sewerage undertakers whose area
is wholly or mainly in England.

(2)

A report under this section must specify—(a) the location of the storm overflows;(b) the watercourse, body of water or underground strata into
which the storm overflows discharge;(c) the frequency and duration of discharges from the storm
overflows in the period to which the report relates;(d) where the information is available, the volume of eachdischarge in that period.

(3)

Reports under this section are to relate to successive calendar years,
starting with 2021.

(4)

A storm overflow report must be published by the Environment
Agency —(a) before 1 April in the year after the calendar year to which it
relates, and(b) in such manner as the Environment Agency thinks fit.

5

10

15

20

25

141F Interpretation of Chapter 4
(1)

(2)

(3)

In this Chapter, references to a storm overflow of a sewerage
undertaker are to any structure or apparatus—(a) which is comprised in the sewerage system of the sewerage
undertaker, and(b) which, when the capacity of other parts of the systemdownstream or of storage tanks at sewage disposal works is
exceeded, relieves them by discharging their excess contents
into inland waters, underground strata or the sea.
References in this Chapter to discharges from a storm overflow do notinclude discharges occurring as a result of—(a) electrical power failure at sewage disposal works,(b) mechanical breakdown at sewage disposal works,(c) rising main failure, or(d) blockage of any part of the sewerage system downstream of thestorm overflow.
Section 17BA(7) (meaning of sewerage system of a sewerage
undertaker) applies for the purposes of subsection (1).”

30

35

40

45

80

Environment Bill
Part 5 — Water

83

Reporting on discharges from storm overflows
In Chapter 4 of Part 4 of the Water Industry Act 1991 (as inserted by section 82
above), after section 141E insert—“141EA Reporting on discharges from storm overflows(1)84

Where there is a discharge from a storm overflow of a sewerage
undertaker whose area is wholly or mainly in England, the undertakermust publish the following information—(a) that there has been a discharge from the storm overflow;(b) the location of the storm overflow;(c) when the discharge began;(d) when the discharge ended.

5

10

(2)

The information referred to in subsection (1)(a) to (c) must be publishedwithin an hour of the discharge beginning; and that referred to in
subsection (1)(d) within an hour of it ending.

(3)

The information must—(a) be in a form which allows the public readily to understand it,and(b) be published in a way which makes it readily accessible to the
public.

15(4)The duty of a sewerage undertaker under this section is enforceable
under section 18 by—(a) the Secretary of State, or(b) the Authority, with the consent of or in accordance with ageneral authorisation given by the Secretary of State.

20

(5)

The Secretary of State may by regulations make provision for
exceptions from the duty in subsection (1) or (2) (for example, byreference to descriptions of storm overflows, frequency of discharge or
the level of risk to water quality).

25

(6)

Before making regulations under this section the Secretary of State
must consult such persons as the Secretary of State considers
appropriate.

(7)

The Secretary of State may not make regulations under this section
unless a draft of the statutory instrument containing the regulations has
been laid before, and approved by resolution of, each House of
Parliament.”

30

35

Monitoring quality of water potentially affected by discharges(1)

In Chapter 4 of Part 4 of the Water Industry Act 1991, after section 141EA
insert—“141EB Monitoring quality of water potentially affected by discharges fromstorm overflows and sewage disposal works(1)

A sewerage undertaker whose area is wholly or mainly in Englandmust continuously monitor the quality of water upstream anddownstream of an asset within subsection (2) for the purpose ofobtaining the information referred to in subsection (3).

40Environment Bill
Part 5 — Water

81

(2)

The assets referred to in subsection (1) are—(a) a storm overflow of the sewerage undertaker, and(b) sewage disposal works comprised in the sewerage system of thesewerage undertaker,
where the storm overflow or works discharge into a watercourse.

(3)

(4)

The duty of a sewerage undertaker under this section is enforceable
under section 18 by—(a) the Secretary of State, or(b) the Authority, with the consent of or in accordance with ageneral authorisation given by the Secretary of State.

(5)

The Secretary of State may by regulations make —(a) provision as how the duty under subsection (1) is to be carriedout (for example, provision as to the type of monitor to be used
and where monitors must be placed);(b) provision for exceptions from the duty in subsection (1) (forexample, by reference to descriptions of asset, frequency ofdischarge from an asset or the level of risk to water quality);(c) provision for the publication by sewerage undertakers of
information obtained pursuant to subsection (1).

(6)

(7)

(2)

85

The information referred to in subsection (1) is information as to thequality of the water by reference to—(a) levels of dissolved oxygen,(b) temperature and pH values,(c) turbidity,(d) levels of ammonia, and(e) anything else specified in regulations made by the Secretary ofState.

Before making regulations under this section the Secretary of State
must consult such persons as the Secretary of State considers
appropriate.

5

10

15

20

25

30

The Secretary of State may not make regulations under this section
unless a draft of the statutory instrument containing the regulations has
been laid before, and approved by resolution of, each House of
Parliament.”

In section 213 of the Water Industry Act 1991 (power to make regulations) in
subsection (1), for “or 105A” substitute “105A, 141EA or 141EB”.

35

Report on elimination of discharges from storm overflows(1)

The Secretary of State must prepare a report on—(a) the actions that would be needed to eliminate discharges from thestorm overflows of sewerage undertakers whose areas are wholly or
mainly in England, and(b) the costs and benefits of those actions.

(2)

The Secretary of State must publish the report before 1 September 2022.

(3)

The report must be laid before Parliament once it is published.

40

82

Environment Bill
Part 5 — Water

Regulation of water and sewerage undertakers
86

Authority’s power to require information
In the Water Industry Act 1991, after section 27 insert—“27ZA Power to require information for purpose of monitoring

87

(1)

The Authority may, for the purpose of performing its duty under
section 27(1) or (2), serve a notice under subsection (2) on—(a) a water undertaker or sewerage undertaker;(b) a water supply licensee or sewerage licensee.

(2)

A notice under this subsection is a notice which requires the person onwhom it is served—(a) to produce to the Authority, at a time and place specified in thenotice (which must be reasonable), any documents specified or
described in the notice which are in that person’s custody or
under that person’s control, or(b) to provide to the Authority, at a time and place and in the form
and manner specified in the notice (which must be reasonable),
information specified or described in the notice.

(3)

The requirements imposed by a notice under subsection (2) are
enforceable by the Authority under section 18.

(4)

Nothing in this section requires a disclosure of information that would
contravene the data protection legislation (but in determining whether
a disclosure would do so, take into account the duty imposed by thissection).

(5)

In subsection (4) “the data protection legislation” has the same meaning
as in the Data Protection Act 2018 (see section 3(9) of that Act).”

5

10

15

20

25

Water and sewerage undertakers in England: modifying appointments(1)Part 2 of the Water Industry Act 1991 (appointment and regulation ofundertakers) is amended as follows.

(2)

After section 12 insert—“Modification of appointment conditions: England

30

12A Modification by the Authority(1)

This section and sections 12B to 12I apply in relation to a company
appointed under this Chapter whose area is wholly or mainly inEngland.

(2)

The Authority may make modifications of the conditions of thecompany’s appointment under this Chapter.

(3)

Before making any modifications under this section, the Authority
must give notice—(a) stating that it proposes to make modifications,(b) setting out the proposed modifications and their effect,

35

40

83

Environment Bill
Part 5 — Water

(c)
(d)

stating the reasons why it proposes to make the modifications,andspecifying the time within which representations with respect
to the proposed modifications may be made.

(4)

That time must not be less than 42 days from the date of publication of
the notice.

(5)

A notice under subsection (3) must be given—(a) by publishing the notice in a way the Authority considers
appropriate for bringing it to the attention of persons likely tobe affected by the modifications, and(b) by sending a copy of it to—(i) each company holding an appointment under this
Chapter the conditions of which the Authority proposes
to modify,(ii) any other company holding an appointment under this
Chapter, any water supply licensee and any sewerage
licensee, whose interests the Authority considers arelikely to be materially affected by the modifications,(iii) the Secretary of State,(iv) any person whose functions are or include representing
those within sub-paragraph (i) or (ii) in respect ofinterests of theirs that the Authority considers are likely
to be materially affected by the modifications, and(v) the Consumer Council for Water.

(6)

The Authority must consider any representations which are duly
made.

(7)

If, within the time specified under subsection (3)(d), the Secretary ofState directs the Authority not to make a modification, the Authority
must comply with the direction.

(8)

Subsections (9) to (11) apply where, having complied with subsections(3) to (6), the Authority decides to proceed with making modifications.

(9)

The Authority must—(a) publish the decision and the modifications in a way the
Authority considers appropriate for bringing them to theattention of persons likely to be affected by the modifications,(b) state the effect of the modifications,(c) state how it has taken account of any representations duly
made, and(d) state the reason for any differences between the modifications
and those set out in the notice under subsection (3).

(10)

Each modification has effect from the date specified by the Authority inrelation to that modification (subject to the giving of a direction underparagraph 2 of Schedule 2ZA).

(11)

The date specified may not be less than 56 days from publication of thedecision to make the modification (except as provided in section 12B).

5

10

15

20

25

30

35

40

45

84

Environment Bill
Part 5 — Water

12B
(1)

(2)

12C

Modification of conditions of appointment: early effective date
The date specified by virtue of section 12A(10) in relation to amodification under that section may be less than 56 days from thepublication of the decision to make the modification if—(a) the Authority considers it necessary or expedient for themodification to have effect before the 56 days expire, and(b) the consultation condition is satisfied.
The consultation condition is that the notice under section 12A relating
to the modification—(a) stated the date from which the Authority proposed that themodification should have effect,(b) stated the Authority’s reasons for proposing that themodification should have effect from a date less than 56 days
from the decision to modify, and(c) explained why, in the Authority’s view, that would not have amaterial adverse effect on any person holding an appointment
under this Chapter.

5

10

15

Modifications of conditions under section 12A: supplementary(1)This section applies where under section 12A the Authority modifies
the conditions of any appointment under this Chapter.

(2)

The Authority may make such incidental or consequential
modifications of the conditions of any appointments as it considers
necessary or expedient.

(3)

The modification of a condition of an appointment has effect subject tothe giving of a direction under paragraph 2 of Schedule 2ZA in relation
to the decision to which the modification relates.

20

25

12D Appeal to the CMA
(1)

(2)

An appeal lies to the CMA against a decision by the Authority toproceed with the modification under section 12A of a condition of an
appointment under this Chapter.
An appeal may be brought under this section only by—(a) a company holding an appointment under this Chapter theconditions of which the Authority has decided to modify,(b) any other company holding an appointment under this
Chapter, any water supply licensee or any sewerage licensee,
whose interests are materially affected by the decision,(c) a person whose functions are or include representing thosewithin paragraph (a) or (b) in respect of interests of theirs which
are materially affected by the decision, or(d) the Consumer Council for Water.

(3)

The permission of the CMA is required for the bringing of an appeal
under this section.

(4)

The CMA may refuse permission only on one of the following
grounds—(a) in relation to an appeal brought by a company, water supply
licensee or sewerage licensee within subsection (2)(b), that the

30

35

40

45

85

Environment Bill
Part 5 — Water

(b)
(c)

12E

interests of the company or licensee are not materially affectedby the decision;in relation to an appeal brought by a person within subsection(2)(c), that the interests of the person represented are notmaterially affected by the decision;in relation to any appeal, that the appeal is brought for reasonsthat are trivial or vexatious, or has no reasonable prospect of
success.

Procedure on appeal to CMA(1)Schedule 2ZA makes provision about the procedure for appeals under
section 12D.

(2)

Except where specified otherwise in that Schedule, the functions of the
CMA with respect to an appeal under section 12D are to be carried out
by a group constituted for that purpose by the chair of the CMA under
Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

12F

This section applies to an appeal brought under section 12D.

(2)

In determining an appeal, the CMA must have regard, to the same
extent as is required of the Authority, to—(a) the Authority’s duties under section 2, and(b) the Authority’s strategic priorities and objectives as set out in astatement under section 2A.

(4)

(5)

10

15

Determination by CMA of appeal

(1)

(3)

5

In determining the appeal the CMA—(a) may have regard to any matter to which the Authority was notable to have regard in relation to the decision which is the
subject of the appeal, but(b) must not, in the exercise of that power, have regard to any
matter to which the Authority would not have been entitled tohave regard in reaching its decision had it had the opportunityof doing so.
The CMA may allow the appeal only to the extent that it is satisfied thatthe decision appealed against was wrong on one or more of thefollowing grounds—(a) that the Authority failed properly to have regard to any matter
mentioned in subsection (2),(b) that the Authority failed to give appropriate weight to any
matter mentioned in subsection (2),(c) that the decision was based, wholly or partly, on an error of fact,(d) that the modifications fail to achieve, in whole or in part, theeffect stated by the Authority by virtue of section 12A(9)(b),(e) that the Authority did not follow the procedure required bysections 12A to 12C, or(f) that the decision was otherwise wrong in law.
To the extent that the CMA does not allow the appeal, it must confirm
the decision appealed against.

20

25

30

35

40

45

86

Environment Bill
Part 5 — Water

12G CMA’s powers on allowing an appeal(1)

Where the CMA allows an appeal under section 12D to any extent, it
must do one or both of the following—(a) quash the decision (to the extent that the appeal is allowed);(b) remit the matter back to the Authority for reconsideration anddetermination in accordance with any directions given by the
CMA.

(2)

A direction under subsection (1) must not require the Authority to do
anything that it would not have power to do (apart from the direction).

(3)

The Authority must comply with a direction given to it under that
subsection.

5

10

12H Time limits for CMA to determine an appeal(1)

The CMA must determine an appeal within the period of 4 months
beginning with the permission date, unless subsection (2) applies.

(2)

This subsection applies where—(a) the CMA has received representations on the timing of thedetermination from a party to the appeal, and(b) it is satisfied that there are special reasons why thedetermination cannot be made within the period specified insubsection (1).

(3)

Where subsection (2) applies, the CMA must determine an appeal
within the period specified by it, not being longer than the period of 5months beginning with the permission date.

(4)

Where subsection (2) applies, the CMA must also—(a) inform the parties to the appeal of the time limit for determining
the appeal, and(b) publish that time limit in a way it considers appropriate to bringit to the attention of any other persons likely to be affected by
the determination.

(5)

References in this section to the permission date are to the date on
which the CMA gave permission to bring the appeal in accordance withsection 12D(3).

(6)

In this section and in section 12I any reference to a party to an appeal is
to be read in accordance with Schedule 2ZA.

12I
(1)

15

20

25

30

Determination of appeal by CMA: supplementary

35

A determination by the CMA on an appeal—(a) must be contained in an order made by the CMA;(b) must set out the reasons for the determination;(c) takes effect at the time specified in the order or determined inaccordance with provision made in the order;(d) must be notified by the CMA to the parties to the appeal;(e) must be published by the CMA—(i) as soon as reasonably practicable after thedetermination is made;

40

87

Environment Bill
Part 5 — Water

(ii)

(2)

The CMA may exclude from publication any information it is satisfied
is—(a) commercial information, the disclosure of which would, or in
the CMA’s opinion might, significantly harm the legitimate
business interests of an undertaking to which it relates, or(b) information relating to the private affairs of an individual, thedisclosure of which would, or in the CMA’s opinion might,
significantly harm the individual’s interests.

(3)

The Authority must take such steps as it considers requisite for it tocomply with an order of the CMA under subsection (1)(a).

(4)

The steps must be taken—(a) if a time is specified in (or is to be determined in accordancewith) the order, within that time;(b) in any other case, within a reasonable time.

(5)

(3)

in a way the CMA considers appropriate to bring it to
the attention of any person likely to be affected by it(other than a party to the appeal).

Section 12C applies where a condition of a licence is modified inaccordance with section 12G as it applies where a condition of a licenceis modified under section 12A.”

5

10

15

20

For the italic heading before section 13 substitute—“Modification of appointment conditions: Wales”.

(4)

In section 13 (modification by agreement), before subsection (1) insert—
“(A1)

(5)

This section and sections 14 to 16B apply in relation to a company
appointed under this Chapter whose area is wholly or mainly inWales.”

25

Before section 17 insert—“Modification of appointment conditions: England and Wales”.

88

(6)

After Schedule 2 insert the Schedule set out in Schedule 13.

(7)

In paragraph 35(3) of Schedule 4 to the Enterprise and Regulatory Reform Act
2013 (CMA Panels), in the definition of “specialist utility functions”, afterparagraph (c) insert—“(ca) an appeal under section 12D of that Act;”.

30

Electronic service of documents
In section 216 of the Water Industry Act 1991 (service of documents) after
subsection (4) insert—“(4A)

Any document required or authorised by virtue of this Act to be servedon any person may be served by electronic means.

(4B)

But a document may be served by electronic means on a person who isa consumer only if—(a) the person has consented in writing to the receipt of documents
by electronic means (and has not withdrawn that consent), and

35

40

88

Environment Bill
Part 5 — Water

(b)
(4C)

the document is sent to the number or address most recently
specified by the person for that purpose.

For the purposes of subsection (4B) “consumer” means a person who isliable to pay charges in respect of—(a) the supply of water to any premises, or(b) the provision of sewerage services to any premises,
but does not include a water undertaker, a water supply licensee, asewerage undertaker, a sewerage licensee, or the Authority.”

5

Abstraction
89

Water abstraction: no compensation for certain licence modifications(1)

10

In the Water Resources Act 1991, after section 61 insert—“61ZA No compensation where modification to protect environment:
England(1)(2)

This section applies where—(a) a relevant licence is revoked or varied on or after 1 January 2028
in pursuance of a direction under section 54 or 56, and(b) the ground for revoking or varying the licence is that the
Secretary of State is satisfied the revocation or variation isnecessary—(i) having regard to a relevant environmental objective, or(ii) to otherwise protect the water environment fromdamage.
A “relevant licence” is a licence to abstract water that—(a) is to abstract water in England only, and(b) is to remain in force until revoked.

(3)

Where this section applies, no compensation is payable under section
61 in respect of the revocation or variation of the licence.

(4)

In this section the “water environment” means—(a) any inland waters (including, in relation to a lake, pond, river orwatercourse that is for the time being dry, its bottom, channel orbed),(b) any water contained in underground strata,(c) any underground strata themselves,or any flora or fauna dependent on any of them.

(5)

In this section “relevant environmental objective” means anenvironmental objective within the meaning of whichever of thefollowing is applicable—(a) the Water Environment (Water Framework Directive) (Englandand Wales) Regulations 2017 (S.I. 2017/407);(b) the Water Environment (Water Framework Directive) (Solway
Tweed River Basin District) Regulations 2004 (S.I. 2004/99);(c) the Water Environment (Water Framework Directive)(Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245).

15

20

25

30

35

40

89

Environment Bill
Part 5 — Water

61ZB No compensation where variation to remove excess headroom:
England(1)(2)

A “relevant licence” is a licence to abstract water that—(a) is to abstract water in England only, and(b) is to remain in force until revoked.

(3)

No compensation is payable under section 61 if—(a) in each year during the 12 year period ending with the relevantdate, the quantity of water abstracted in pursuance of thelicence did not exceed 75% of the quantity of water the holder
was authorised to abstract in that year, and(b) the ground for varying the licence is that the Secretary of Stateis satisfied the variation does not reduce the quantity of water
the holder is authorised to abstract to a level below that which
the holder reasonably requires.

(4)

(2)

In subsection (3) the “relevant date” is the date on which the notice ofthe proposals for varying the licence was served on the holder of thelicence.”

5

10

15

20

In section 27 of the Water Act 2003 (withdrawal of compensation for certain
revocations and variations), after subsection (3) insert—
“(4)

(3)

This section applies if a relevant licence is varied in pursuance of adirection under section 54 on or after 1 January 2028 so as to reduce thequantity of water the holder is authorised to abstract.

This section does not apply in respect of a licence revoked or varied on
or after 1 January 2028 if the licence is a “relevant licence” within themeaning of section 61ZA of the Water Resources Act 1991.”

25

Omit paragraph 30(4) of Schedule 8 to the Water Act 2014.
Water quality

90

Water quality: powers of Secretary of State(1)

The Secretary of State may by regulations amend or modify any legislation towhich this section applies for the purpose of—(a) making provision about the substances to be taken into account inassessing the chemical status of surface water or groundwater;(b) specifying standards in relation to those substances or in relation to thechemical status of surface water or groundwater.

(2)

This section applies to —(a) the Water Environment (Water Framework Directive) (England andWales) Regulations 2017 (S.I. 2017/407);(b) the Water Environment (Water Framework Directive) (Northumbria
River Basin District) Regulations 2003 (S.I. 2003/3245);(c) the Water Environment (Water Framework Directive) (Solway Tweed
River Basin District) Regulations 2004 (S.I. 2004/99);(d) the Groundwater Regulations (Northern Ireland) 2009 (S.R. (N.I.) 2009
No. 254);

30

35

40

90

Environment Bill
Part 5 — Water

(e)
(f)
(g)
(3)

(4)

the Water Framework Directive (Classification, Priority Substances andShellfish Waters) Regulations (Northern Ireland) 2015 (S.R. (N.I.)
2015 No. 351);
the Water Environment (Water Framework Directive) Regulations(Northern Ireland) 2017 (S.R. (N.I.) 2017 No. 81);any regulations modifying that legislation made under or by virtue of
the European Union (Withdrawal) Act 2018.

Regulations under subsection (1) may also, in connection with provision madeunder subsection (1)(a) or (b), amend or modify legislation to which thissection applies so as to make provision—(a) setting objectives in relation to the substances about which theprovision is made, or in relation to the chemical status of surface wateror groundwater (including objectives to maintain specified standards
or to achieve specified standards by specified dates);(b) about how objectives set by the regulations are to be met, including
provision requiring, or otherwise relating to, measures to be taken toachieve those objectives;(c) requiring, or otherwise relating to, the monitoring or assessment of any
matter relating to the chemical status of surface water or the chemical
status of groundwater;(d) about the classification of bodies of water according to their chemical
status or any matter relating to their chemical status.
Regulations under this section may not contain provision that could becontained in—(a) regulations made by the Welsh Ministers under section 91, or(b) regulations made by the Department of Agriculture, Environment and
Rural Affairs in Northern Ireland under section 92,
unless those Ministers or that Department consents.

(5)

Regulations under this section may not contain provision applying to that partof a Scottish cross-border river basin district which is in Scotland, unless the
Scottish Ministers consent.

(6)

Before making regulations under this section the Secretary of State must
consult—(a) if the regulations apply to England (or part of England), theEnvironment Agency;(b) if the regulations do not require the consent of the Welsh Ministers but
apply to any part of a Welsh cross-border river basin district, the Welsh
Ministers;(c) if the regulations do not require the consent of the Scottish Ministers
but apply to any part of a Scottish cross-border river basin district, theScottish Ministers;(d) any persons or bodies appearing to the Secretary of State to represent
the interests of those likely to be affected by the regulations.

(7)

A “Scottish cross-border river basin district” is a river basin district which ispartly in England and partly in Scotland.

(8)

A “Welsh cross-border river basin district” is a river basin district which ispartly in England and partly in Wales.

(9)

Regulations under this section are subject to the negative procedure.

5

10

15

20

25

30

35

40

45

Environment Bill
Part 5 — Water

91

91

Water quality: powers of Welsh Ministers
(1)

(2)

(3)

(4)

The Welsh Ministers may by regulations amend or modify any legislation towhich this section applies for the purpose of—(a) making provision about the substances to be taken into account inassessing the chemical status of surface water or groundwater;(b) specifying standards in relation to those substances or in relation to thechemical status of surface water or groundwater.
This section applies to —(a) the Water Environment (Water Framework Directive) (England andWales) Regulations 2017 (S.I. 2017/407);(b) any regulations modifying that legislation made under or by virtue of
the European Union (Withdrawal) Act 2018.
Regulations under subsection (1) may also, in connection with provision madeunder subsection (1)(a) or (b), amend or modify legislation to which thissection applies so as to make provision—(a) setting objectives in relation to the substances about which theprovision is made, or in relation to the chemical status of surface wateror groundwater (including objectives to maintain specified standards
or to achieve specified standards by specified dates);(b) about how objectives set by the regulations are to be met, including
provision requiring, or otherwise relating to, measures to be taken toachieve those objectives;(c) requiring, or otherwise relating to, the monitoring or assessment of any
matter relating to the chemical status of surface water or the chemical
status of groundwater;(d) about the classification of bodies of water according to their chemical
status or any matter relating to their chemical status.
Before making regulations under this section the Welsh Ministers must
consult—(a) the Natural Resources Body for Wales;(b) if the regulations apply to any part of a river basin district which ispartly in Wales and partly in England, the Secretary of State;(c) any persons or bodies appearing to the Welsh Ministers to represent theinterests of those likely to be affected by the regulations.

(5)Regulations under this section may contain only provision which, if containedin an Act of Senedd Cymru, would (disregarding paragraphs 8(1)(c) and11(1)(a) and (c) of Schedule 7B to the Government of Wales Act 2006) be within
the legislative competence of the Senedd.

(6)

Regulations under this section are subject to the negative procedure.

92

Water quality: powers of Northern Ireland department(1)

The Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may by regulations amend or modify any legislation to which thissection applies for the purpose of—(a) making provision about the substances to be taken into account inassessing the chemical status of surface water or groundwater;(b) specifying standards in relation to those substances or in relation to thechemical status of surface water or groundwater.

5

10

15

20

25

30

35

40

45

92

Environment Bill
Part 5 — Water

(2)

(3)

This section applies to —(a) the Groundwater Regulations (Northern Ireland) 2009 (S.R. (N.I.) 2009
No. 254);(b) the Water Framework Directive (Classification, Priority Substances andShellfish Waters) Regulations (Northern Ireland) 2015 (S.R. (N.I.)
2015 No. 351);(c) the Water Environment (Water Framework Directive) Regulations(Northern Ireland) 2017 (S.R. (N.I.) 2017 No. 81);(d) any regulations modifying that legislation made under or by virtue of
the European Union (Withdrawal) Act 2018.
Regulations under subsection (1) may also, in connection with provision madeunder subsection (1)(a) or (b), amend or modify legislation to which thissection applies so as to make provision—(a) setting objectives in relation to the substances about which theprovision is made, or in relation to the chemical status of surface wateror groundwater (including objectives to maintain specified standards
or to achieve specified standards by specified dates);(b) about how objectives set by the regulations are to be met, including
provision requiring, or otherwise relating to, measures to be taken toachieve those objectives;(c) requiring, or otherwise relating to, the monitoring or assessment of any
matter relating to the chemical status of surface water or the chemical
status of groundwater;(d) about the classification of bodies of water according to their chemical
status or any matter relating to their chemical status.

(4)

Before making regulations under this section the Department must consult any
persons or bodies appearing to the Department to represent the interests of
those likely to be affected by the regulations.

(5)Regulations under this section may contain only provision which, if containedin an Act of the Northern Ireland Assembly, would be within the legislativecompetence of the Assembly and would not require the Secretary of State’s
consent.

(6)

Regulations under this section are subject to the negative procedure.

93

5

10

15

20

25

30

Solway Tweed river basin district: power to transfer functions(1)

The Secretary of State may by regulations amend or modify the Solway Tweed
Regulations in accordance with this section.

(2)

The “Solway Tweed Regulations” means the Water Environment (Water
Framework Directive) (Solway Tweed River Basin District) Regulations 2004
(S.I. 2004/99).

(3)

The regulations may provide for a function under the Solway Tweed
Regulations which is exercisable (to any extent)—(a) by the Secretary of State and the Scottish Ministers jointly,(b) by the Secretary of State and the Scottish Ministers concurrently, or(c) only by the Secretary of State or the Scottish Ministers,
to be exercised (to any extent) in another of those ways.

35

40

45

93

Environment Bill
Part 5 — Water(4)

The regulations may provide for a function under the Solway Tweed
Regulations which is exercisable (to any extent)—(a) by the Environment Agency and SEPA jointly,(b) by the Environment Agency and SEPA concurrently, or(c) only by the Environment Agency or SEPA,
to be exercised (to any extent) in another of those ways.

(5)

The regulations may make provision changing the geographical area in
relation to which a function under the Solway Tweed Regulations is
exercisable (or is exercisable by a specified person).

(6)

The regulations may also provide—(a) for a function within subsection (3) to be exercisable only with theconsent of, or after consultation with, the Secretary of State or the
Scottish Ministers;(b) for a function within subsection (4) to be exercisable only with theconsent of, or after consultation with, the Environment Agency, SEPA,
the Secretary of State or the Scottish Ministers.

(7)

The Secretary of State may make regulations under this section only with theconsent of the Scottish Ministers.

(8)

Regulations under this section are subject to the negative procedure.

(9)

In this section “SEPA” means the Scottish Environment Protection Agency.

94

5

10

15

20

Water quality: interpretation
In sections 90 to 93—“groundwater” has the same meaning as in the Water Framework
Directive;“river basin district” means an area identified as such by or under any
legislation to which the section in question applies;“surface water” has the same meaning as in the Water Framework
Directive;“Water Framework Directive” means Directive 2000/60/EC of theEuropean Parliament and of the Council establishing a framework forCommunity action in the field of water policy.

25

30

Land drainage
95

Valuation of other land in drainage district: England(1)

Section 37 of the Land Drainage Act 1991 (apportionment of internal drainage
board’s drainage expenses) is amended in accordance with subsections (2) and
(3).

(2)

In subsection (5), in the words before paragraph (a), after “shall” insert “,subject to subsection (5ZA)”.

(3)

After subsection (5) insert—“(5ZA)The Secretary of State may by regulations make provision for the valueof other land in an English internal drainage district to be determinedin accordance with the regulations.

35

40

94

Environment Bill
Part 5 — Water

(5ZB)

(5ZC)

(5ZD)

(5ZE)

Regulations under subsection (5ZA) may apply in relation to—(a) English drainage boards specified in the regulations;(b) English drainage boards of a description specified in theregulations;(c) all English drainage boards.
Provision made by virtue of subsection (5ZC) may, in particular,
include provision for an English drainage board—(a) to elect that the regulations are to apply to them, and(b) to make such an election in accordance with the procedure
specified in the regulations.
Regulations under subsection (5ZA) may—(a) make different provision for different cases, including different
provision in relation to different circumstances or different
descriptions of English drainage board or of land;(b) make such incidental, supplementary, consequential,
transitional, transitory or saving provision as the Secretary ofState considers appropriate.

5

10

15

20

25

30

(5ZF)

Provision made by virtue of subsection (5ZE)(b) may include provision
which amends or repeals any provision of this Act.

35

(5ZG)

Before making regulations under subsection (5ZA) the Secretary ofState must consult such persons (if any) as the Secretary of State
considers appropriate having regard to the extent to which theregulations are, in the view of the Secretary of State, likely to affect thevaluation of any land.

40

(5ZH)

(4)

The provision that may be made under subsection (5ZA) includes, inparticular, provision—(a) about methods to be applied, or factors to be taken into account,in determining the value of land;(b) for the value of land to be determined on the basis of estimates,
assumptions or averages;(c) for the value of land to be determined by reference to such timeor times as may be specified in the regulations;(d) for the value of land to be determined by reference to the value
shown for the time being in a list or register prepared for the
purposes of another enactment;(e) for determining the value of land which is only partly within
the internal drainage district in question;(f) for the making of adjustments to what would otherwise be
determined to be the value of land;(g) for land to be taken to have a nil value.

Regulations may not be made under subsection (5ZA) unless a draft of
the instrument containing the regulations has been laid before, andapproved by a resolution of, each House of Parliament.”

In section 65(2) of that Act (regulations) after “Subject to” insert “section
37(5ZH)”.

45

95

Environment Bill
Part 5 — Water

96

Valuation of other land in drainage district: Wales(1)

Section 83 of the Environment (Wales) Act 2016 (which amends the Land
Drainage Act 1991) is amended as follows.

(2)

In subsection (2)—(a) for paragraph (a) substitute—“(a) in subsection (5), in the words before paragraph (a),after “subject to subsection (5ZA)” insert “and subject tosubsection (5A),”;(b) in paragraph (b)—(i) for the inserted subsection (5A) substitute—

10

“(5A)

(ii)
(iii)

The Welsh Ministers may by regulations makeprovision for the value of other land in a Welsh internal
drainage district to be determined in accordance withthe regulations.”;
in each of the inserted subsections (5B) and (5C) for “Theregulations” substitute “Regulations under subsection (5A)”;
for the inserted subsection (5D) substitute—

5

“(5D)

(5E)

(3)

Regulations may not be made under subsection (5A)
unless a draft of the instrument containing them has
been laid before, and approved by a resolution of,
Senedd Cymru.”

20

25

For subsection (3) substitute—
“(3)

97

Before making regulations under subsection (5A) the
Welsh Ministers must consult such persons (if any) as
they consider appropriate having regard to the extent towhich the regulations are, in their view, likely to affectthe valuation of any land.

15

In section 65(2) (regulations) after “section 37(5ZH)” insert “and (5E),”.”

Valuation of agricultural land in drainage district: England and Wales(1)

The Land Drainage Act 1991 is amended as follows.

(2)

In section 41 (rates charged by reference to annual value of agricultural landand buildings), in subsection (2), at the end insert—“This is subject to section 41A below.”(3)

After section 41 insert—“41A Alternative method of calculating annual value of agricultural landand buildings
(1)

(2)

The appropriate national authority may by regulations make provision
for the annual value of each chargeable property in an internal drainage
district to be determined for the purposes of this Chapter by thedrainage board for that district in accordance with the regulations.
Any determination made under the regulations is subject to sections 43
and 44 below.
In this section “the appropriate national authority” means—

30

35

40

96

Environment Bill
Part 5 — Water

(a)
(b)
(3)

(4)

(5)

in the case of any English internal drainage district, theSecretary of State;in the case of any Welsh internal drainage district, the Welsh
Ministers.

Regulations under subsection (1) may, in particular, make provision—(a) about the date by which a drainage board are to determine theannual value of each chargeable property in their internal
drainage district;(b) about methods to be applied, or factors to be taken into account,in determining the annual value of a chargeable property;(c) for the annual value of a chargeable property to be determinedon the basis of estimates, assumptions or averages;(d) for the annual value of a chargeable property to be determinedby reference to such time or times as may be specified in theregulations;(e) for the annual value of a chargeable property to be determinedby reference to the value shown for the time being in a list or
register prepared for the purposes of another enactment;(f) for the annual value of a chargeable property to be determinedby reference to the amount payable under a hypotheticaltransaction involving the property;(g) for determining the annual value of a chargeable property
which is only partly within the internal drainage district inquestion;(h) for the making of adjustments to what would otherwise be
determined to be the annual value of a chargeable property;(i) for the determination of the annual value of a chargeable
property to be made on behalf of a drainage board by a person,or a person of a description, specified in the regulations;(j) about the appointment by the drainage board of such a person.
Provision made by virtue of subsection (3)(f) may, in particular, include
provision as to—(a) the assumptions to be made about—(i) the date of the transaction;(ii) the nature of the transaction;(iii) the characteristics of the parties to the transaction;(iv) the characteristics of the property;(v) the terms of the transaction;(b) any matters relating to the chargeable property which are to betaken into account or disregarded;(c) any matters relating to comparable transactions which are to betaken into account or disregarded.
Regulations under subsection (1) may make provision which—(a) applies to a drainage board which have determined the annual
values of the chargeable properties in their internal drainage
district for the purposes of this Chapter under the regulations(regardless of whether any of those determinations has been
replaced under section 43 below or altered on appeal under
section 46 below), and

5

10

15

20

25

30

35

40

45

97

Environment Bill
Part 5 — Water

(b)

(6)

(7)

(8)

requires the drainage board to make further determinations of
those values for those purposes in accordance with theregulations at such times or at the end of such periods as may
be specified in the regulations.

Provision made by virtue of subsection (5) may, in particular—(a) make provision in relation to such a further determination
which is the same or similar to that made in relation to an initialdetermination, or(b) apply provision in the regulations relating to an initialdetermination to a further determination, with or without
modifications.
Regulations made by the Secretary of State under subsection (1) may
apply in relation to—(a) English drainage boards specified in the regulations;(b) English drainage boards of a description specified in theregulations;(c) all English drainage boards.
Regulations made by the Welsh Ministers under subsection (1) may
apply in relation to—(a) Welsh drainage boards specified in the regulations;(b) Welsh drainage boards of a description specified in theregulations;(c) all Welsh drainage boards.

(9)

Provision made by virtue of subsection (7) or (8) may, in particular,
include provision for an internal drainage board—(a) to elect that the regulations are to apply to them, and(b) to make such an election in accordance with the procedure
specified in the regulations.

(10)Regulations under subsection (1) may—(a) make different provision for different cases, including different
provision in relation to different circumstances or different
descriptions of drainage board or of land;(b) make such incidental, supplementary, consequential,
transitional, transitory or saving provision as the appropriate
national authority considers appropriate.

(11)

Provision made by virtue of subsection (10)(b) may include provision
which amends or repeals any provision of this Act.

(12)

Before making regulations under subsection (1) the appropriate
national authority must consult such persons (if any) as the authority
considers appropriate having regard to the extent to which theregulations are, in the view of the authority, likely to affect thevaluation of any chargeable properties.

(13)

Regulations may not be made under subsection (1) by the Secretary ofState unless a draft of the instrument containing the regulations has
been laid before, and approved by a resolution of, each House of
Parliament.

5

10

15

20

25

30

35

40

45

98

Environment Bill
Part 5 — Water

(14)

(4)

Regulations may not be made under subsection (1) by the Welsh
Ministers unless a draft of the instrument containing the regulations
has been laid before, and approved by a resolution of, Senedd Cymru.”

In section 42 (determination of annual value)—(a) in subsection (4) after “under this section” insert “or under regulations
under section 41A(1) above”;(b) in subsection (5) after “subsections (1) and (2) above” insert “or underregulations under section 41A above”.

5(5)

In section 44 (effect of determinations under section 43) in each of subsections(2) and (3) after “Subject to” insert “regulations under section 41A above and
to”.

10

(6)

In section 45 (appeals against determinations of annual value)—(a) in subsection (1) after “determination under” insert “regulations under
section 41A above or a determination under”;(b) in subsection (3)(b) after “determination under” insert “regulations
under section 41A above or a fresh determination under”;(c) in subsection (7) after “determination under” insert “regulations under
section 41A above or a determination under”.

15

(7)

In section 46 (hearing and determination of appeals under section 45) in eachof subsections (2)(a), (3), (4), (5), (6), (7) and (8) after “determination under”
insert “regulations under section 41A above or a determination under”.

20

(8)

In section 65(2) (regulations) after “section 37A(6) and (7),” insert “section
41A(13) and (14) and”.

98

Disclosure of Revenue and Customs information(1)

The Land Drainage Act 1991 is amended as follows.

(2)

After section 37 insert—

25“Disclosure of Revenue and Customs information
37A Disclosure of Revenue and Customs information(1)

An officer of the Valuation Office of Her Majesty’s Revenue andCustoms may disclose Revenue and Customs information to aqualifying person for a qualifying purpose.

(2)

Information disclosed to a qualifying person under this section may beretained and used for any qualifying purpose.

(3)

Each of the following is a “qualifying person”—(a) an internal drainage board;(b) the Agency;(c) the Natural Resources Body for Wales;(d) a person authorised to exercise any function of a body withinparagraph (a), (b) or (c) relating to drainage rates or special
levies;(e) a person providing services to a body within paragraph (a), (b)or (c) relating to drainage rates or special levies;(f) the Secretary of State;

30

35

40

99

Environment Bill
Part 5 — Water

(g)
(h)
(4)

the Welsh Ministers;
any other person specified in regulations made by theappropriate national authority.

Each of the following is a “qualifying purpose”—(a) enabling the qualifying person to whom the disclosure is made,or any other qualifying person, to carry out any functions
conferred by or under Chapter 1 or 2 of this Part or section 75 of
the Local Government Finance Act 1988;(b) enabling the qualifying person to whom the disclosure is made,or any other qualifying person, to determine for the purposes ofPart 1 how functions mentioned in paragraph (a) might be
exercised by—(i) an internal drainage board which is proposed to beconstituted under that Part, or(ii) the drainage board for an internal drainage district
which is proposed to be constituted under that Part.

(5)

Regulations under subsection (3)(h) may only be made with the consent
of the Commissioners for Her Majesty’s Revenue and Customs.

(6)

Regulations may not be made under subsection (3)(h) by the Secretaryof State unless a draft of the instrument containing the regulations has
been laid before, and approved by a resolution of, each House of
Parliament.

(7)

Regulations may not be made under subsection (3)(h) by the Welsh
Ministers unless a draft of the instrument containing the regulations
has been laid before, and approved by a resolution of, Senedd Cymru.

(8)

37B
(1)

In this section—“the appropriate national authority” means—(a) the Secretary of State in relation to English internal
drainage districts, and(b) the Welsh Ministers in relation to Welsh internal
drainage districts;“drainage rates” means drainage rates made by an internal
drainage board under Chapter 2 of this Part;“Revenue and Customs information” means information held asmentioned in section 18(1) of the Commissioners for Revenue
and Customs Act 2005;“special levy” means a special levy issued by an internal drainage
board under regulations under section 75 of the Local
Government Finance Act 1988.
Restrictions on onward disclosure of Revenue and Customs
information
Information disclosed under section 37A or this section may not be
further disclosed unless that further disclosure is—(a) to a qualifying person for a qualifying purpose,(b) in pursuance of a court order,(c) with the consent of each person to whom the information
relates,(d) required under any other enactment, or

5

10

15

20

25

30

35

40

45

100

Environment Bill
Part 5 — Water

(e)
(2)

permitted under any other enactment.

Information may not be disclosed—(a) under subsection (1)(a) to a qualifying person within section
37A(3)(d), (e), (f) or (g),(b) under subsection (1)(a) to a person who is a qualifying person
by virtue of regulations under section 37A(3)(h), where thoseregulations specify that this subsection is to apply in relation to
the person, or(c) under subsection (1)(e),
except with the consent of the Commissioners for Her Majesty’s
Revenue and Customs (which may be general or specific).

5

10

(3)

Information disclosed to a qualifying person under this section may beretained and used for any qualifying purpose.

(4)

A person commits an offence if the person contravenes subsection (1)or (2) by disclosing information relating to a person whose identity—(a) is specified in the disclosure, or(b) can be deduced from it.

(5)

It is a defence for a person charged with an offence under this section
to prove that the person reasonably believed—(a) that the disclosure was lawful, or(b) that the information had already lawfully been made available
to the public.

20

A person guilty of an offence under this section is liable—(a) on summary conviction, to imprisonment for a term notexceeding 12 months, to a fine or to both;(b) on conviction on indictment, to imprisonment for a term notexceeding two years, to a fine or to both.

25

(6)

15

(7)

A prosecution under this section may be instituted only by, or with theconsent of, the Director of Public Prosecutions.

(8)

In relation to an offence under this section committed before thecoming into force of paragraph 24(2) of Schedule 22 to the Sentencing
Act 2020 (increase in maximum term that may be imposed on summaryconviction of offence triable either way) the reference in subsection(6)(a) to 12 months is to be read as a reference to 6 months.

30

(9)

This section is without prejudice to the pursuit of any remedy or thetaking of any action in relation to a contravention of subsection (1) or(2) (whether or not subsection (4) applies to the contravention).

35

(10)

In this section—“qualifying person” has the same meaning as in section 37A;
“qualifying purpose” has the same meaning as in that section.

37C
(1)

Further provisions about disclosure under section 37A or 37B
A disclosure of information under section 37A or 37B does not breach—(a) any obligation of confidence owed by the person making thedisclosure, or

40

101

Environment Bill
Part 5 — Water

(b)
(2)

any other restriction on the disclosure of information (however
imposed).

But nothing in section 37A or 37B authorises the making of adisclosure—(a) if the disclosure would contravene the data protection
legislation (but in determining whether a disclosure would doso, take the powers conferred by those sections into account), or(b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9of the Investigatory Powers Act 2016.

(3)

Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory
Powers Act 2016 is fully in force, subsection (2)(b) has effect as if it
included a reference to that Part.

(4)

Revenue and customs information relating to a person which has been
disclosed under section 37A or 37B is exempt information by virtue ofsection 44(1)(a) of the Freedom of Information Act 2000 (prohibition on
disclosure) if its further disclosure—(a) would specify the identity of the person to whom theinformation relates, or(b) would enable the identity of such a person to be deduced.

(5)

In subsection (4) “revenue and customs information relating to aperson” has the same meaning as in section 19(2) of the Commissioners
for Revenue and Customs Act 2005.

(6)

In this section “data protection legislation” has the same meaning as in
the Data Protection Act 2018 (see section 3(9) of that Act).”(3)

In section 65(2) (regulations) after “and (5E),” insert “section 37A(6) and (7),”.

(4)

In section 70 (confidentiality of information obtained by Environment Agency
and Natural Resources Body for Wales)—(a) the existing provision becomes subsection (1);(b) after that subsection insert—
“(2)

(5)

5

10

15

20

25

30

Subsection (1) does not apply to information obtained by virtueof section 37A (disclosure of Revenue and Customs
information).”In section 72(1) (interpretation), at the appropriate places insert—““enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978;”;““English drainage board” means a drainage board for an English
internal drainage district;”;““English internal drainage district” means an internal drainage
district which is wholly or mainly in England;”;““Welsh drainage board” means a drainage board for a Welshinternal drainage district;”;““Welsh internal drainage district” means an internal drainage
district which is wholly or mainly in Wales.”.

35

40

102

Environment Bill
Part 6 — Nature and biodiversity

PART 6
NATURE AND BIODIVERSITY
Biodiversity gain in planning
99

Biodiversity gain as condition of planning permission
Schedule 14 makes provision for biodiversity gain to be a condition of planningpermission in England.

100

5

Biodiversity gain in nationally significant infrastructure projects
Schedule 15 makes provision about biodiversity gain in relation todevelopment consent for nationally significant infrastructure projects.

101

Biodiversity gain site register(1)

The Secretary of State may by regulations make provision for and in relation toa register of biodiversity gain sites (“the biodiversity gain site register”).

(2)

A biodiversity gain site is land where—(a) a person is required under a conservation covenant or planningobligation to carry out works for the purpose of habitat enhancement,(b) that or another person is required to maintain the enhancement for atleast 30 years after the completion of those works, and(c) for the purposes of Schedule 7A to the Town and Country Planning Act
1990 the enhancement is made available to be allocated (conditionallyor unconditionally, and whether for consideration or otherwise) in
accordance with the terms of the covenant or obligation to one or moredevelopments for which planning permission is granted.

10

15

20

(3)

Regulations under this section must provide for the information in the registerto be accessible to members of the public.

(4)

Regulations under this section may in particular make provision about—(a) the person who is to establish and maintain the biodiversity gain site
register (who may be the Secretary of State, Natural England or anotherperson);(b) circumstances in which land is or is not eligible to be registered;(c) applications to register land in the register;(d) the information to be recorded in relation to any land that is registered;(e) amendments to the register;(f) removal of land from the register;(g) fees payable in respect of any application under the regulations.

25

Provision under subsection (4)(c) may in particular include provision about—(a) who is entitled to apply to register land in the biodiversity gain site
register;(b) the procedure to be followed in making an application;(c) the information to be provided in respect of an application;(d) how an application is to be determined;(e) appeals against the rejection of an application;

35

(5)

30

40

Environment Bill
Part 6 — Nature and biodiversity

(f)
(6)

103

financial penalties for the supply of false or misleading information inconnection with an application.

Provision under subsection (4)(d) may in particular require the recording of thefollowing in relation to any land registered in the biodiversity gain site
register—(a) the location and area of the land;(b) the works to be carried out on the land and the habitat enhancement tobe achieved by them;(c) information about the habitat of the land before the commencement of
those works;(d) the person who applied to register the land and (if different) the person
by whom the requirement to carry out the works or maintain the
habitat enhancement is enforceable;(e) any development to which any of the habitat enhancement has been
allocated;(f) the biodiversity value (for the purposes of Schedule 7A to the Town
and Country Planning Act 1990 or Schedule 2A to the Planning Act
2008) of any such habitat enhancement in relation to any suchdevelopment.

(7)

Regulations under this section may amend subsection (2)(b) so as to substitutefor the period for the time being specified there a different period of at least 30
years.

(8)

Regulations under this section making provision under subsection (4)(g) or(5)(f) are subject to the affirmative procedure.

(9)

Other regulations under this section are subject to the negative procedure.

(10)

The Secretary of State must keep under review—(a) the supply of land for registration in the biodiversity gain site register;(b) whether the period specified in subsection (2)(b) or in paragraph 9(3) ofSchedule 7A to the Town and Country Planning Act 1990 can beincreased under subsection (7) or paragraph 9(4) of that Schedule
without adversely affecting that supply.

5

10

15

20

25

30

(11)

In this section “development”, “habitat enhancement”, “planning obligation”
and “planning permission” have the same meanings as in Schedule 7A to the
Town and Country Planning Act 1990.

102

Biodiversity credits

35

The Secretary of State may make arrangements under which a person who isentitled to carry out the development of any land may purchase a credit fromthe Secretary of State for the purpose of meeting the biodiversity gain objective
referred to in Schedule 7A to the Town and Country Planning Act 1990 or
Schedule 2A to the Planning Act 2008.

40

(1)

(2)

A credit is to be regarded for the purposes of that Schedule as having suchbiodiversity value as is determined under the arrangements.

(3)

The arrangements may in particular include arrangements relating to—(a) applications to purchase credits;(b) the amount payable in respect of a credit of a given value;(c) proof of purchase;

45

104

Environment Bill
Part 6 — Nature and biodiversity

(d)
(4)

reimbursement for credits purchased for development which is not
carried out.

In determining the amount payable under the arrangements for a credit of agiven value the Secretary of State must have regard to the need to determine
an amount which does not discourage the registration of land in thebiodiversity gain sites register.

(5)

The Secretary of State must publish information about the arrangements,
including in particular the amount payable for credits.

(6)

The Secretary of State may use payments received under arrangements under
this section for the following purposes (only)—(a) carrying out works, or securing the carrying out of works, for the
purpose of habitat enhancement (within the meaning of Part 7A of the
Town and Country Planning Act 1990) on land in England;(b) purchasing interests in land in England with a view to carrying out
works, or securing the carrying out of works, for that purpose;(c) operating or administering the arrangements.

(7)

The references to works in subsection (6) do not include works which theSecretary of State is required to carry out apart from this section by virtue ofany enactment.

(8)

The Secretary of State must publish reports relating to the discharge of theSecretary of State’s functions under subsections (1) and (6).

(9)

A report must relate to a period not exceeding a year which—(a) in the case of the first report, begins on the date on which Schedule 7A
to the Town and Country Planning Act 1990 comes into force in relation
to any development (within the meaning of Part 3 of that Act), and(b) in the case of any subsequent report, begins on the day after the last dayof the period to which the previous report related.

(10)

A report must set out—(a) the total payments received under arrangements under this section in
the period to which the report relates,(b) how those payments have been used, and(c) where those payments have been used for the purpose of carrying out
or securing the carrying out of works for the purpose of habitat
enhancement, the projected biodiversity value of the habitat
enhancement at such time or times after completion of the works as the
Secretary of State considers it appropriate to specify.

5

10

15

20

25

30

35

Biodiversity objective and reporting
103

General duty to conserve and enhance biodiversity(1)

Section 40 of the Natural Environment and Rural Communities Act 2006 (dutyto conserve biodiversity) is amended in accordance with subsections (2) to (7).

(2)

In the heading, after “conserve” insert “and enhance”.

40Environment Bill
Part 6 — Nature and biodiversity

(3)

105

For subsections (A1) and (1) substitute—“(A1)

For the purposes of this section “the general biodiversity objective” isthe conservation and enhancement of biodiversity in England throughthe exercise of functions in relation to England.

(1)

A public authority which has any functions exercisable in relation to
England must from time to time consider what action the authority canproperly take, consistently with the proper exercise of its functions, tofurther the general biodiversity objective.

(1A)

After that consideration the authority must (unless it concludes there isno new action it can properly take)—(a) determine such policies and specific objectives as it considers
appropriate for taking action to further the general biodiversity
objective, and(b) take such action as it considers appropriate, in the light of thosepolicies and objectives, to further that objective.

(1B)

The requirements of subsection (1A)(a) may be satisfied (to any extent)
by revising any existing policies and specific objectives for taking
action to further the general biodiversity objective.

(1C)

The first consideration required by subsection (1) must be completed
by the authority within the period of one year beginning with the dayon which section 103 of the Environment Act 2021 comes into force.

(1D)

Any subsequent consideration required by subsection (1) must becompleted no more than five years after the completion of theauthority’s previous consideration.

(1E)

A determination required by subsection (1A)(a) must be made as soon
as practicable after the completion of the consideration to which it
relates.

(1F)

Nothing in this section prevents the authority from—(a) determining or revising policies and specific objectives at any
time, or(b) taking action to further the general biodiversity objective at any
time.”(4)

In subsection (2) for “subsection (1)” substitute “subsections (1) and (1A)”.

(5)

After subsection (2) insert—

5

10

15

20

25

30

“(2A)

In complying with subsections (1) and (1A) the authority must in
particular have regard to—(a) any relevant local nature recovery strategy, and(b) any relevant species conservation strategy or protected site
strategy prepared by Natural England.

35

(2B)

The Secretary of State must issue guidance to local planning authorities
as to how they are to comply with their duty under subsection (2A)(a)when complying with subsections (1) and (A1) in their capacity as such
authorities.

40

(2C)

Guidance under subsection (2B) must be—

106

Environment Bill
Part 6 — Nature and biodiversity

(a)
(b)
(c)
(2D)

(6)

(7)

104
(1)

5

The action which may be taken by the authority to further the general
biodiversity objective includes, in particular, action taken for the
purpose of—(a) conserving, restoring or otherwise enhancing a population of aparticular species, and(b) conserving, restoring or otherwise enhancing a particular typeof habitat.”10

15

After subsection (5) insert—
“(6)

(8)

The first guidance under subsection (2B) must be published by the
Secretary of State within the period of two years beginning with the dayon which section 103 of the Environment Act 2021 comes into force.”

For subsection (3) substitute—
“(3)

(7)

published by the Secretary of State in such manner as the
Secretary of State thinks fit,
kept under review, andrevised where the Secretary of State considers it appropriate.

This section has effect in relation to Her Majesty’s Revenue andCustoms with the following modifications—(a) the omission from subsection (A1) of the words “in England”
and “in relation to England”;(b) the omission from subsection (1) of the words from “which” to“England”.

20

In this section references to England include the territorial sea adjacent
to England.”In section 41 of that Act (biodiversity lists and action (England))—(a) in subsection (1), after “conserving” insert “or enhancing”;(b) in subsection (3) for “and (2)” substitute “and (1A)”.

25

Biodiversity reports
After section 40 of the Natural Environment and Rural Communities Act 2006
insert—30“40A Biodiversity reports(1)This section applies to—(a) a local authority in England other than a parish council,(b) a local planning authority in England, and(c) a designated authority (see subsection (8)(a)).

(2)

A public authority to which this section applies (“the authority”) must
publish biodiversity reports in accordance with this section.

(3)

A biodiversity report so published must contain—(a) a summary of the action which the authority has taken over theperiod covered by the report for the purpose of complying withits duties under section 40(1) and (1A),35

40

Environment Bill
Part 6 — Nature and biodiversity

(b)
(c)
(d)
(4)

107

a summary of the authority’s plans for complying with thoseduties over the period of five years following the period
covered by the report,
any quantitative data required to be included in the report by
regulations under subsection (8)(b), andany other information that the authority considers it
appropriate to include in the report.

If the authority is a local planning authority, its biodiversity reportmust also contain—(a) a summary of the action taken by the authority in carrying out
its functions under Schedule 7A to the Town and Country
Planning Act 1990 (biodiversity gain as condition of planningpermission) over the period covered by the report,(b) information about any biodiversity gains resulting or expected
to result from biodiversity gain plans approved by the authority
during that period, and(c) a summary of the authority’s plans for carrying out thosefunctions over the five year period following the period coveredby the report.

(5)

A biodiversity report—(a) must specify the period covered by the report, and(b) must be published within the period of 12 weeks following thelast day of that period.

(6)

The authority’s first biodiversity report must cover a period chosen by
the authority which—(a) is no longer than three years, and(b) begins with the day on which the authority first becomessubject to the duty under subsection (2).

(7)

A subsequent biodiversity report made by the authority must cover a
period chosen by the authority which—(a) is no longer than five years, and(b) begins with the day after the last day of the period covered byits most recent biodiversity report.

(8)

The Secretary of State may by regulations—(a) provide for specified public authorities, or public authorities ofa specified description, to be designated authorities for the
purposes of this section;(b) require biodiversity reports to include specified quantitative
data relating to biodiversity in any area of land in England in
relation to which the authority exercises any functions.
In this subsection “specified” means specified in the regulations.

(9)

Public authorities with no functions exercisable in relation to England
may not be designated under subsection (8)(a).

(10)

The power to make regulations under subsection (8) is exercisable bystatutory instrument.

5

10

15

20

25

30

35

40

45

108

Environment Bill
Part 6 — Nature and biodiversity(11)

A statutory instrument containing regulations under subsection (8) issubject to annulment in pursuance of a resolution of either House of
Parliament.

(12)

Terms used in this section and section 40 have the same meaning as inthat section.”

5

Local nature recovery strategies
105

Local nature recovery strategies for England(1)

There are to be local nature recovery strategies for areas in England.

(2)

Together the local nature recovery strategies are to cover the whole of England.

(3)

The Secretary of State is to determine the areas within England to which
individual local nature recovery strategies are to relate.

(4)

The area of a local authority, other than a county council, may not be split
between local nature recovery strategies.

(5)

Section 40(2A) of the Natural Environment and Rural Communities Act 2006
(duty to conserve biodiversity) makes provision about the duties of publicauthorities in relation to local nature recovery strategies.

106

10

15

Preparation of local nature recovery strategies(1)

A local nature recovery strategy for an area (“the strategy area”) is to beprepared and published by the responsible authority.

(2)

The responsible authority for a local nature recovery strategy is such one of thefollowing authorities as is appointed by the Secretary of State—(a) a local authority whose area is, or is within, the strategy area;(b) the Mayor of London;(c) the mayor for the area of a combined authority established under
section 103 of the Local Democracy, Economic Development andConstruction Act 2009;(d) a National Park authority in England;(e) the Broads Authority;(f) Natural England.

20

(3)

A local nature recovery strategy is to be reviewed and republished from time
to time by the responsible authority.

30

(4)

The Secretary of State may by regulations make provision about the procedure
to be followed in the preparation and publication, and review andrepublication, of local nature recovery strategies.

(5)

Regulations under this section may, for example, include provision—(a) requiring the provision of information by a local authority whose area
is, or is within, the strategy area but which is not the responsible
authority;(b) for a local nature recovery strategy to be agreed by all of the local
authorities whose areas are within the strategy area;

25

35

40

Environment Bill
Part 6 — Nature and biodiversity

(c)
(d)
(e)
(6)
107

109

for the procedure for reaching such agreement and for the resolution ofdisagreements (including resolution by the Secretary of State or by apublic inquiry);for consultation, including consultation of members of the public;
for the times at or after which a local nature recovery strategy is to bereviewed and republished.

Regulations under this section are subject to the negative procedure.
Content of local nature recovery strategies(1)

A local nature recovery strategy relating to an area (“the strategy area”) is toinclude—(a) a statement of biodiversity priorities for the strategy area, and(b) a local habitat map for the whole strategy area or two or more local
habitat maps which together cover the whole strategy area.

(2)

The statement of biodiversity priorities referred to in subsection (1)(a) is toinclude—(a) a description of the strategy area and its biodiversity,(b) a description of the opportunities for recovering or enhancing
biodiversity, in terms of habitats and species, in the strategy area,(c) the priorities, in terms of habitats and species, for recovering or
enhancing biodiversity (taking into account the contribution thatrecovering or enhancing biodiversity can also make to otherenvironmental benefits), and(d) proposals as to potential measures relating to those priorities.

(3)

5

A local habitat map referred to in subsection (1)(b) is a map identifying—(a) national conservation sites in the strategy area,(b) any nature reserves in the strategy area provided under section 21 of
the National Parks and Access to the Countryside Act 1949, and(c) other areas in the strategy area which in the opinion of the responsible
authority—(i) are, or could become, of particular importance for biodiversity,or(ii) are areas where the recovery or enhancement of biodiversity
could make a particular contribution to other environmental
benefits.

(4)

A local habitat map which does not relate to the whole of the strategy area must
relate to the area of one or more local authorities within the strategy area.

(5)

The Secretary of State may issue guidance as to—(a) information to be included in a local nature recovery strategy pursuant
to the requirements in subsections (1) to (3), and(b) any other matters to be included in a local nature recovery strategy.

(6)

A responsible authority must have regard to the guidance when preparing a
local nature recovery strategy.

(7)

The Secretary of State must lay before Parliament, and publish, the guidance.

10

15

20

25

30

35

40

110
108

Environment Bill
Part 6 — Nature and biodiversity

Information to be provided by the Secretary of State(1)

For the purpose of assisting responsible authorities in their preparation of local
nature recovery strategies, the Secretary of State must prepare and publish anational habitat map for England.

(2)

The national habitat map must in particular identify—(a) national conservation sites, and(b) other areas that in the opinion of the Secretary of State are of particularimportance for biodiversity.

(3)

The Secretary of State may from time to time review and republish the national
habitat map.

(4)

The Secretary of State must inform a responsible authority of any area in theauthority’s strategy area which falls within subsection (5).

(5)

An area falls within this subsection if in the Secretary of State’s opinion—(a) the area could be of greater importance for biodiversity, or is an area
where the recovery or enhancement of biodiversity could make acontribution to other environmental benefits, and(b) the area could contribute to the establishment of a network of areas
across England for the recovery and enhancement of biodiversity in
England as a whole.

(6)

109

10

15

The Secretary of State must provide a responsible authority with any otherinformation—(a) that is held by the Secretary of State, and(b) that the Secretary of State considers might assist the authority inpreparing a local nature recovery strategy.

20

Interpretation

25

(1)

This section has effect for the purposes of sections 105 to 108.

(2)

“Local authority” means—(a) a county or district council in England;(b) a London borough council;(c) the Common Council of the City of London;(d) the Council of the Isles of Scilly.

(3)5“National conservation site” means—(a) a site of special scientific interest, within the meaning of Part 2 of the
Wildlife and Countryside Act 1981;(b) a national nature reserve declared in accordance with section 35 of thatAct;(c) a Ramsar site, within the meaning of section 37A of that Act;(d) a marine conservation zone designated under section 116 of the Marine
and Coastal Access Act 2009;(e) a European site, within the meaning of regulation 8 of the Conservationof Habitats and Species Regulations 2017 (SI 2017/1012).

30

35

40

111

Environment Bill
Part 6 — Nature and biodiversity

Conservation
110

Species conservation strategies(1)

Natural England may prepare and publish a strategy for improving theconservation status of any species of fauna or flora.

(2)

A strategy under subsection (1) is called a “species conservation strategy”.

(3)

A species conservation strategy must relate to an area (the “strategy area”)
consisting of—(a) England, or(b) any part of England.

(4)

A species conservation strategy for a species may in particular—(a) identify areas or features in the strategy area which are of importanceto the conservation of the species,(b) identify priorities in relation to the creation or enhancement of habitat
for the purpose of improving the conservation status of the species inthe strategy area,(c) set out how Natural England proposes to exercise its functions inrelation to the species across the whole of the strategy area or in any
part of it for the purpose of improving the conservation status of thespecies in the strategy area,(d) include Natural England’s opinion on the giving by any other publicauthority of consents or approvals which might affect the conservation
status of the species in the strategy area, and(e) include Natural England’s opinion on measures that it would beappropriate to take to avoid, mitigate or compensate for any adverse
impact on the conservation status of the species in the strategy area that
may arise from a plan, project or other activity.

(5)

Natural England may, from time to time, amend a species conservation
strategy.

(6)

A local planning authority in England and any prescribed authority must cooperate with Natural England in the preparation and implementation of a
species conservation strategy so far as relevant to the authority’s functions.

(7)

The Secretary of State may give guidance to local planning authorities inEngland and to prescribed authorities as to how to discharge the duty insubsection (6).

(8)

The Secretary of State must lay before Parliament, and publish, the guidance.

(9)

A local planning authority in England and any prescribed authority must in
the exercise of its functions have regard to a species conservation strategy so
far as relevant to its functions.

(10)

In this section—“England” includes the territorial sea adjacent to England, which for thispurpose does not include—(a) any part of the territorial sea adjacent to Wales for the generalor residual purposes of the Government of Wales Act 2006 (seesection 158 of that Act), or

5

10

15

20

25

30

35

40

112

Environment Bill
Part 6 — Nature and biodiversity(b)

any part of the territorial sea adjacent to Scotland for the generalor residual purposes of the Scotland Act 1998 (see section 126 ofthat Act);“local planning authority” means a person who is a local planning
authority for the purposes of any provision of Part 3 of the Town andCountry Planning Act 1990;“prescribed authority” means an authority exercising functions of a public
nature in England which is specified for the purposes of this section by
regulations made by the Secretary of State.
(11)

Regulations under subsection (10) are subject to the negative procedure.

111

Protected site strategies(1)

Natural England may prepare and publish a strategy for—(a) improving the conservation and management of a protected site, and(b) managing the impact of plans, projects or other activities (whereverundertaken) on the conservation and management of the protected site.

(2)

A strategy under subsection (1) is called a “protected site strategy”.

(3)

A “protected site” means—(a) a European site,(b) a site of special scientific interest, or(c) a marine conservation zone,
to the extent the site or zone is within England.

(4)

(5)

A protected site strategy for a protected site may in particular—(a) include an assessment of the impact that any plan, project or otheractivity may have on the conservation or management of the protectedsite (whether assessed individually or cumulatively with otheractivities),(b) include Natural England’s opinion on measures that it would beappropriate to take to avoid, mitigate or compensate for any adverse
impact on the conservation or management of the protected site that
may arise from a plan, project or other activity,(c) identify any plan, project or other activity that Natural Englandconsiders is necessary for the purposes of the conservation or
management of the protected site, and(d) cover any other matter which Natural England considers is relevant tothe conservation or management of the protected site.
In preparing a protected site strategy for a protected site, Natural Englandmust consult—(a) any local planning authority in England which exercises functions in
respect of an area—(i) within which any part of the protected site is located, or(ii) within which a plan, project or other activity that Natural
England considers may have an adverse impact on theconservation or management of the protected site is being, or is
proposed to be, undertaken,(b) any public authority in England—(i) that is undertaking, or proposing to undertake, a plan, projector other activity that Natural England considers may have an

5

10

15

20

25

30

35

40

45

Environment Bill
Part 6 — Nature and biodiversity

(c)

(d)

(e)
(f)
(g)

(6)

(7)

113

adverse impact on the conservation or management of theprotected site,(ii) the consent or approval of which is required in respect of a plan,
project or other activity that Natural England considers may
have an adverse impact on the conservation or management of
the protected site, or(iii) that Natural England considers may otherwise be affected by
the strategy,
any IFC authority in England which exercises functions in respect of an
area—(i) the conservation or management of which Natural Englandconsiders may be affected by the strategy, or(ii) the sea fisheries resources of which Natural England considers
may be affected by the strategy,
the Marine Management Organisation, where—(i) any part of the protected site is within the MMO’s area, or(ii) Natural England considers any part of the MMO’s area mayotherwise be affected by the strategy,
the Environment Agency,
the Secretary of State, andany other person that Natural England considers should be consulted
in respect of the strategy, including the general public or any section ofit.

In subsections (4) and (5), a reference to an adverse impact on the conservationor management of a protected site includes—(a) in relation to a European site, anything which adversely affects theintegrity of the site,(b) in relation to a site of special scientific interest, anything which is likely
to adversely affect the flora, fauna or geological or physiographicalfeatures by reason of which the site is of special interest,(c) in relation to a marine conservation zone, anything which hinders theconservation objectives stated for the zone pursuant to section 117(2) of
the Marine and Coastal Access Act 2009, and(d) any other thing which causes deterioration of natural habitats and thehabitats of species as well as disturbance of the species in the protectedsite, in so far as such disturbance could be significant in relation to theconservation or management of the protected site.
A person whom Natural England consults under subsection (5)(a) to (e) must
co-operate with Natural England in the preparation of a protected site strategy
so far as relevant to the person’s functions.

(8)

The Secretary of State may give guidance as to how to discharge the duty insubsection (7).

(9)

The Secretary of State must lay before Parliament, and publish, the guidance.

(10)

A person must have regard to a protected site strategy so far as relevant to any
duty which the person has under—(a) the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012),(b) sections 28G to 28I of the Wildlife and Countryside Act 1981, or(c) sections 125 to 128 of the Marine and Coastal Access Act 2009.

5

10

15

20

25

30

35

40

45

114

Environment Bill
Part 6 — Nature and biodiversity(11)

Natural England may, from time to time, amend a protected site strategy.

(12)

The duty to consult a person under subsection (5) also applies when Natural
England amends a protected site strategy under subsection (11) so far as theamendment is relevant to the person’s functions.

(13)

In this section—“England” has the meaning given in section 110;“European site” has the meaning given in regulation 8 of the Conservationof Habitats and Species Regulations 2017;“IFC authority” means an inshore fisheries and conservation authority
created under section 150 of the Marine and Coastal Access Act 2009;“local planning authority” has the meaning given in section 110;“marine conservation zone” means an area designated as a marine
conservation zone under section 116(1) of the Marine and Coastal
Access Act 2009;“MMO’s area” has the meaning given in section 2(12) of the Marine andCoastal Access Act 2009;“public authority” has the meaning given in section 40(4) of the Natural
Environment and Rural Communities Act 2006;“sea fisheries resources” has the meaning given in section 153(10) of the
Marine and Coastal Access Act 2009;“site of special scientific interest” means an area notified under section
28(1) of the Wildlife and Countryside Act 1981.

112
(1)

(2)

(3)

10

15

20

Wildlife conservation: licences
In section 10 of the Wildlife and Countryside Act 1981 (exceptions to section 9of that Act), in subsection (1)—(a) in paragraph (a), omit the final “or”;(b) at the end insert “or(c) anything done in relation to an animal of any species
pursuant to a licence granted by Natural England underregulation 55 of the Conservation of Habitats andSpecies Regulations 2017 (S.I. 2017/1012) in respect ofan animal or animals of that species”.
In section 16 of that Act (power to grant licences), in subsection (3)—(a) in paragraph (h), omit the final “or”;(b) at the end insert “or(j) in England, for reasons of overriding public interest”.

25

30

35

In that section, after subsection (3A) insert—
“(3B)

(4)

5

In England, the appropriate authority shall not grant a licence undersubsection (3) unless it is satisfied—(a) that there is no other satisfactory solution, and(b) that the grant of the licence is not detrimental to the survival ofany population of the species of animal or plant to which thelicence relates.”

In that section, in subsections (5A)(c) and (6)(b), after “two years,” insert “or in
the case of a licence granted by Natural England five years,”.

40

45

115

Environment Bill
Part 6 — Nature and biodiversity(5)

In that section, in subsection (9)(c), after “to (e)” insert “or (j)”.

(6)

In the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012),
in regulation 55(10), for “two years” substitute—“(a) five years, in the case of a licence granted by Natural England,or(b) two years, in any other case.”

5

Habitats Regulations
113

Habitats Regulations: power to amend general duties(1)

The Secretary of State may by regulations amend the Conservation of Habitats
and Species Regulations 2017 (S.I. 2017/1012) (the “Habitats Regulations”), as
they apply in relation to England, for the purposes in subsection (2).

(2)

The purposes are—(a) to require persons within regulation 9(1) of the Habitats Regulations toexercise functions to which that regulation applies—(i) to comply with requirements imposed by regulations under thissection, or(ii) to further objectives specified in regulations under this section,
instead of exercising them to secure compliance with the requirementsof the Directives;(b) to require persons within regulation 9(3) of the Habitats Regulations,when exercising functions to which that regulation applies, to haveregard to matters specified by regulations under this section instead of
the requirements of the Directives.

(3)

The regulations may impose requirements, or specify objectives or matters,
relating to—(a) targets in respect of biodiversity set by regulations under section 2 or 4;(b) improvements to the natural environment which relate to biodiversity
and are set out in an environmental improvement plan.

(4)

The regulations may impose any other requirements, or specify any otherobjectives or matters, relating to the conservation or enhancement of
biodiversity that the Secretary of State considers appropriate.

(5)

Regulations under this section may also, in connection with provision made forthe purposes in subsection (2), amend other provisions of the Habitats
Regulations, as they apply in relation to England, which refer to requirements,
objectives or provisions of the Directives.

(6)

In making regulations under this section the Secretary of State must haveregard to the particular importance of furthering the conservation andenhancement of biodiversity.

(7)

The Secretary of State may make regulations under this section only if satisfied
that the regulations do not reduce the level of environmental protection
provided by the Habitats Regulations.

(8)

Before making regulations under this section the Secretary of State must lay
before Parliament, and publish, a statement explaining why the Secretary ofState is satisfied as mentioned in subsection (7).

10

15

20

25

30

35

40

116

Environment Bill
Part 6 — Nature and biodiversity(9)

Before making regulations under this section the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(10)Regulations under this section may not come into force before 1 February 2023.

(11)

In this section—“the Directives” has the same meaning as in the Habitats Regulations (seeregulation 3(1));“England” includes the territorial sea adjacent to England, which for thispurpose does not include—(a) any part of the territorial sea adjacent to Wales for the generalor residual purposes of the Government of Wales Act 2006 (seesection 158 of that Act), or(b) any part of the territorial sea adjacent to Scotland for the generalor residual purposes of the Scotland Act 1998 (see section 126 ofthat Act);“environmental improvement plan” has the same meaning as in Part 1.

(12)

Regulations under this section are subject to the affirmative procedure.

114

Habitats Regulations: power to amend Part 6(1)

The Secretary of State may by regulations amend Part 6 of the Conservation of
Habitats and Species Regulations 2017 (S.I. 2017/1012) (the “Habitats
Regulations”) (assessment of plans and projects) as they apply in relation to
England.

(2)

In making regulations under this section the Secretary of State must haveregard to the particular importance of furthering the conservation andenhancement of biodiversity.

(3)

The Secretary of State may make regulations under this section only if satisfied
that the regulations do not reduce the level of environmental protection
provided by the Habitats Regulations.

(4)

Before making regulations under this section the Secretary of State must lay
before Parliament, and publish, a statement explaining why the Secretary ofState is satisfied as mentioned in subsection (3).

(5)

Before making regulations under this section the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(6)

In this section “England” has the same meaning as in section 113.

(7)

Regulations under this section are subject to the affirmative procedure.

115

Habitats Regulations: limits on powers to amend
The Secretary of State may only make regulations under section 113 or 114—(a) for the purposes of—(i) securing compliance with an international environmental
obligation, or(ii) contributing to the favourable conservation status of species or
habitats or the favourable condition of protected sites;

5

10

15

20

25

30

35

40

117

Environment Bill
Part 6 — Nature and biodiversity

(b)
(c)

if the regulations do not reduce the level of protection provided by the
Habitats Regulations, including protection for protected species,
habitats or sites; andfollowing public consultation and consultation with—(i) the Office for Environmental Protection,(ii) Natural England,(iii) the Joint Nature Conservation Committee, and(iv) other relevant expert bodies.

5

Tree felling and planting
116

Controlling the felling of trees in England

10

Schedule 16 makes amendments to Part 2 of the Forestry Act 1967 in relation to
the enforcement of the power to control the felling of trees in England.

117

Duty to implement an enhanced protection standard for ancient woodland in
England(1)

The Government must implement an enhanced protection standard for ancient
woodland, hereafter referred to as the “ancient woodland standard” inEngland as set out in subsections (2), (3) and (4) and this must have immediate
effect.

(2)

The ancient woodland standard must set out the steps necessary to prevent
further loss of ancient woodland in England.

(3)

The ancient woodland standard commits the Government to adopting astandard of protection which must be a requirement for all companies, persons
or organisations involved in developments affecting ancient woodlands in
England.

(4)

This standard must be that—(a) any development that causes direct loss to ancient woodland or ancient
woodland and ancient and veteran trees must be refused unless there
are wholly exceptional reasons and, in addition, a suitablecompensation strategy must be in place prior to development
commencing,(b) any development adjacent to ancient woodland must incorporate aminimum 50-metre buffer to provide protection, reduce indirect
damage and provide space for natural regeneration,(c) any ancient or veteran trees must be retained within a development
site, including a root protection area and appropriate buffer zone.

(5)This buffer zone must be whichever is greater of—(a) an area which is a radius of 15 times the diameter of the tree with nocap, or(b) 5 metres beyond the crown.

15

20

25

30

35

118
118

Environment Bill
Part 6 — Nature and biodiversity

Local highway authorities in England to consult before felling street trees
After section 96 of the Highways Act 1980 insert—“96A Duty of local highway authorities in England to consult before fellingstreet trees(1)

A local highway authority in England must consult members of the
public before felling a tree on an urban road (a “street tree”).

(2)

A local highway authority must have regard to any guidance given by
the Secretary of State to local highway authorities about how todischarge the duty under subsection (1).

(3)

The duty under subsection (1) does not apply in a case where—(a) the street tree has a diameter not exceeding 8 centimetres(measured over the bark, at a point 1.3 metres above groundlevel),(b) the authority considers that the street tree is dead,(c) the authority considers that the street tree is required to befelled—(i) by virtue of an order under the Plant Health Act 1967, or(ii) under any enactment on the basis that the tree isdangerous,(d) the authority considers that the street tree is required to befelled in order to comply with—(i) a duty to make reasonable adjustments in the Equality
Act 2010 because the tree is causing an obstruction (seesection 20 of that Act), or(ii) a duty in section 29 of that Act (prohibitions on
discrimination etc in the provision of services) because
the tree is causing an obstruction, or(e) the felling of the street tree is required for the purpose ofcarrying out development authorised by—(i) planning permission granted under section 70, 73, 76D,
77 or 79 of the Town and Country Planning Act 1990, or(ii) outline planning permission granted under section 92 ofthat Act.

(4)

In subsection (1) “urban road” means a highway, other than a trunk
road or classified road, which—(a) is a restricted road for the purposes of section 81 of the Road
Traffic Regulation Act 1984 (30 miles per hour speed limit),(b) is subject to an order made by virtue of section 84(1)(a) of that
Act imposing a speed limit not exceeding 40 miles per hour, or(c) is otherwise a street in an urban area.”

5

10

15

20

25

30

35

40

Use of forest risk commodities in commercial activity
119(1)

Use of forest risk commodities in commercial activity
In Schedule 17—(a) Part 1 makes provision about the use of forest risk commodities incommercial activity,

45

119

Environment Bill
Part 6 — Nature and biodiversity

(b)
(c)
(2)

(3)

Part 2 makes provision about enforcement, andPart 3 contains general provisions.

Regulations under the following provisions of Schedule 17 are subject to theaffirmative procedure—(a) paragraph 1;(b) paragraph 2(4)(c);(c) paragraph 5 (except for paragraph 5(2)(b) and (5));(d) paragraph 7;(e) Part 2.
Regulations under the following provisions of Schedule 17 are subject to thenegative procedure—(a) paragraph 3;(b) paragraph 4;(c) paragraph 5(2)(b) and (5).
PART 75

10

15

CONSERVATION COVENANTS
Creation of conservation covenant
120
(1)

(2)

(3)

Conservation covenant agreements
For the purposes of this Part, a “conservation covenant agreement” is anagreement between a landowner and a responsible body where—(a) the agreement contains provision which—(i) is of a qualifying kind,(ii) has a conservation purpose, and(iii) is intended by the parties to be for the public good,(b) it appears from the agreement that the parties intend to create aconservation covenant,(c) the agreement is signed as a deed by the parties,(d) the agreement makes provision for the payment of consideration to thelandowner, or states that no consideration is to be provided, and(e) the agreement includes provision regarding the duration or end date of
the agreement.
The reference in subsection (1)(a) to provision of a qualifying kind is toprovision—(a) requiring the landowner—(i) to do, or not to do, something on land in England specified in
the provision in relation to which the landowner holds a
qualifying estate specified in the agreement for the purposes ofthe provision, or(ii) to allow the responsible body to do something on such land, or(b) requiring the responsible body to do something on such land.
For the purposes of subsection (1)(a)(ii), provision has a conservation purpose
if its purpose is—

20

25

30

35

40

120

Environment Bill
Part 7 — Conservation covenants

(a)
(b)
(c)

(4)

121

to conserve the natural environment of land or the natural resources ofland,
to conserve land as a place of archaeological, architectural, artistic,
cultural or historic interest, or
to conserve the setting of land with a natural environment or natural
resources or which is a place of archaeological, architectural, artistic,
cultural or historic interest.

In this Part—a reference to conserving something includes a reference to protecting,restoring or enhancing it;“qualifying estate” means—(a) an estate in fee simple absolute in possession, or(b) a term of years absolute granted for a term of more than sevenyears from the date of the grant and in the case of which somepart of the period for which the term of years was granted
remains unexpired;a reference to “the qualifying estate”, in relation to an obligation under aconservation covenant, is to the estate in land by virtue of which thecondition in subsection (1)(a)(i) was met in relation to—(a) if the obligation is not an ancillary obligation, the provision
giving rise to the obligation, or(b) if the obligation is an ancillary obligation, the provision giving
rise to the obligation to which it was ancillary;(and for this purpose “ancillary obligation” means an obligation underprovision falling within section 121(2)(b));“natural environment”, in relation to land, includes—(a) its plants, animals and other living organisms,(b) their habitats;(c) its geological features.
Conservation covenants(1)

A conservation covenant is so much of a conservation covenant agreement as
is given statutory effect by this section.

(2)

The following provisions of a conservation covenant agreement have statutory
effect as a conservation covenant—(a) provisions in respect of which the conditions in section 120(1)(a) are
met, and(b) provisions ancillary to any provision falling within paragraph (a).

(3)

(4)

If the agreement includes provision for public access to land to which otherprovision of the agreement (being provision which meets the conditions in
section 120(1)(a)) relates, the provision for public access is to be treated asancillary to that other provision.
In this Part—(a) references to an obligation under a conservation covenant are to an
obligation of the landowner or the responsible body given statutory
effect by this section as part of the conservation covenant, and(b) references to the land to which an obligation under a conservation
covenant relates are, in the case of an obligation given statutory effect

5

10

15

20

25

30

35

40

45

Environment Bill
Part 7 — Conservation covenants

121

by this section by virtue of being ancillary to another provision, to theland to which the obligation under the other provision relates.
122(1)

Responsible bodies
The following are responsible bodies for the purposes of this Part—(a) the Secretary of State;(b) bodies which are designated under this section (referred to in this Partas “designated bodies”).

5(2)

The Secretary of State may, on the application of a local authority or other
body, designate it as a responsible body for the purposes of this Part.

(3)

The Secretary of State may only designate a local authority if satisfied that it issuitable to be a responsible body.

(4)

The Secretary of State may only designate a body that is not a local authority ifsatisfied that it—(a) meets the condition in subsection (5), and(b) is suitable to be a responsible body.

15

The condition is that—(a) in the case of a public body or a charity, at least some of its main
purposes or functions relate to conservation, or(b) in any other case, at least some of the body’s main activities relate toconservation.

20

(5)

(6)

The Secretary of State may revoke a designation by notice to the bodyconcerned if—(a) the body has applied to the Secretary of State for its designation to be
revoked,(b) the Secretary of State is satisfied that the body is not suitable to remain
as a responsible body, or(c) in the case of a body other than a local authority, the Secretary of Stateis satisfied that the body does not meet the condition in subsection (5).

(7)

The Secretary of State may determine the criteria to be applied in deciding
whether a body is suitable to be or to remain a responsible body (which may
include criteria relating to the body’s connection with the United Kingdom).

(8)

The Secretary of State must publish (and keep up to date)—(a) a document setting out the criteria applicable for the purposes
mentioned in subsection (7), and(b) a list of the bodies who are designated under this section.

(9)

In this section—“charity” means a charity registered under the Charities Act 2011 or an
exempt charity (within the meaning of that Act);“conservation” means conservation of—(a) the natural environment or natural resources of land,(b) places of archaeological, architectural, artistic, cultural or
historic interest, or(c) the setting of land with a natural environment or natural
resources or which is a place of archaeological, architectural,artistic, cultural or historic interest;

10

25

30

35

40

45

122

Environment Bill
Part 7 — Conservation covenants“local authority” means—(a) a county or district council in England;(b) a London borough council;(c) the Common Council of the City of London;(d) the Council of the Isles of Scilly.

5

Effect of conservation covenant
123

Local land charge(1)

A conservation covenant is a local land charge.

(2)

For the purposes of the Local Land Charges Act 1975 the originating authority,
as respects a conservation covenant, is the person by whom an obligation of thelandowner under the covenant is enforceable.

(3)

In section 2 of the Local Land Charges Act 1975 (matters which are not local
land charges), the references in paragraphs (a) and (b) to a covenant oragreement made between a lessor and a lessee do not include a conservation
covenant.

(4)

124

In its application to a conservation covenant, section 10(1) of the Local Land
Charges Act 1975 (compensation for non-registration or defective official
search certificate) has effect as if—(a) in the words preceding paragraph (a), the words from the beginning to“but” were omitted,(b) paragraph (a) (non-registration) were omitted, and(c) in paragraph (b), for the words from “in existence” to the end there
were substituted the words “registered in that register at the time of thesearch but was not shown by the official search certificate as so
registered”.

15

20

25

Duration of obligation under conservation covenant(1)

An obligation under a conservation covenant has effect for the default period,
unless the covenant provides for a shorter period.

(2)

The default period for the purposes of subsection (1) is—(a) if the qualifying estate in relation to the obligation is an estate in fee
simple absolute in possession, a period of indefinite duration, and(b) if the qualifying estate in relation to the obligation is a term of years
absolute, a period corresponding in length to the remainder of theperiod for which the term of years was granted.

125

10

Benefit and burden of obligation of landowner(1)

An obligation of the landowner under a conservation covenant is owed to the
responsible body under the covenant.

(2)

Subject to the following provisions, an obligation of the landowner under aconservation covenant binds—(a) the landowner under the covenant, and(b) any person who becomes a successor of the landowner under thecovenant.

30

35

40

Environment Bill
Part 7 — Conservation covenants

(3)

(4)

(5)

123

In subsection (2)(b) “successor” (in relation to the landowner under thecovenant) means a person who holds, in respect of any of the land to which the
obligation relates—(a) the qualifying estate, or(b) an estate in land derived (whether immediately or otherwise) from thequalifying estate after the creation of the covenant.
An obligation of the landowner under a conservation covenant ceases to bindthe landowner under the covenant, or a person who becomes a successor ofthat landowner, in respect of—(a) land which ceases to be land to which the obligation relates,(b) in the case of the landowner under the covenant, land in relation towhich the landowner ceases to be the holder of the qualifying estate, or(c) in the case of a successor, land in relation to which the successor ceases
to be the holder of the qualifying estate or of the estate derived from thequalifying estate, as the case may be.
Subsection (2)(b) does not apply if—(a) the obligation is positive and the person becomes a successor by virtueof holding a term of years absolute granted for a term of seven years orless from the date of the grant,(b) the conservation covenant was not registered in the local land charges
register at the time when the successor acquired the estate in land
concerned, or(c) the successor’s immediate predecessor was not bound by the obligationin respect of the land to which the successor’s interest relates.

5

10

15

20

(6)

In the case of a conservation covenant relating to land in an area in relation towhich section 3 of the Local Land Charges Act 1975 (as substituted byparagraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet haveeffect, the reference in subsection (5)(b) to the local land charges register is tothe appropriate local land charges register.

25

(7)

The reference in subsection (5)(b) to the time when the successor acquired theestate in land concerned is, if the successor acquired that interest under adisposition which took effect at law only when registered in the register of title
kept under the Land Registration Act 2002, to be read as a reference to the time
when the disposition was made.

30

(8)

In subsection (5)(c) the successor’s “immediate predecessor” is, unlesssubsection (9) applies, the successor’s immediate predecessor in title.

35

(9)

If the successor is the first holder of an estate in land which is derived fromanother estate in land (whether the other estate is the qualifying estate or an
estate derived, immediately or otherwise, from it) the successor’s immediate
predecessor is the holder of that other estate when the derived estate wascreated.

126
(1)

40

Benefit of obligation of responsible body
Subject to the following provisions, an obligation of the responsible bodyunder a conservation covenant is owed—(a) to the landowner under the covenant, and(b) to any person who becomes a successor of the landowner under thecovenant.

45

124
(2)

(3)

(4)

Environment Bill
Part 7 — Conservation covenants

In this section “successor” (in relation to the landowner under the covenant)means a person who holds, in respect of any of the land to which the obligation
relates—(a) the qualifying estate, or(b) an estate in land derived (whether immediately or otherwise) from thequalifying estate after the creation of the covenant.
An obligation of the responsible body under a conservation covenant ceases tobe owed to the landowner under the covenant, or to a person who becomes a
successor of that landowner, in respect of—(a) land which ceases to be land to which the obligation relates,(b) in the case of the landowner under the covenant, land in relation towhich the landowner ceases to be the holder of the qualifying estate, or(c) in the case of a successor, land in relation to which the successor ceases
to be the holder of the qualifying estate or of the estate derived from thequalifying estate, as the case may be.

5

10

15

Subsection (1)(b) does not apply if the obligation is ancillary to an obligation of
the landowner under the covenant which does not bind the successor.
Breach and enforcement

127

Breach of obligation(1)

A person bound by a negative obligation under a conservation covenantbreaches the obligation by—(a) doing something which it prohibits, or(b) permitting or suffering another person to do such a thing.

(2)

A person bound by a positive obligation under a conservation covenantbreaches the obligation if it is not performed.

128
(1)

(2)

25

Enforcement of obligation
In proceedings for the enforcement of an obligation under a conservation
covenant, the available remedies are—(a) specific performance,(b) injunction,(c) damages, and(d) order for payment of an amount due under the obligation.
On an application for a remedy under subsection (1)(a) or (b), a court must, in
considering what remedy is appropriate, take into account any public interestin the performance of the obligation concerned.

(3)

Subject to subsection (4), contract principles apply to damages for breach of an
obligation under a conservation covenant.

(4)

In the case of breach of an obligation of the landowner under a conservation
covenant, a court may award exemplary damages in such circumstances as it
thinks fit.

(5)

20

For the purposes of the Limitation Act 1980, an action founded on an obligation
under a conservation covenant is to be treated as founded on simple contract.

30

35

40

125

Environment Bill
Part 7 — Conservation covenants

129
(1)

Defences to breach of obligation
In proceedings for breach of an obligation under a conservation covenant it isa defence to show—(a) that the breach occurred as a result of a matter beyond the defendant’s
control,(b) that the breach occurred as a result of doing, or not doing, something inan emergency in circumstances where it was necessary for that to bedone, or not done, in order to prevent loss of life or injury to any person,or(c) that at the time of the breach—(i) the land to which the obligation relates was, or was within an
area, designated for a public purpose, and(ii) compliance with the obligation would have involved a breachof any statutory control applying as a result of the designation.

(2)

If the only reason for the application of subsection (1)(c) was failure to obtain
authorisation, the defendant must also show that all reasonable steps to obtain
authorisation had been taken.

(3)

The defence under subsection (1)(c) does not apply if the designation was inforce when the conservation covenant was created.

(4)

The defence of statutory authority (which applies in relation to theinfringement of rights such as easements by a person acting under statutory
authority) applies in relation to breach of an obligation under a conservation
covenant.

(5)

In this section—“authorisation” means any approval, confirmation, consent, licence,
permission or other authorisation (however described), whether
special or general;“statutory control” means control imposed by provision contained in, or
having effect under, an Act.
Discharge and modification

130
(1)

(2)

5

10

15

20

25

30

Discharge of obligation of landowner by agreement
The responsible body under a conservation covenant and a person who holds
the qualifying estate in respect of any of the land to which an obligation of thelandowner under the covenant relates may, by agreement, discharge from theobligation any of the land in respect of which the person holds that estate.
Subsection (3) applies to—(a) the responsible body under a conservation covenant, and(b) a person who is a successor of the landowner under the covenant byvirtue of holding an estate in land which—(i) is an estate in respect of any of the land to which an obligationof the landowner under the covenant relates, and(ii) is derived (whether immediately or otherwise) from thequalifying estate.

35

40

126

Environment Bill
Part 7 — Conservation covenants(3)

Those persons may, by agreement, discharge the estate in land mentioned insubsection (2)(b) from the obligation in respect of any of the land to which the
obligation relates.

(4)

Any power under this section is exercisable by agreement in writing signed by
the parties which specifies—(a) the obligation to which the discharge relates,(b) the land to which the discharge relates, and(c) the estate in land by virtue of which the power is exercisable.

131

5Discharge of obligation of responsible body by agreement(1)

A person to whom an obligation of the responsible body under a conservation
covenant is owed by virtue of the person holding an estate in land may, byagreement with the responsible body, discharge the obligation, so far as owed
in relation to that estate, in respect of any of the land in respect of which theperson is entitled to the benefit of the obligation.

10

(2)

The power under this section is exercisable by agreement in writing signed by
the parties which specifies—(a) the obligation to which the discharge relates,(b) the land to which the discharge relates, and(c) the estate in land by virtue of which the power is exercisable.

15

Modification of obligation by agreement

20

132
(1)

A person bound by, or entitled to the benefit of, an obligation under aconservation covenant may, by agreement with the responsible body under thecovenant, modify the obligation in its application to any of the land in respectof which the person is bound by, or entitled to the benefit of, it.

(2)

The power under subsection (1) does not include power to make a change
which, had it been included in the original agreement, would have prevented
the provision of the agreement that gave rise to the obligation being provision
in relation to which the conditions in section 120(1) were met.

(3)

The power under this section is exercisable by agreement in writing signed by
the parties which specifies—(a) the obligation to which the modification relates,(b) the land to which the modification relates, and(c) the estate in land by virtue of which the power is exercisable.

(4)

If an obligation under a conservation covenant is modified by an agreement
under this section, the modification binds—(a) the parties to the agreement, and(b) any person who, as respects any of the land to which the modification
relates, becomes a successor of a person bound by the modification.

(5)

In subsection (4)(b) “successor of a person bound by the modification”, meansa person who holds, in respect of any of the land to which the modification
relates—(a) the estate held by the person bound by the modification when themodification was agreed, or(b) an estate in land derived (whether immediately or otherwise) from that
estate after the modification is agreed.

25

30

35

40

45

127

Environment Bill
Part 7 — Conservation covenants

133

Discharge or modification of obligation by Upper Tribunal(1)

Schedule 18 makes provision about the discharge or modification of an
obligation under a conservation covenant on application to the Upper
Tribunal.

(2)

Where any proceedings by action or otherwise are taken to enforce anobligation under a conservation covenant, any person against whom theproceedings are taken may in such proceedings apply to the High Court or thecounty court for an order giving leave to apply to the Upper Tribunal under
Schedule 18 and staying the proceedings in the meantime.

5(3)

No application under section 84(1) of the Law of Property Act 1925 (whichenables the Upper Tribunal on application to discharge or modify a restriction
arising under covenant or otherwise) may be made in relation to an obligation
under a conservation covenant.

10

Replacement etc of responsible body
134

Power of responsible body to appoint replacement(1)

The responsible body under a conservation covenant may appoint another
responsible body to be the responsible body under the covenant, unless thecovenant otherwise provides.

(2)

The power under subsection (1) is exercisable by agreement in writing signedby the appointor and appointee.

(3)

In the case of a conservation covenant registered in the local land charges
register, an appointment under subsection (1) only has effect if the appointor
supplies to the Chief Land Registrar the information necessary to enable theRegistrar to amend the registration.

(4)

In the case of a conservation covenant relating to land in an area in relation towhich section 3 of the Local Land Charges Act 1975 (as substituted byparagraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet haveeffect—(a) the references in subsection (3) to the local land charges register and theChief Land Registrar are to the appropriate local land charges registerand the authority responsible for that register, but(b) subsection (3) does not apply to an appointment by that authority.

(5)

Appointment under subsection (1) has effect to transfer to the appointee—(a) the benefit of every obligation of the landowner under the conservation
covenant, and(b) the burden of every obligation of the responsible body under thecovenant.

(6)

Appointment under subsection (1) does not have effect to transfer any right or
liability in respect of an existing breach of obligation.

(7)

A body appointed under subsection (1) as the responsible body under aconservation covenant must notify its appointment to every person who isbound by an obligation of the landowner under the covenant.

15

20

25

30

35

40

128
135

Environment Bill
Part 7 — Conservation covenants

Body ceasing to be a responsible body(1)

Subsections (2) and (3) apply if a body which is the responsible body under aconservation covenant ceases to be a designated body.

(2)

The body ceases to be the responsible body under the conservation covenant.

(3)

The following transfer to the Secretary of State—(a) the benefit of every obligation of the landowner under the covenant,and(b) the burden of every obligation of the responsible body under thecovenant.

5(4)Subsection (3) does not have effect to transfer any right or liability in respect ofan existing breach of obligation.

10

(5)

If subsection (3) has effect in relation to a conservation covenant, the Secretaryof State becomes custodian of the covenant until—(a) an appointment under section 134(1) by the Secretary of State has effectin relation to the covenant, or(b) the Secretary of State makes an election under subsection (6) in relation
to the covenant.

(6)

(7)

(8)

If custodian of a conservation covenant, the Secretary of State may elect to be
the responsible body under the covenant by giving written notice of election to
every person who is bound by an obligation of the landowner under thecovenant.
The Secretary of State may, as custodian of a conservation covenant—(a) enforce any obligation of the landowner under the covenant, and(b) exercise in relation to the covenant any power conferred by this Part on
the responsible body under the covenant.

15

20

25

In relation to any period as custodian of a conservation covenant, the Secretaryof State has no liability with respect to performance of any obligation of the
responsible body under the covenant.
Miscellaneous136

Effect of acquisition or disposal of affected land by responsible body
If the responsible body under a conservation covenant acquires an estate inland to which an obligation under the covenant relates (whether an obligationof the landowner or of the responsible body under the covenant)—(a) the acquisition does not have effect to extinguish the obligation,(b) section 125(2)(b) applies to the body as it would apply to any otherperson acquiring the estate in land in the same circumstances, and(c) any obligation of the responsible body under the covenant continues tobind the body in accordance with this Part.

137
(1)

30

35

Effect of deemed surrender and re-grant of qualifying estate
Subsection (2) applies if a term of years absolute which is the qualifying estate
in relation to an obligation under a conservation covenant is deemed to be
surrendered and re-granted by operation of law.

40

Environment Bill
Part 7 — Conservation covenants

(2)

138
(1)

(2)

(3)
139
(1)

(2)

129

In the application of sections 125, 126 and 130 to the period after the deemedsurrender, references to the qualifying estate are to be read as including areference to the term of years deemed to be granted.
Declarations about obligations under conservation covenants
The court or Upper Tribunal may on the application of any person interested
declare—(a) whether anything purporting to be a conservation covenant is aconservation covenant;(b) whether any land is land to which an obligation under a conservation
covenant relates,(c) whether any person is bound by, or entitled to the benefit of, anobligation under a conservation covenant and, if so, in respect of what
land,(d) what, upon the true construction of any instrument by means of which
an obligation under a conservation covenant is created or modified, isthe nature of the obligation.
No application under section 84(2) of the Law of Property Act 1925 (whichenables the court on application to make declarations about restrictions under
instruments) may be made in relation to an obligation under a conservation
covenant.

10

15

20

In this section “the court” means the High Court or the county court.
Duty of responsible bodies to make annual return
A designated body must make an annual return to the Secretary of State stating
whether, during the period to which the return relates, there were any
conservation covenants under which an obligation was owed to it as the
responsible body.
If there were any such conservation covenants, the annual return must—(a) state the number of conservation covenants;(b) state, for each conservation covenant, the area of the land in relation towhich the body was owed any obligation as the responsible body.

(3)

The annual return must also give any information that is prescribed undersubsection (4).

(4)

The Secretary of State may by regulations make provision about annual returns
to be made by a designated body.

(5)

The provision which may be made under subsection (4) includes, in particular,
provision—(a) prescribing information to be included in an annual return (but see
subsection (10)), and(b) provision as to the period to which an annual return is to relate and thedate by which an annual return is to be made.

(6)

5

Subject to any provision made as mentioned in subsection (5)(b)—(a) the period to which an annual return is to relate, and(b) the date by which an annual return is to be made,are such period and date as the Secretary of State may direct.

25

30

35

40

130

Environment Bill
Part 7 — Conservation covenants(7)

On giving a direction under subsection (6) the Secretary of State must take allreasonable steps to draw the direction to the attention of each responsible bodyaffected by it.

(8)

A direction under subsection (6) may be varied or revoked by a further suchdirection.

5(9)Regulations under subsection (4) and directions under subsection (6) may
make—(a) provision of general application, or(b) provision applicable only to one or more particular responsible bodies
or to responsible bodies of a particular description.

10

(10)

(11)

Any information prescribed for inclusion in an annual return made by adesignated body must be information about or connected with—(a) the designated body;(b) its activities over the period to which the return relates;(c) any conservation covenant under which an obligation was owed to it as
the responsible body during that period;(d) the land in relation to which it was owed such an obligation.

15

Regulations under this section are subject to the negative procedure.
Supplementary

140

Crown application

20

Schedule 19 makes provision about the application of this Part to Crown land.
141

Index of defined terms in Part 7
The following Table sets out expressions defined or explained in this Part for
general purposes.

Expression

Provisionconservation covenantsection 121(1)conservation covenant agreement

section 120(1)conservation purpose

section 120(3)conserving (something)section 120(4)designated bodysection 122(1)(b)natural environment (in relation to land)

section 120(4)qualifying estate (generally)

section 120(4)the qualifying estate (in relation to an
obligation
underaconservation
covenant)

section 120(4)responsible bodysection 122

25

30

35

131

Environment Bill
Part 7 — Conservation covenants

142

Consequential amendments relating to Part 7
Schedule 20 makes consequential amendments relating to this Part.
PART 8MISCELLANEOUS AND GENERAL PROVISIONSRegulation of chemicals

143

5

Amendment of REACH legislation
Schedule 21 confers powers to amend the REACH Regulation and the REACH
Enforcement Regulations 2008.
Concurrent functions in Wales

144

Amendments of Schedule 7B to the Government of Wales Act 2006

10

(1)

Schedule 7B to the Government of Wales Act 2006 (general restrictions on
legislative competence of Senedd Cymru) is amended as follows.

(2)

In paragraph 9(8)(b) (exceptions to restrictions relating to reserved
authorities)—(a) omit the “or” at the end of paragraph (v);(b) after paragraph (vi) insert “; or—(vii) the Environment Act 2021.”

15

In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the
Crown)—(a) omit the “or” at the end of paragraph (v);(b) after paragraph (vi) insert “; or—(vii) the Environment Act 2021.”

20

(3)

General provisions
145

Consequential provision(1)

The Secretary of State may by regulations make provision that is consequential
on this Act or regulations under this Act.

(2)

The Welsh Ministers may by regulations make provision that is consequential
on—(a) a provision within section 150(4) (provisions to be commenced by
Welsh Ministers), or(b) regulations under this Act made by the Welsh Ministers.

(3)

The Scottish Ministers may by regulations make provision that isconsequential on—(a) a provision within section 150(5) (provisions to be commenced by
Scottish Ministers), or(b) regulations under this Act made by the Scottish Ministers.

25

30

35

132
(4)

Environment Bill
Part 8 — Miscellaneous and general provisions

The Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may by regulations make provision that is consequential on—(a) a provision within section 150(6) (provisions to be commenced by the
Department), or(b) regulations under this Act made by that Department.

(5)

The Department for the Economy in Northern Ireland may by regulations
make provision that is consequential on regulations under this Act made bythat Department.

(6)

Regulations under this section may amend or repeal provision made by orunder any legislation (whenever passed or made).

(7)

Regulations under this section are subject to the affirmative procedure if theyamend or repeal any provision of—(a) an Act of Parliament,(b) a Measure or Act of Senedd Cymru,(c) an Act of the Scottish Parliament,(d) Northern Ireland legislation, or(e) retained direct principal EU legislation.

(8)

Regulations under this section to which subsection (7) does not apply are
subject to the negative procedure.

(9)

Regulations under this section—(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of Senedd Cymru, would be within the legislativecompetence of the Senedd;(b) made by the Scottish Ministers, may contain only provision which, if
contained in an Act of the Scottish Parliament, would be within thelegislative competence of the Parliament;(c) made by a Northern Ireland department, may contain only provision
which, if contained in an Act of the Northern Ireland Assembly, would
be within the legislative competence of the Assembly and would not
require the Secretary of State’s consent.

(10)

146
(1)

Regulations under this section made by the Secretary of State may not containprovision that could be contained in regulations under this section—(a) made by the Welsh Ministers, unless the Welsh Ministers consent;(b) made by the Scottish Ministers, unless the Scottish Ministers consent;(c) made by a Northern Ireland department, unless the department
consents.

5

10

15

20

25

30

35

Regulations
A power to make regulations under any provision of this Act includes power
to make—(a) supplementary, incidental, transitional or saving provision;(b) different provision for different purposes or areas.

(2)

Subsection (1) does not apply to regulations under section 150 or 151.

(3)

Regulations under this Act made by—(a) the Secretary of State, or(b) the Welsh Ministers,

40

45

Environment Bill
Part 8 — Miscellaneous and general provisions

133

are to be made by statutory instrument.
(4)

A power of a Northern Ireland department to make regulations under this Act
is exercisable by statutory rule for the purposes of the Statutory Rules(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(5)

Where regulations under this Act made or to be made by the Secretary ofState—(a) are subject to the negative procedure, the statutory instrument
containing them is subject to annulment in pursuance of a resolution ofeither House of Parliament;(b) are subject to the affirmative procedure, they may not be made unlessa draft of the statutory instrument containing them has been laid
before, and approved by a resolution of, each House of Parliament.

(6)

(7)

Where regulations under this Act made or to be made by the Welsh
Ministers—(a) are subject to the negative procedure, the statutory instrument
containing them is subject to annulment in pursuance of a resolution of
Senedd Cymru;(b) are subject to the affirmative procedure, they may not be made unlessa draft of the statutory instrument containing them has been laid
before, and approved by a resolution of, Senedd Cymru.
Where regulations under this Act made or to be made by a Northern Ireland
Department—(a) are subject to the negative procedure, they are subject to negative
resolution within the meaning given by section 41(6) of theInterpretation Act (Northern Ireland) 1954;(b) are subject to the affirmative procedure, they may not be made unlessa draft of the regulations has been laid before and approved by aresolution of the Northern Ireland Assembly.

(8)

See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland)
Act 2010 (asp 10)) for the meaning of “the negative procedure” and “theaffirmative procedure” in relation to regulations under this Act made or to bemade by the Scottish Ministers.

(9)

Any provision that may be made by regulations under this Act subject to thenegative procedure may be made by regulations subject to the affirmative
procedure.

147

10

15

20

25

30

35

Crown application(1)

This Act binds the Crown, subject to subsection (2).

(2)

An amendment or repeal made by this Act binds the Crown to the same extent
as the provision amended or repealed.

148

5

Financial provisions

40

There is to be paid out of money provided by Parliament—(a) any expenditure incurred under or by virtue of this Act by the Secretaryof State, and(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

45

134
149
(1)

(2)

(3)

(4)

Environment Bill
Part 8 — Miscellaneous and general provisions

ExtentIn Part 1 of this Act (environmental governance)—(a) the following provisions extend to England and Wales—(i) Chapter 1 (improving the natural environment), except for
sections 18 to 21;(ii) section 29 (monitoring and reporting on environmental
improvement plans and targets);(b) sections 18 to 20 (policy statement on environmental principles) extend
to England and Wales and Scotland;(c) the remaining provisions extend to England and Wales, Scotland andNorthern Ireland.
Part 2 of this Act (environmental governance: Northern Ireland) extends toNorthern Ireland, except that—(a) in Part 1 of Schedule 3, paragraphs 16 and 17(7) extend to England andWales, Scotland and Northern Ireland;(b) an amendment or repeal made by Part 2 of Schedule 3 has the same
extent as the provision amended or repealed.
In Part 3 of this Act (waste and resource efficiency)—(a) the following provisions extend to England and Wales, Scotland andNorthern Ireland—(i) section 51 and Schedule 4 (producer responsibility obligations);(ii) section 52 and Schedule 5 (producer responsibility for disposal
costs);(iii) section 53 and Schedule 6 (resource efficiency information);(iv) section 54 and Schedule 7 (resource efficiency standards);(v) section 64 (procedure for regulations under the Environmental
Protection Act 1990);(b) the following provisions extend to England and Wales and Northern
Ireland—(i) section 55 and Schedule 8 (deposit schemes);(ii) sections 56 and Schedule 9 (charges for single use plastic items
etc);(c) the following provisions extend to England and Wales—(i) section 61 (hazardous waste);(ii) section 67 and Schedule 10 (enforcement powers);(iii) section 69 (littering enforcement);(d) section 72 (waste regulation: amendment of Northern Ireland Order)
extends to Northern Ireland;(e) an amendment or repeal has the same extent as the provision amended
or repealed, except where contained in a provision for which a different
extent is provided by this subsection.
In Part 4 of this Act (air quality and environmental recall)—(a) section 74 and Schedule 12 (smoke control areas) extend to Englandand Wales;(b) sections 76 to 79 (recall of motor vehicles) extend to England and Wales,
Scotland and Northern Ireland;

5

10

15

20

25

30

35

40

45

Environment Bill
Part 8 — Miscellaneous and general provisions

(c)

(5)

(6)

135

an amendment or repeal has the same extent as the provision amended
or repealed, except where contained in a provision for which a different
extent is provided by this subsection.

In Part 5 of this Act (water)—(a) section 85 (report on elimination of discharges from storm overflows)
extends to England and Wales;(b) sections 90 and 94 (water quality) extend to England and Wales,
Scotland and Northern Ireland;(c) section 91 (water quality - powers of Welsh Ministers) extends toEngland and Wales;(d) section 92 (water quality - powers of Northern Ireland Department)
extends to Northern Ireland;(e) section 93 (Solway Tweed river basin district) extends to England andWales and Scotland;(f) an amendment or repeal has the same extent as the provision amended
or repealed.
Part 6 of this Act (nature and biodiversity) extends to England and Wales,
except that—(a) the amendments made by Schedule 15 (biodiversity gain in nationallysignificant infrastructure projects) have the same extent as theprovisions amended, and(b) section 119 and Schedule 17 (use of forest risk commodities incommercial activity) extend to England and Wales, Scotland andNorthern Ireland.

(7)Part 7 of this Act (conservation covenants) extends to England and Wales.

(8)This Part (miscellaneous and general provisions) extends to England andWales, Scotland and Northern Ireland.

150
(1)

(2)

5

10

15

20

25

Commencement
The following provisions of this Act come into force on the day on which thisAct is passed—(a) section 64 (procedure for regulations under the Environmental
Protection Act 1990);(b) this Part of this Act (miscellaneous and general provisions), except
section 143 and Schedule 21 so far as relating to powers of a Northern
Ireland department to make regulations under paragraph 2 of that
Schedule.
The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which this Act is passed—(a) section 52 and Schedule 5 (producer responsibility for disposal costs) so
far as relating to England and Wales and Scotland;(b) section 53 and Schedule 6 (resource efficiency information) so far as
relating to England and Wales and Scotland;(c) section 54 and Schedule 7 (resource efficiency standards) so far as
relating to England and Wales and Scotland;(d) section 55 and Schedule 8 (deposit schemes) so far as relating toEngland and Wales;

30

35

40

45

136

Environment Bill
Part 8 — Miscellaneous and general provisions

(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(3)

(4)

section 56 and Schedule 9 (charges for single use plastic items) so far as
relating to England and Wales;
section 57 (carrier bag charge) so far as relating to England and Wales;
section 59 (electronic tracking of waste);section 67 and Schedule 10 (enforcement powers);
section 71 (regulation of polluting activities);
section 82 (storm overflows) and section 85 (report on elimination ofdischarges from storm overflows);
section 89 (water abstraction in England);section 90 (water quality), except so far as relating to legislation within
section 90(2)(d) to (f) and any regulations modifying that legislation
made under or by virtue of the European Union (Withdrawal) Act 2018;sections 91, 93 and 94 (water quality);
section 98 (disclosure of HMRC information).

The following provisions of this Act come into force on such day as the
Secretary of State may by regulations appoint —(a) Part 1 (environmental governance);(b) section 51 and Schedule 4 (producer responsibility), so far as relating toEngland;(c) section 58 (separate collection of waste);(d) section 61 (hazardous waste), so far as relating to England;(e) section 63 (transfrontier shipments of waste);(f) section 65 (charging powers), so far as relating to the Environment
Agency;(g) section 69 (littering enforcement), so far as relating to England;(h) in section 70 (fixed penalty notices), subsections (2) and (4) andsubsection (1) so far as relating to those subsections;(i) section 73 and Schedule 11 (local air quality management framework);(j) Parts 1 and 3 of Schedule 12 (smoke control areas) and section 74 so far
as relating to those Parts;(k) sections 76 to 79 (recall of motor vehicles);(l) sections 80 and 81 (water management plans etc), so far as relating toundertakers whose areas are wholly or mainly in England;(m) sections 83 and 84 (reporting and monitoring duties relating todischarges from storm overflows etc);(n) sections 86 and 88 (amendments to Water Industry Act 1991), so far as
relating to undertakers whose areas are wholly or mainly in Englandand licensees using the systems of such undertakers;(o) section 87 and Schedule 13 (appointment of water and sewerage
undertakers in England);(p) section 95 (valuation of other land in drainage districts: England);(q) section 97 (valuation of agricultural land in drainage districts), so far as
relating to internal drainage districts which are wholly or mainly inEngland;(r) Part 6 (nature and biodiversity);(s) Part 7 (conservation covenants).
The following provisions of this Act come into force on such day as the Welsh
Ministers may by regulations appoint—

5

10

15

20

25

30

35

40

45

Environment Bill
Part 8 — Miscellaneous and general provisions

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)

(5)

(6)

137

section 51 and Schedule 4 (producer responsibility), so far as relating toWales;
section 61 (hazardous waste), so far as relating to Wales;
section 65 (charging powers), so far as relating to the Natural Resources
Body for Wales;
section 69 (littering enforcement), so far as relating to Wales;in section 70 (fixed penalty notices), subsections (3) and (5) andsubsection (1) so far as relating to those subsections;
Part 2 of Schedule 12 (smoke control areas) and section 74 so far as
relating to that Part;
sections 80 and 81 (water management plans etc), so far as relating toundertakers whose areas are wholly or mainly in Wales;
sections 86 and 88 (amendments to Water Industry Act 1991), so far as
relating to undertakers whose areas are wholly or mainly in Wales andlicensees using the systems of such undertakers;
section 96 (valuation of other land in drainage districts: Wales);section 97 (valuation of agricultural land in drainage districts), so far as
relating to internal drainage districts which are wholly or mainly inWales.

The following provisions of this Act come into force on such day as the Scottish
Ministers may by regulations appoint—(a) section 51 and Schedule 4 (producer responsibility), so far as relating to
Scotland;(b) section 65 (charging powers), so far as relating to the Scottish
Environment Protection Agency.
The following provisions of this Act come into force on such day as the
Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may by order appoint—(a) Part 2 (environmental governance: Northern Ireland);(b) section 51 and Schedule 4 (producer responsibility), so far as relating toNorthern Ireland;(c) section 52 and Schedule 5 (producer responsibility for disposal costs) so
far as relating to Northern Ireland;(d) section 53 and Schedule 6 (resource efficiency information) so far as
relating to Northern Ireland;(e) section 54 and Schedule 7 (resource efficiency standards) so far as
relating to Northern Ireland;(f) section 55 and Schedule 8 (deposit schemes) so far as relating toNorthern Ireland;(g) section 56 and Schedule 9 (charges for single use plastic items), so far as
relating to Northern Ireland;(h) section 57 (carrier bag charge) so far as relating to Northern Ireland;(i) section 60 (electronic waste tracking: Northern Ireland);(j) section 62 (hazardous waste: Northern Ireland);(k) section 66 (waste charging: Northern Ireland);(l) section 68 (enforcement powers: Northern Ireland);(m) section 72 (amendment to Northern Ireland Order);(n) section 90 (water quality: powers of Secretary of State), so far as relating
to legislation within section 90(2)(d) to (f) and any regulations

5

10

15

20

25

30

35

40

45

138

Environment Bill
Part 8 — Miscellaneous and general provisions

(o)
(p)

(7)

modifying that legislation made under or by virtue of the European
Union (Withdrawal) Act 2018;section 92 (water quality: powers of Northern Ireland Department);
section 143 and Schedule 21 so far as relating to powers of a Northern
Ireland department to make regulations under paragraph 2 of that
Schedule.

An order under subsection (6) may not appoint a day for the coming into forceof the following provisions of Schedule 3 (OEP’s Northern Ireland functions),
unless the Secretary of State consents—(a) paragraphs 16 and 17(7);(b) Part 2.

(8)

The power to make an order under subsection (6) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).

(9)

An order under subsection (6) may not be made unless a draft of the order has
been laid before and approved by a resolution of the Northern Ireland
Assembly.

(10)

A power to make regulations or an order under this section includes power toappoint different days for different purposes or areas.

151

Transitional or saving provision(1)

The Secretary of State may by regulations make transitional or saving
provision in connection with the coming into force of any provision of this Act.

(2)

The Welsh Minsters may by regulations make transitional or saving provisionin connection with the coming into force of any provision within section 150(4)(provisions to be commenced by Welsh Ministers).

(3)

The Scottish Ministers may by regulations make transitional or saving
provision in connection with the coming into force of any provision within
section 150(5) (provisions to be commenced by Scottish Ministers).

(4)

The Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may by regulations make transitional or saving provision in connection
with the coming into force of any provision within section 150(6) (provisions to
be commenced by Department).

(5)

Regulations under this section—(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of Senedd Cymru, would be within the legislativecompetence of the Senedd;(b) made by the Scottish Ministers, may contain only provision which, if
contained in an Act of the Scottish Parliament, would be within thelegislative competence of that Parliament;(c) made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, may contain only provision which, if
contained in an Act of the Northern Ireland Assembly, would be within
the legislative competence of the Assembly and would not require theSecretary of State’s consent.

(6)

Regulations under this section made by the Secretary of State may not containprovision that could be contained in regulations under this section—

5

10

15

20

25

30

35

40

45

Environment Bill
Part 8 — Miscellaneous and general provisions

(a)
(b)
(c)

139

made by the Welsh Ministers, unless the Welsh Ministers consent;
made by the Scottish Ministers, unless the Scottish Ministers consent;
made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, unless the Department consents.

(7)

Any provision which could be made by regulations under this section made by
the Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may be made by an order made by the Department under section 150.

(8)

A power to make regulations or an order under this section includes power tomake different provision for different purposes or areas.

152

Short title
This Act may be cited as the Environment Act 2021.

5

10

140

Environment Bill
Schedule 1 — The Office for Environmental Protection

SCHEDULESSCHEDULE 1

Section 23

THE OFFICE FOR ENVIRONMENTAL PROTECTION
Membership
1(1) The OEP is to consist of—(a) a Chair (who is to be a non-executive member),(b) at least two, but not more than five, other non-executive members,(c) a chief executive (who is to be the accounting officer), and(d) at least one, but not more than three, other executive members.

5(2) The members are to be appointed by the Secretary of State and the OEP in
accordance with paragraphs 2 and 3.

10(3) In making those appointments, the Secretary of State and the OEP mustensure, so far as practicable, that the number of non-executive members is at
all times greater than the number of executive members.
Appointment of non-executive members
215(1) Non-executive members are to be appointed by the Secretary of State.
(2) The Secretary of State must consult the Chair before appointing any othernon-executive member.
(3) The Secretary of State must, in appointing non-executive members, haveregard to the desirability of the members (between them) having experienceof—(a) law (including international law) relating to the naturalenvironment,(b) environmental science,(c) environmental policy, and(d) investigatory and enforcement proceedings.

20

25(4) A person may not be appointed as a non-executive member if the person isan employee of the OEP.
Appointment of executive members
3(1) The chief executive is to be appointed by the non-executive members of the
OEP, other than the first chief executive who is to be appointed by the Chair.
(2) The other executive members are to be appointed by the OEP.

30

Environment Bill
Schedule 1 — The Office for Environmental Protection

141(3) The Secretary of State must be consulted before a person is appointed as
chief executive.
(4) An executive member must be an employee of the OEP.
Interim chief executive
4(1) The Secretary of State may appoint a person as an executive member to act
as chief executive of the OEP (“an interim chief executive”) until theappointment of the first chief executive by the Chair under paragraph 3(1).
(2) Where the OEP has fewer members than are needed to hold a meeting thatis quorate (see paragraph 11(2)), an interim chief executive may incur
expenditure and do other things in the name and on behalf of the OEP.

510(3) In exercising the power in sub-paragraph (2), an interim chief executive
must act in accordance with any directions given by the Secretary of State.
(4) Neither paragraph 3(4) (requirement that executive members are
employees) nor paragraph 5(2) (requirement that members are not civil
servants) apply to an interim chief executive.

15

Terms of membership5(1) A member of the OEP holds and vacates office in accordance with the termsof the member’s appointment, subject to the provisions of this Schedule.
(2) A person may not hold office as a member of the OEP if the person is
employed in the civil service of the State.

20(3) A non-executive member must be appointed for a fixed term of no more than
5 years.
(4) The Secretary of State must, in determining the length of a non-executive
member’s term, have regard to the desirability of securing that theappointments of non-executive members expire at different times.

25(5) The previous appointment of a person as a non-executive member does notaffect the person’s eligibility for re-appointment.
(6) A non-executive member—(a) ceases to be a member of the OEP upon becoming its employee,(b) may resign from office by giving notice to the Secretary of State, and(c) may be removed from office by notice given by the Secretary of Stateon the grounds that the member—(i) has without reasonable excuse failed to discharge themember’s functions, or(ii) is, in the opinion of the Secretary of State, unable or unfit tocarry out the member’s functions.

30

35

Remuneration of non-executive members
6(1) The OEP must pay its non-executive members such remuneration andallowances as the Secretary of State may determine.
(2) If a person ceases to be a non-executive member, other than by reason of
their term of office expiring, and the Secretary of State determines that theperson should be compensated because of special circumstances, the OEP

40

142

Environment Bill
Schedule 1 — The Office for Environmental Protection

must pay compensation of such amount as the Secretary of State may
determine.
(3) The Secretary of State must consult the Chair before making a determination
under this paragraph.
Staffing and remuneration
75(1) The OEP may—(a) appoint employees on such terms as it determines, and(b) make such other arrangements for the staffing of the OEP as it
determines.
(2) The terms of the first chief executive’s appointment are to be determined by
the Chair.

10(3) The OEP must pay its employees such remuneration as the OEP may
determine.
(4) The OEP must pay, or make provision for paying, to or in respect of a person
who is or has been an employee of the OEP, such sums as the OEP may
determine with the approval of the Secretary of State in respect of pensions,allowances and gratuities.
(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of
employment to which a scheme under section 1 of the 1972 Act can apply),in the list of “other Bodies”, at the appropriate place insert—“The Office for Environmental Protection.”(6) The OEP must pay to the Minister for the Civil Service, at such times as the
Minister may direct, such sums as the Minister may determine in respect of
any increase attributable to sub-paragraph (5) in the sums payable out ofmoney provided by Parliament under the Superannuation Act 1972.

15

20

25

Powers8(1) The OEP may do anything (other than something mentioned in subparagraph (2)) it thinks appropriate for the purposes of, or in connection
with, its functions.
(2) The OEP may not—(a) accept gifts of money, land or other property, or(b) form, participate in forming, or invest in, a company, partnership,
joint venture or other similar form of organisation.

30

Committees
9(1) The OEP may establish committees.

35(2) A committee may include persons who are not members of the OEP(whether or not they are employees of the OEP).
(3) A member of a committee who is neither a member nor an employee of the
OEP is not entitled to vote at meetings of that committee.
(4) The OEP may pay such allowances as it may determine to any person who—(a) is a member of a committee, but

40Environment Bill
Schedule 1 — The Office for Environmental Protection

(b)

143

is neither a member, nor an employee, of the OEP.

Delegation to members, committees and employees
10(1) The OEP may delegate any of its functions (other than a function mentioned
in sub-paragraph (4)) to—(a) a member of the OEP,(b) any of the OEP’s employees authorised for that purpose, or(c) a committee of the OEP.

5(2) The OEP must prepare a document that sets out its policy on how its
functions may be appropriately delegated (a “delegation policy”).
(3) A function is delegated under this paragraph to the extent, and on the terms,
that the OEP determines in accordance with its delegation policy.
(4) The OEP may not delegate the following functions—(a) approving the strategy under section 24(3) (or a revision of it);(b) approving a report under section 29 or 30;(c) approving written advice to a Minister of the Crown under section
31(1) or (3);(d) deciding whether to give an information notice;(e) deciding whether to give a decision notice;(f) deciding whether to apply for an environmental review (see section
39);(g) deciding whether to apply for judicial review or a statutory review,or to intervene in proceedings that relate to a judicial review or a
statutory review (see section 40);(h) approving a delegation policy under sub-paragraph (2);(i) approving a report on the exercise of the OEP’s functions underparagraph 13(1) or a statement of accounts under paragraph 14(2).

10

15

20

25

Procedure
11(1) The OEP may determine its own procedure, subject to sub-paragraph (2),and the procedure of its committees.
(2) A meeting of the OEP is not quorate unless—(a) there are at least three members present, and(b) a majority of the members present are non-executive members.

30(3) The validity of any proceedings of the OEP is not affected by any vacancy
among its members or by any defect in the appointment of such a member.
Funding
1235(1) The Secretary of State must pay to the OEP such sums as the Secretary ofState considers are reasonably sufficient to enable the OEP to carry out its
functions.
(2) The Secretary of State may provide further financial assistance to the OEP(including by way of grants, loans, guarantees or indemnities) subject tosuch conditions as the Secretary of State may determine.

40

144

Environment Bill
Schedule 1 — The Office for Environmental Protection

Annual report
13(1) As soon as reasonably practicable after the end of each financial year the
OEP must prepare a report on the exercise of its functions during that
financial year.
(2) The OEP must—(a) arrange for its report to be laid before Parliament, and(b) publish it.

5

Annual accounts
14(1) The OEP must keep proper accounts and proper records in relation to them.
(2) The OEP must prepare a statement of accounts in respect of each financial
year in the form specified by the Secretary of State.

10(3) A statement of accounts must include an assessment by the OEP of whether,in the financial year to which the statement relates, the Secretary of State
provided it with sufficient sums to carry out its functions.
(4) The OEP must send a copy of each statement of accounts to the Secretary ofState and the Comptroller and Auditor General as soon as reasonably
practicable after the end of the financial year to which it relates.
(5) The Comptroller and Auditor General must—(a) examine, certify and report on the statement of accounts, and(b) send a copy of the certified statement and the report to the Secretaryof State and the OEP.
(6) The OEP must arrange for the laying before Parliament of a copy of—(a) its certified statement of accounts, and(b) the Comptroller and Auditor General’s report on its statement ofaccounts.

15

20

25

Meaning of “financial year”
15

In this Schedule “financial year” means—(a) the period beginning with the date on which the OEP is establishedand ending with 31 March following that date, and(b) each successive period of 12 months.

30

Status16(1) The OEP is not to be regarded—(a) as a servant or agent of the Crown, or(b) as enjoying any status, immunity or privilege of the Crown.
(2) The OEP’s property is not to be regarded as property of, or property held on
behalf of, the Crown.
(3) Service as a member, or as an employee, of the OEP is not service in the civil
service of the State.

35

145

Environment Bill
Schedule 1 — The Office for Environmental Protection

Independence of the OEP
17

In exercising functions in respect of the OEP, the Secretary of State musthave regard to the need to protect its independence.

Disqualification from membership of legislatures
18

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
at the appropriate place insert—“The Office for Environmental Protection.”

19

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975, at the appropriate place insert—“The Office for Environmental Protection.”

5

10

Public records
20

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records), at the appropriate place insert—“The Office for Environmental Protection.”

Freedom of Information
21

15

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other publicbodies), at the appropriate place insert—“The Office for Environmental Protection.”

Investigation by the Parliamentary Commissioner
22

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
subject to investigation), at the appropriate place insert—“The Office for Environmental Protection.”

20

Public sector equality duty
23

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
public sector equality duty), under the heading “Environment, housing anddevelopment”, at the appropriate place insert—“The Office for Environmental Protection.”

SCHEDULE 2

25

Section 49

IMPROVING THE NATURAL ENVIRONMENT: NORTHERN IRELAND
PART 1ENVIRONMENTAL IMPROVEMENT PLANS
Environmental improvement plans
1(1) The Department must prepare an environmental improvement plan.

30

146

Environment Bill
Schedule 2 — Improving the natural environment: Northern IrelandPart 1 — Environmental improvement plans(2) An “environmental improvement plan” is a plan for significantly improving
the natural environment.
(3) The plan may—(a) relate to a period specified in the plan, or(b) be of no specified duration.

5(4) An environmental improvement plan must set out—(a) the steps that the Department intends to take to improve the naturalenvironment, and(b) any steps that any other Northern Ireland department intends to taketo improve the natural environment.

10(5) It may also set out steps that any Northern Ireland department intends totake to improve people’s enjoyment of the natural environment (and if it
does so references in this Schedule to improving the natural environment, in
relation to that plan, include improving people’s enjoyment of it).
(6) In preparing an environmental improvement plan, the Department must
consult such other Northern Ireland departments as it considers
appropriate.
(7) The Department must lay before the Northern Ireland Assembly, andpublish, an environmental improvement plan before the end of the 12 month
period beginning with the day on which this paragraph comes into force.

1520(8) References in this Schedule to the current environmental improvement plan
are to the environmental improvement plan for the time being in effect.
Annual reports on environmental improvement plans
2(1) The Department must prepare annual reports on the implementation of thecurrent environmental improvement plan.
(2) An annual report must—(a) describe what has been done, in the period to which the report
relates, to implement the environmental improvement plan, and(b) consider, having regard to any data obtained under paragraph 5,
whether the natural environment has, or particular aspects of it have,
improved during that period.
(3) Annual reports on an environmental improvement plan must relate to—(a) the 12 month period beginning with the day on which the plan is
published, and(b) each subsequent 12 month period.

25

30

35

(4) An annual report must be laid before the Northern Ireland Assembly before
the end of the 4 month period beginning immediately after the last day of theperiod to which the report relates.
(5) The Department must publish annual reports laid before the Northern
Ireland Assembly under this paragraph.
Reviewing and revising environmental improvement plans
3(1) The Department must—40

Environment Bill
Schedule 2 — Improving the natural environment: Northern IrelandPart 1 — Environmental improvement plans

(a)
(b)

147

review the current environmental improvement plan in accordancewith this paragraph, andif the Department considers it appropriate as a result of the review,
revise the plan.

(2) The first review of an environmental improvement plan must be completed
before the end of the 5 year period beginning with—(a) if it is the first environmental improvement plan, the day on which itis published, and(b) otherwise, the day on which it replaces the previous plan (seeparagraph 4(6)).

5

10(3) Subsequent reviews of an environmental improvement plan must becompleted before the end of the 5 year period beginning with the day on
which the previous review was completed.
(4) In reviewing an environmental improvement plan, the Department must—(a) consider what has been done to implement the plan in the period
since it was published or (if it has been reviewed before) last
reviewed,(b) consider whether, having regard to data obtained under paragraph
5, the natural environment has, or particular aspects of it have,
improved during that period, and(c) consider whether any Northern Ireland department should takefurther or different steps to improve the natural environment(compared to those set out in the plan).
(5) In reviewing and revising an environmental improvement plan, theDepartment must consult such other Northern Ireland departments as it
considers appropriate.
(6) If as a result of a review the Department considers it appropriate to revise
the plan, the Department must lay before the Northern Ireland Assembly—(a) a revised environmental improvement plan, and(b) a statement explaining the revisions and the reasons for them.

15

20

25

30

(7) If as a result of a review the Department does not consider it appropriate torevise the plan, the Department must lay before the Northern Ireland
Assembly a statement explaining that and the reasons for it.
(8) The Department must publish the documents laid under sub-paragraph (6)or (7).

35(9) A review is completed when the Department has laid and published the
documents mentioned in sub-paragraph (6) or (7).
(10) References in this Schedule to an environmental improvement plan include
a revised environmental improvement plan.
Renewing environmental improvement plans
440(1) This paragraph applies where an environmental improvement plan relates
to a period specified in the plan.
(2) Before the end of the period to which the environmental improvement plan(the “old plan”) relates, the Department must prepare a new environmental
improvement plan (the “new plan”).

45

148

Environment Bill
Schedule 2 — Improving the natural environment: Northern IrelandPart 1 — Environmental improvement plans(3) If the new plan relates to a period specified in the plan, that period must
begin no later than immediately after the end of the period to which the oldplan relates.
(4) In preparing the new plan the Department must—(a) consider what has been done to implement the old plan,(b) consider whether, having regard to data obtained under paragraph
5, the natural environment has improved since the beginning of theperiod to which the old plan relates,(c) consider whether any Northern Ireland department should takefurther or different steps to improve the natural environment(compared to those set out in the old plan) after the end of that
period, and(d) consult such other Northern Ireland departments as it considers
appropriate.
(5) At or before the end of the period to which the old plan relates the
Department must lay before the Northern Ireland Assembly, and publish,
the new plan.
(6) The new plan replaces the old plan when—(a) it has been laid and published, and(b) if it relates to a period specified in the new plan, that period has
begun.

5

10

15

20

Environmental monitoring
5(1) The Department must make arrangements for obtaining such data about thenatural environment as the Department considers appropriate for the
purpose of monitoring whether the natural environment is, or particular
aspects of it are, improving in accordance with the current environmental
improvement plan.
(2) The Department must lay before the Northern Ireland Assembly, andpublish, a statement setting out the kinds of data to be obtained under subparagraph (1).

2530(3) The first statement must be laid before the end of the 4 month period
beginning with the day on which this paragraph comes into force.
(4) The Department may revise the statement at any time (and sub-paragraph(2) applies to any revised statement).
(5) The Department must publish any data obtained under sub-paragraph (1).

35PART 2POLICY STATEMENT ON ENVIRONMENTAL PRINCIPLESPolicy statement on environmental principles
6(1) The Department must prepare a policy statement on environmental
principles in accordance with this paragraph and paragraph 7.
(2) A “policy statement on environmental principles” is a statement explaining
how the environmental principles should be interpreted andproportionately applied—40

Environment Bill
Schedule 2 — Improving the natural environment: Northern IrelandPart 2 — Policy statement on environmental principles

(a)
(b)

149

by Northern Ireland departments when making policy, andby Ministers of the Crown when making policy so far as relating toNorthern Ireland.

(3) It may also explain how Northern Ireland departments and Ministers of the
Crown, when interpreting and applying the environmental principles,should take into account other considerations relevant to their policy.
(4) The Department must be satisfied that the statement will, when it comes into
effect, contribute to—(a) the improvement of environmental protection, and(b) sustainable development.
(5) In this Schedule “environmental principles” means the following
principles—(a) the principle that environmental protection should be integrated into
the making of policies,(b) the principle of preventative action to avert environmental damage,(c) the precautionary principle, so far as relating to the environment,(d) the principle that environmental damage should as a priority berectified at source, and(e) the polluter pays principle.
Policy statement on environmental principles: process
7

5

10

15

20

(1) The Department must prepare a draft of the policy statement onenvironmental principles.
(2) The Department must consult—(a) the other Northern Ireland departments,(b) the Secretary of State, and(c) such other persons as the Department considers appropriate,
in relation to the draft statement.

25(3) The Department must lay the draft statement before the Northern Ireland
Assembly.
(4) If before the end of the 21 day period the Northern Ireland Assembly passes
a resolution in respect of the draft statement, the Department must produce
a response and lay it before the Assembly.
(5) The Department must prepare and lay before the Northern Ireland
Assembly the final statement, but not before—(a) if sub-paragraph (4) applies, the day on which the Department lays
the response required by that sub-paragraph, or(b) otherwise, the end of the 21 day period.

3035(6) The final statement has effect when it is laid before the Northern Ireland
Assembly.
(7) The Department must publish the statement when it comes into effect.
(8) The “21 day period” is the period of 21 sitting days beginning with the firstsitting day after the day on which the draft statement is laid under subparagraph (3).

40

150

Environment Bill
Schedule 2 — Improving the natural environment: Northern IrelandPart 2 — Policy statement on environmental principles(9) “Sitting day” means a day on which the Northern Ireland Assembly sits.
(10) The requirements in sub-paragraphs (1) and (2) may be met by the
preparation of a draft statement, and consultation, before this paragraphcomes into force.
(11) The Department may prepare a revised policy statement on environmental
principles at any time (and sub-paragraphs (1) to (9) apply in relation to any
revised statement).

5

Policy statement on environmental principles: effect8(1) A Northern Ireland department must, when making policy, have due regard
to the policy statement on environmental principles currently in effect.

10(2) A Minister of the Crown must, when making policy so far as relating toNorthern Ireland, have due regard to the policy statement on environmental
principles currently in effect.
(3) Nothing in this paragraph requires a Northern Ireland department or a
Minister of the Crown to do anything (or refrain from doing anything) if
doing it (or refraining from doing it)—(a) would have no significant environmental benefit, or(b) would be in any other way disproportionate to the environmental
benefit.
(4) Sub-paragraph (1) does not apply to policies so far as relating to taxation,
spending or the allocation of resources within government.

1520(5) Sub-paragraph (2) does not apply to policies so far as relating to—(a) the armed forces, defence or national security, or(b) taxation, spending or the allocation of resources within government.
PART 325

INTERPRETATION
Meaning of “natural environment”
9

In this Schedule the “natural environment” means—(a) plants, wild animals and other living organisms,(b) their habitats,(c) land (except buildings or other structures), air and water,
and the natural systems, cycles and processes through which they interact.

30

Meaning of “environmental protection”
10

In this Schedule “environmental protection” means any of the following—(a) protection of the natural environment from the effects of humanactivity;(b) protection of people from the effects of human activity on the naturalenvironment;(c) maintenance, restoration or enhancement of the naturalenvironment;

35

40

Environment Bill
Schedule 2 — Improving the natural environment: Northern IrelandPart 3 — Interpretation

(d)

151

monitoring, assessing, considering, advising or reporting on
anything in paragraphs (a) to (c).

General interpretation
11(1) In this Schedule—“current environmental improvement plan” has the meaning given byparagraph 1(8);the “Department” means the Department of Agriculture, Environment
and Rural Affairs in Northern Ireland;“environmental improvement plan” has the meaning given byparagraph 1 (and see also paragraph 3(10));“environmental principles” has the meaning given by paragraph 6(5);“improving the natural environment”, in relation to an environmental
improvement plan, is to be read in accordance with paragraph 1(5);“making” policy includes developing, adopting or revising policy;“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975;“policy” includes proposals for legislation, but does not include an
administrative decision taken in relation to a particular person orcase (for example, a decision on an application for planningpermission, funding or a licence, or a decision about regulatory
enforcement);“policy statement on environmental principles” has the meaning givenby paragraph 6.
(2) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
applies in relation to the laying of a document before the Northern Ireland
Assembly under this Schedule, as it applies in relation to the laying of astatutory document under an Act of the Northern Ireland Assembly.

SCHEDULE 3

5

10

15

20

25

Section 50

THE OFFICE FOR ENVIRONMENTAL PROTECTION: NORTHERN IRELAND
PART 130

THE OEP’S NORTHERN IRELAND FUNCTIONSMonitoring and reporting on the Department’s environmental improvement plans
1(1) The OEP must monitor progress in improving the natural environment inaccordance with the current environmental improvement plan.
(2) The OEP must prepare a progress report for each annual reporting period.

35(3) A progress report for an annual reporting period is a report on progress
made in that period in improving the natural environment in accordancewith the current environmental improvement plan.
(4) An annual reporting period is a period for which the Department must
prepare a report under paragraph 2 of Schedule 2 (a “Schedule 2 report”).

40

152

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions(5) In reporting on progress made in an annual reporting period, the OEP must
consider—(a) the Schedule 2 report for that period,(b) the data published by the Department under paragraph 5 of
Schedule 2 that relates to that period, and(c) any other reports, documents or information it considers
appropriate.
(6) A progress report for an annual reporting period may include—(a) consideration of how progress could be improved, and(b) consideration of the adequacy of the data published by the
Department under paragraph 5 of Schedule 2.
(7) The OEP must—(a) arrange for its reports under this paragraph to be laid before theNorthern Ireland Assembly, and(b) publish them.

5

10

15

(8) A progress report for an annual reporting period must be laid no later than
6 months after the Schedule 2 report for that period is laid before theNorthern Ireland Assembly.
(9) The Department must—(a) respond to a report under this paragraph, and(b) lay before the Northern Ireland Assembly, and publish, a copy of the
response.
(10) Where a report under this paragraph contains a recommendation for how
progress could be improved, the response must address thatrecommendation.

2025(11) The response—(a) must be laid no later than 12 months after the report is laid, and(b) may be included in a Schedule 2 report.
Monitoring and reporting on environmental law
2(1) The OEP must monitor the implementation of Northern Irelandenvironmental law.

30(2) The OEP may report on any matter concerned with the implementation of
Northern Ireland environmental law.
(3) But the OEP must not monitor the implementation of, or report on, a matterwithin the remit of the Committee on Climate Change.

35(4) A matter is within the remit of the Committee on Climate Change if it is amatter on which the Committee is, or may be, required to advise or reportunder Part 1, sections 34 to 36, or section 48 of the Climate Change Act 2008.
(5) The OEP must—(a) arrange for its reports under this paragraph to be laid before theNorthern Ireland Assembly, and(b) publish them.
(6) The Department must—40

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

(a)
(b)

153

respond to a report under this paragraph, andlay before the Northern Ireland Assembly, and publish, a copy of the
response.

(7) The response to a report under this paragraph must be laid no later than 3months after the report is laid.

5

Advising on changes to Northern Ireland environmental law etc
3(1) The OEP must give advice to any Northern Ireland department about—(a) any proposed change to Northern Ireland environmental law, or(b) any other matter relating to the natural environment,on which that department requires it to give advice.

10(2) The Northern Ireland department may specify matters which the OEP is totake into account in giving the required advice.
(3) The OEP may give advice to any Northern Ireland department about any
changes to Northern Ireland environmental law proposed by thatdepartment.

15(4) Advice under this paragraph is to be given in writing to the Northern
Ireland department concerned.
(5) The OEP must publish—(a) its advice, and(b) if the advice is given under sub-paragraph (1), a statement of thematter on which it was required to give advice and any mattersspecified under sub-paragraph (2).
(6) The Northern Ireland department concerned may, if it thinks fit, lay before
the Northern Ireland Assembly—(a) the advice, and(b) any response that department may make to the advice.

20

25

Failure of relevant public authorities to comply with environmental law
4(1) Paragraphs 6 to 15 make provision about functions of the OEP in relation to
failures by relevant public authorities to comply with relevant
environmental law.
(2) For the purposes of those paragraphs, a reference to a relevant publicauthority failing to comply with relevant environmental law means thefollowing conduct by that authority—(a) unlawfully failing to take proper account of relevant environmental
law when exercising its functions;(b) unlawfully exercising, or failing to exercise, any function it has underrelevant environmental law.

30

35

Meaning of relevant environmental law, relevant public authority etc
5(1) The following definitions apply for the purpose of this Part of this Schedule.
(2) “Relevant environmental law” means—(a) in relation to a Northern Ireland public authority, UK environmental
law or Northern Ireland environmental law;

40

154

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions(b)in relation to any other relevant public authority, Northern Irelandenvironmental law.

(3) “Relevant public authority” means—(a) a Northern Ireland public authority, or(b) a person, other than a Northern Ireland public authority, carryingout any function of a public nature in or as regards Northern Irelandthat is not a parliamentary function or a function of any of thefollowing persons—(i) the OEP;(ii) a court or tribunal;(iii) either House of Parliament;(iv) the Northern Ireland Assembly.
(4) “Northern Ireland public authority” means—(a) a Northern Ireland department, or(b) a person carrying out a Northern Ireland devolved function(including an implementation body carrying out such a function)that is not a function in connection with proceedings in the Northern
Ireland Assembly or a function of any of the following persons—(i) the OEP;(ii) a court or tribunal;(iii) the Northern Ireland Assembly.
(5) “Northern Ireland devolved function” means a function of a public nature
exercisable in or as regards Northern Ireland that could be conferred byprovision included in an Act of the Northern Ireland Assembly madewithout the consent of the Secretary of State (see sections 6 to 8 of theNorthern Ireland Act 1998).

5

10

15

20

25

Complaints about relevant public authorities
6(1) A person may make a complaint to the OEP under this paragraph if theperson believes that a relevant public authority has failed to comply with
relevant environmental law.

30(2) The OEP must prepare and publish a document which sets out theprocedure by which complaints can be made.
(3) A complaint under this paragraph must be made in accordance with thatprocedure (as most recently published).
(4) A complaint under this paragraph may not be made by any person whosefunctions include functions of a public nature.
(5) A complaint about a relevant public authority may not be made under thisparagraph if—(a) the authority operates a procedure for considering complaints (“aninternal complaints procedure”) under which the complaint could beconsidered, and(b) that procedure has not been exhausted.
(6) A complaint under this paragraph may not be made after the later of—(a) the end of the 1 year period beginning with the day on which thealleged failure that is the subject of the complaint last occurred, and

35

40

45

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

(b)

155

if the substance of the complaint was subject to an internal
complaints procedure, the end of the 3 month period beginning withthe day on which that procedure was exhausted.

(7) The OEP may waive the time limit in sub-paragraph (6) if it considers that
there are exceptional reasons for doing so.

5

Investigations: relevant public authorities
7(1) The OEP may carry out an investigation under this paragraph if it receives
a complaint made under paragraph 6 that, in its view, indicates that—(a) a relevant public authority may have failed to comply with relevant
environmental law, and(b) if it has, the failure would be a serious failure.
(2) The OEP may carry out an investigation under this paragraph without
having received such a complaint if it has information that, in its view,
indicates that—(a) a relevant public authority may have failed to comply with relevant
environmental law, and(b) if it has, the failure would be a serious failure.
(3) An investigation under this paragraph is an investigation into whether the
relevant public authority has failed to comply with relevant environmental
law.

10

15

20

(4) The OEP must notify the relevant public authority of the commencement of
the investigation.
(5) The OEP must prepare a report on the investigation and provide it to therelevant public authority.
(6) The OEP is not required to prepare a report until it has concluded that it
intends to take no further steps under this Part of this Schedule in relation to
the alleged failure to comply with relevant environmental law that is the
subject of the investigation.
(7) The OEP is not required to prepare a report if it has made a review
application, or an application for judicial review by virtue of paragraph13(1), in relation to the alleged failure.
(8) The report must set out—(a) whether the OEP considers that the relevant public authority has
failed to comply with relevant environmental law,(b) the reasons the OEP came to that conclusion, and(c) any recommendations the OEP may have (whether generally or forthe relevant public authority) in light of those conclusions.

25

30

35

(9) The OEP may publish the report or parts of it.
(10) If the public authority is not a Northern Ireland department, the OEP must
also—(a) notify the relevant department of the commencement of theinvestigation, and(b) provide the relevant department with the report prepared under
sub-paragraph (5).

40

156

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions(11) In this Part “the relevant department”, in relation to a failure (or alleged
failure) of a relevant public authority to comply with relevant
environmental law, means the Northern Ireland department that the OEP
considers appropriate having regard to the nature of the authority and thenature of the failure.

5

Duty to keep complainants informed
8(1) Where a person makes a complaint to the OEP alleging that a relevant publicauthority has failed to comply with relevant environmental law, the OEP
must keep the complainant informed about its handling of the complaint.
(2) In particular, the OEP must—(a) notify the complainant if it does not intend to consider the complaint
because the complaint was not made in accordance with paragraph
6;(b) notify the complainant if it has concluded that it will not becommencing an investigation under paragraph 7 in relation to thecomplaint;(c) notify the complainant if it commences an investigation underparagraph 7 in relation to the complaint;(d) if such an investigation is commenced, notify the complainant—(i) where it provides a report under paragraph 7(5) to therelevant public authority that is the subject of theinvestigation, that it has provided it;(ii) where it makes a review application (see paragraph 12), or an
application for judicial review by virtue of paragraph 13(1),in relation to the alleged failure to comply with relevant
environmental law that is the subject of the investigation, thatit has made such an application;(e) provide the complainant with a copy of any document publishedunder paragraph 7(9) in relation to any investigation in relation to
the complaint.

10

15

20

25

30

Information notices
9(1) The OEP may give an information notice to a relevant public authority if—(a) the OEP has reasonable grounds for suspecting that the authority has
failed to comply with relevant environmental law, and(b) it considers that the failure, if it occurred, would be serious.
(2) An information notice is a notice which—(a) describes an alleged failure of a relevant public authority to comply
with relevant environmental law,(b) explains why the OEP considers that the alleged failure, if it
occurred, would be serious, and(c) requests that the authority provide such information relating to theallegation as may be specified in the notice.
(3) The recipient of an information notice must—(a) respond in writing to the notice, and(b) so far as is reasonably practicable, provide the OEP with theinformation requested in the notice.

35

40

45

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

157(4) The recipient of an information notice must comply with sub-paragraph (3)by—(a) the end of the 2 month period beginning with the day on which thenotice was given, or(b) such later date as may be specified in the notice.

5(5) The written response to an information notice must set out—(a) the recipient’s response to the allegation described in the notice, and(b) what steps (if any) the recipient intends to take in relation to theallegation.
(6) The OEP may—(a) withdraw an information notice;(b) give more than one information notice in respect of the same alleged
failure of a relevant public authority to comply with relevant
environmental law.

10(7) Where the OEP intends to give an information notice to a relevant publicauthority in respect of an alleged failure to comply with relevant
environmental law which relates to emissions of greenhouse gases (within
the meaning of the Climate Change Act 2008), the OEP—(a) must notify the Committee on Climate Change of its intention before
it gives the notice to the authority, and(b) must provide that Committee with such information relating to thealleged failure as the OEP considers appropriate.

15

20

Decision notices
10(1) The OEP may give a decision notice to a relevant public authority if—(a) the OEP is satisfied, on the balance of probabilities, that the authority
has failed to comply with relevant environmental law, and(b) it considers that the failure is serious.
(2) A decision notice is a notice that—(a) describes a failure of a relevant public authority to comply with
relevant environmental law,(b) explains why the OEP considers that the failure is serious, and(c) sets out the steps the OEP considers the authority should take inrelation to the failure (which may include steps designed to remedy,
mitigate or prevent reoccurrence of the failure).
(3) The recipient of a decision notice must respond in writing to that notice by—(a) the end of the 2 month period beginning with the day on which thenotice was given, or(b) such later date as may be specified in the notice.
(4) The written response to a decision notice must set out—(a) whether the recipient agrees that the failure described in the noticeoccurred,(b) whether the recipient intends to take the steps set out in the notice,and(c) what other steps (if any) the recipient intends to take in relation to thefailure described in the notice.

25

30

35

40

45

158

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions(5) The OEP—(a) may not give a decision notice to a relevant public authority unless it
has first given at least one information notice relating to the failure of
the authority to comply with relevant environmental law that is
described in the decision notice;(b) may withdraw a decision notice.

5

Linked notices
11(1) If the OEP gives an information notice or a decision notice to more than one
relevant public authority in respect of the same or similar conduct, it may
determine that those notices are linked.

10(2) A Northern Ireland department may request that the OEP determine that
information notices or decision notices are linked and the OEP must haveregard to that request.
(3) The OEP must provide the recipient of an information notice or a decision
notice (a “principal notice”) with a copy of every information notice ordecision notice which is linked to it (and such a notice is referred to in thissection as a “linked notice”).
(4) The OEP must provide the recipient of a principal notice with a copy of any
relevant correspondence, relating to a linked notice, between the OEP and
the recipient of that linked notice.

1520(5) The OEP must provide the recipient of a principal notice with a copy of any
relevant correspondence between the OEP and the relevant department that
relates to a linked notice.
(6) Sub-paragraph (5) does not apply where either the recipient of the principal
notice or the linked notice is a Northern Ireland department.

25(7) If the OEP considers that an information notice or a decision notice relates to
conduct that is the same or similar to conduct that is the subject of a UK
information notice or UK decision notice, it may determine that those notices
are linked.
(8) The OEP must provide the recipient of an information notice or a decision
notice with—(a) a copy of every UK information notice or UK decision notice which
is linked to it, and(b) a copy of any relevant correspondence, relating to such a notice,
between the OEP and the recipient of that notice.

3035(9) The obligation to provide a copy of any notice or correspondence under thisparagraph does not apply where the OEP considers that in thecircumstances it would not be in the public interest to do so.
(10) For the purposes of this paragraph, correspondence is relevant if—(a) it is not correspondence in connection with a review application or
any other legal proceedings, and(b) it is not correspondence sent by virtue of paragraph 14(1)(a) or (b).
(11) In this Part of this Schedule—“UK decision notice” means a notice given under section 37;“UK information notice” means a notice given under section 36.

40

45

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

159

Review application
12(1) The OEP may make a review application in relation to conduct described ina decision notice given to a relevant public authority as a failure of theauthority to comply with relevant environmental law, but only if—(a) it is satisfied, on the balance of probabilities, that the authority has
failed to comply with relevant environmental law, and(b) it considers that the failure is serious.
(2) A review application is an application for judicial review in respect ofconduct of a relevant public authority, and any reference in this Part of thisSchedule to a review application is to an application made by virtue of subparagraph (1).
(3) A review application may not be made before the earlier of—(a) the end of the period within which the authority must respond to thedecision notice that precedes the application (see paragraph 10(3)),and(b) the date on which the OEP receives the authority’s response to that
notice.
(4) Subject to that, the OEP may make a review application at any time (andaccordingly any time limit, that would otherwise apply to the making of areview application, does not apply).
(5) The High Court may grant a remedy on a review application only if satisfied
that granting the remedy would not—(a) be likely to cause substantial hardship to, or substantially prejudice
the rights of, any person other than the relevant public authority thatis the subject of the review application, or(b) be detrimental to good administration.
(6) If, on a review application, there is a finding that a relevant public authority
has failed to comply with relevant environmental law, and the finding has
not been overturned on appeal, the authority must publish a statement thatsets out the steps it intends to take in light of the finding.

5

10

15

20

25

30

(7) A statement under sub-paragraph (6) must be published before the end of
the 2 month period beginning with the day the proceedings relating to thereview application (including any appeal) conclude.
(8) In this Part of this Schedule reference to an application for judicial review
includes an application for the permission of the High Court to apply forjudicial review.

35

Judicial review: powers to apply to prevent serious damage and to intervene
13(1) The OEP may make an application for judicial review in relation to conductof a relevant public authority (whether or not it has given an information
notice or a decision notice to the authority in respect of that conduct) if—(a) the OEP considers that the conduct constitutes a serious failure tocomply with relevant environmental law, and(b) the urgency condition is met.
(2) The urgency condition is that making an application under sub-paragraph(1) (rather than proceeding under paragraphs 9 to 12) is necessary to

40

45

160

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

prevent, or mitigate, serious damage to the natural environment or tohuman health.
(3) If, on an application for judicial review made by virtue of sub-paragraph (1),there is a finding that a relevant public authority has failed to comply with
relevant environmental law, and the finding has not been overturned on
appeal, the authority must publish a statement that sets out the steps it
intends to take in light of the finding.

5(4) A statement under sub-paragraph (3) must be published before the end of
the 2 month period beginning with the day the proceedings relating to theapplication for judicial review (including any appeal) conclude.

10(5) Sub-paragraph (6) applies to proceedings (including any appeal) that—(a) are in respect of an application for judicial review, and(b) relate to an alleged failure by a relevant public authority to comply
with relevant environmental law (however the allegation is framedin those proceedings).

15(6) If the OEP considers that the alleged failure, if it occurred, would be serious,
it may apply to intervene in the proceedings (whether it considers that therelevant public authority has, or has not, failed to comply with relevant
environmental law).
Duty of the OEP to involve the relevant department
14(1) Where the recipient of an information notice or a decision notice is not a
Northern Ireland department, the OEP must—(a) provide the relevant department with—(i) a copy of the notice, and(ii) a copy of any correspondence between the OEP and therecipient of the notice that relates to the notice (apart fromcorrespondence sent by virtue of paragraph (b)), and(b) provide the recipient of the notice with a copy of any correspondence
between the OEP and the relevant department that relates to thenotice (apart from correspondence sent by virtue of paragraph (a)).

20

25

30

(2) The obligation to provide a copy of any notice or correspondence under subparagraph (1) does not apply where the OEP considers that in thecircumstances it would not be in the public interest to do so.
(3) Where the OEP makes a review application, or an application for judicial
review by virtue of paragraph 13(1), in which the relevant department is nota party, it must provide the relevant department with—(a) a copy of the application, and(b) a statement of whether the OEP considers the relevant department
should participate in the review (for example, by applying to be aparty).

35

40

Public statements
15(1) Where the OEP gives an information notice or a decision notice, makes areview application or an application for judicial review by virtue ofparagraph 13(1) or applies to intervene in a judicial review, it must publish
a statement that—(a) states that the OEP has taken that step,45

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

(b)
(c)

161

describes the failure (or alleged failure) of a relevant public authority
to comply with relevant environmental law in relation to which thatstep was taken, andsets out such further information as the OEP considers appropriate.

(2) Sub-paragraph (1) does not apply if the OEP considers that in thecircumstances it would not be in the public interest to publish a statement.

5Disclosures to the OEP
16(1) No obligation of secrecy imposed by statute or otherwise prevents a person
from—(a) in accordance with section 28(1), providing the OEP withinformation in connection with an investigation under paragraph 7,
an information notice or a decision notice, or(b) providing information to the OEP in accordance with paragraph9(3)(b).
(2) But nothing in this Part of this Schedule—(a) requires a person to provide the OEP with information that theperson would be entitled to refuse to provide in civil proceedings on
grounds of legal professional privilege (or, in Scotland,
confidentiality of communications), or(b) requires a person to provide the OEP with information that theperson would be entitled, or required by any rule of law, to refuse toprovide in civil proceedings on grounds of public interest immunity.
(3) No obligation of secrecy imposed by statute or otherwise prevents theNorthern Ireland Public Services Ombudsman from providing information
to the OEP—(a) for purposes connected with the exercise of the OEP’s functions
under paragraph 7;(b) for purposes connected with the co-ordination of the OEP’s
functions that relate to investigations under paragraph 7 and the
Ombudsman’s functions that relate to investigations by the
Ombudsman.
(4) Nothing in this Part of this Schedule requires or authorises a disclosure of
information that would contravene the data protection legislation (but in
determining whether a disclosure would do so, take into account the duties
imposed and powers conferred by this Part of this Schedule).

10

15

20

25

30

35

(5) In this paragraph “the data protection legislation” has the same meaning as
in the Data Protection Act 2018 (see section 3(9) of that Act).
Confidentiality of proceedings
17(1) The OEP must not disclose—(a) information obtained under paragraph 9(3)(b), or(b) correspondence between the OEP and a relevant public authority
that—(i) relates to a particular information notice or decision notice, or(ii) is, or contains, such a notice.
(2) Sub-paragraph (1) does not apply to a disclosure—

40

45

162

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

(a)
(b)
(c)

(d)

(e)
(f)
(g)
(h)

(i)

other than a disclosure of an information notice or a decision notice,made with the consent of the person who provided the informationor correspondence;
made for purposes connected with an investigation under paragraph
7 or section 34;
made for purposes connected with the co-ordination of the OEP’s
functions that relate to investigations under paragraph 7 and theNorthern Ireland Public Services Ombudsman’s functions that relate
to investigations by the Ombudsman;made for purposes connected with the co-ordination of the OEP’s
functions that relate to investigations under section 34 and functionsof a relevant ombudsman that relate to investigations by that
ombudsman;made for the purposes of any publication of a report (or part of it) on
an investigation under paragraph 7 or section 34;
made for purposes connected with the exercise of the OEP’s
functions under paragraphs 9 to 15 or sections 36 to 42(enforcement);
made to a devolved environmental governance body for purposesconnected with the exercise of a devolved environmental
governance function;
made for purposes connected with the protection of the naturalenvironment in a country or territory outside the United Kingdom,
to an authority of that country or territory, or an internationalorganisation, that has functions in connection with the protection of
the natural environment in that country or territory;of information, or correspondence, that relates only to a matter in
relation to which the OEP has concluded that it intends to take nofurther steps under this Part of this Schedule or under Chapter 2 ofPart 1 of this Act.

(3) A relevant public authority must not disclose correspondence between the
OEP and that, or any other, relevant public authority that—(a) relates to a particular information notice, decision notice, UK
information notice or UK decision notice, or(b) is, or contains, such a notice.
(4) Sub-paragraph (3) does not apply to a disclosure—(a) made—(i) in the case of a disclosure of correspondence between anotherrelevant public authority and the OEP other thancorrespondence that is, or contains, an information notice, adecision notice, a UK information notice or a UK decision
notice, with the consent of that authority and the OEP, or(ii) in any other case, with the specific or general consent of theOEP;(b) made for purposes connected with co-operating with any
investigation under paragraph 7 or section 34;(c) made for purposes connected with responding to any information
notice or decision notice;(d) made for purposes connected with any proceedings in relation to areview application, an environmental review, a judicial review or a
statutory review (within the meaning given by section 40(8)(b)).

5

10

15

20

25

30

35

40

45

50

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

163(5) The OEP may not give a person consent to disclose an information notice, adecision notice, a UK information notice or a UK decision notice unless that
notice relates only to a matter in relation to which the OEP has concluded
that it intends to take no further steps under this Part of this Schedule orunder Chapter 2 of Part 1 of this Act.

5(6) If a relevant public authority requests the consent of the OEP to disclose
correspondence that relates only to a matter in relation to which the OEP has
concluded that it intends to take no further steps under this Part of thisSchedule or under Chapter 2 of Part 1 of this Act, the OEP may not withholdthat consent.

10(7) If information referred to in sub-paragraph (1) and held by the OEP, orreferred to in sub-paragraph (3) and held by a relevant public authority, isenvironmental information for the purposes of the Environmental
Information Regulations 2004 (S.I. 2004/3391) or the Environmental
Information (Scotland) Regulations 2004 (S.S.I. 2004/520), it is held by that
person, for the purposes of the application of those regulations to that
information, in connection with confidential proceedings.

15

Meaning of UK environmental law and Northern Ireland environmental law
18(1) In this Part of this Schedule “UK environmental law” means anything that isenvironmental law for the purposes of Part 1 of this Act (see section 47), but
not anything that is environmental law only for the purposes of section 21.
(2) In this Part of this Schedule “Northern Ireland environmental law” means
any Northern Ireland legislative provision that—(a) is mainly concerned with environmental protection, and(b) is not concerned with an excluded matter.

2025(3) Excluded matters are—(a) disclosure of or access to information;(b) taxation, spending or the allocation of resources within government.
(4) “Northern Ireland legislative provision” means—(a) legislative provision contained in, or in an instrument made under,
Northern Ireland legislation, and(b) legislative provision not within paragraph (a) which, if contained inan Act of the Northern Ireland Assembly, would be within thelegislative competence of the Assembly and would not require theSecretary of State’s consent.

3035(5) The Department may by regulations provide that a Northern Irelandlegislative provision specified in the regulations is, or is not, within thedefinition of “Northern Ireland environmental law” in sub-paragraph (2)(and this Part of this Schedule applies accordingly).
(6) Before making regulations under sub-paragraph (5) the Department must
consult—(a) the OEP, and(b) any other persons the Department considers appropriate.
(7) Regulations under sub-paragraph (5) are subject to the affirmative
procedure.

40

45

164

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 1 — The OEP’s Northern Ireland functions

Interpretation of Part 1 of this Schedule: general
19(1) In this Part of this Schedule—“application for judicial review” is to be read in accordance withparagraph 12(8);“current environmental improvement plan” has the meaning it has in
Schedule 2 (see paragraph 1(8) of that Schedule);“decision notice” means a notice given under paragraph 10;“the Department” means the Department of Agriculture, Environment
and Rural Affairs in Northern Ireland;“devolved environmental governance body” has the meaning it has inPart 1 of this Act (see section 48);
“devolved environmental governance function” has the meaning it has
in Part 1 of this Act (see section 48);
“environmental improvement plan” has the meaning it has in Schedule
2 (see paragraphs 1 and 3(10) of that Schedule);“environmental protection” has the meaning it has in Schedule 2 (seeparagraph 10 of that Schedule);“environmental review” has the meaning it has in Part 1 of this Act (seesection 39);
“implementation body” has the meaning it has in section 55 of theNorthern Ireland Act 1998 (see subsection (3) of that section);“improving the natural environment”, in relation to an environmental
improvement plan, is to be read in accordance with paragraph 1(5)of Schedule 2;“information notice” means a notice given under paragraph 9;“natural environment” has the meaning it has in Schedule 2 (seeparagraph 9 of that Schedule);“Northern Ireland devolved function” has the meaning given byparagraph 5(5);“OEP” has the meaning given by section 23;“parliamentary function” means a function in connection withproceedings in Parliament or the Northern Ireland Assembly;“relevant department” has the meaning given by paragraph 7(11);“relevant environmental law” has the meaning given by paragraph5(2);“relevant ombudsman” has the meaning it has in Part 1 of this Act (seesection 24);“relevant public authority” has the meaning given by paragraph 5(3);“review application” has the meaning given by paragraph 12(2);“UK decision notice” has the meaning given by paragraph 11(11);“UK information notice” has the meaning given by paragraph 11(11).
(2) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
applies in relation to the laying of a document before the Northern Ireland
Assembly under this Part of this Schedule, as it applies in relation to thelaying of a statutory document under an Act of the Northern Ireland
Assembly.

5

10

15

20

25

30

35

40

45

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 2 — Amendments of the OEP’s general functions

165

PART 2AMENDMENTS OF THE OEP’S GENERAL FUNCTIONS
20
21This Act is amended in accordance with paragraphs 21 to 30.
(1) Section 24 (principal objective of the OEP and exercise of its functions) is
amended as follows.
(2) In subsection (6)—(a) after paragraph (a) insert—“(aa) how the OEP intends to determine whether failures tocomply with relevant environmental law are serious
for the purposes of paragraphs 7(1)(b) and (2)(b),9(1)(b), 10(1)(b), 12(1)(b) and 13(1) and (6) of Schedule3,”;(b) at the end of paragraph (b) insert “or paragraph 13(2) of Schedule 3,”;(c) omit the “and” at the end of paragraph (d);(d) after paragraph (d) insert—“(da) how the OEP intends to avoid any overlap between
the exercise of its functions under paragraphs 6 to 8 of
Schedule 3 (complaints) and the exercise by theNorthern Ireland Public Services Ombudsman of its
functions, and”.

5

10

15

20

(3) In subsection (7)(c) after “environmental law” insert “or Northern Irelandenvironmental law”.
(4) After subsection (7) insert—“(7A)

In this section “relevant environmental law” and “Northern Irelandenvironmental law” have the meanings they have in Part 1 of
Schedule 3 (see paragraphs 5 and 18(2) of that Schedule).”25(5) In subsection (8) after “sections 33 to 42” insert “and paragraphs 6 to 15 of
Schedule 3”.
2223

In section 25 (the OEP’s strategy: process), in subsection (1)(a) after“Parliament” insert “and the Northern Ireland Assembly”.

30(1) Section 26 (OEP independence) is amended as follows.
(2) At the end of subsection (1) insert “, so far as relating to the OEP’s Part 1
enforcement functions.”(3) In subsection (2)—(a) in paragraph (a) after “policy,” insert “so far as relating to its Part 1
enforcement functions,”;(b) in paragraph (b) for “enforcement functions” substitute “Part 1
enforcement functions”.
(4) In subsection (5) for “enforcement functions” substitute “Part 1 enforcement
functions”.

35

40

166

24

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 2 — Amendments of the OEP’s general functions

After section 26 (OEP independence) insert—“26A OEP independence in Northern Ireland
(1)

(2)

25

The OEP has complete discretion in the carrying out of its functionsin Northern Ireland, including in—(a) preparing its enforcement policy,(b) exercising its enforcement functions, and(c) preparing and publishing its budget.
In making and terminating appointments under paragraph 2(2B)
and paragraph 5(8B) of Schedule 1, the Northern Ireland Department
must obtain the consent of the Committee for Agriculture,
Environment and Rural Affairs of the Northern Ireland Assembly.”510(1) Section 28 (co-operation duties of public authorities and the OEP) is
amended as follows.
(2) In subsection (2)—(a) in paragraph (d) for “, the Welsh Ministers, a Northern Ireland
department or a Minister within the meaning of the Northern Ireland
Act 1998” substitute “or the Welsh Ministers”;(b) in paragraph (f) for “devolved functions” substitute “Scottish
devolved functions or Welsh devolved functions”.
(3) In subsection (3) for “devolved functions”, in both places it occurs, substitute“Scottish devolved functions or Welsh devolved functions”.

1520(4) After subsection (3) insert—
“(3A)

26

27

An implementation body is only required to co-operate with the OEP
by virtue of subsection (1) to the extent that co-operation is in relation
to functions of that body exercisable in or as regards Northern
Ireland.
In this subsection “implementation body” has the meaning it has insection 55 of the Northern Ireland Act 1998 (see subsection (3) of that
section).”In section 38 (linked notices), after subsection (6) insert—“(6A)

If the OEP considers that an information notice or a decision notice
relates to conduct that is the same or similar to conduct that is the
subject of a Northern Ireland information notice or Northern Ireland
decision notice, it may determine that those notices are linked.

(6B)

The OEP must provide the recipient of an information notice or adecision notice with—(a) a copy of every Northern Ireland information notice orNorthern Ireland decision notice which is linked to it, and(b) a copy of any relevant correspondence, relating to such a
notice, between the OEP and the recipient of that notice.”(1) Section 44 (confidentiality of proceedings) is amended as follows.
(2) In subsection (2)—(a) in paragraph (b) after “(investigations)” insert “or paragraph 7 of
Schedule 3 (functions of the OEP in Northern Ireland)”;

25

30

35

40

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 2 — Amendments of the OEP’s general functions

(b)

(c)
(d)
(e)

167

after paragraph (c) insert—“(ca) made for purposes connected with the co-ordinationof the OEP’s functions that relate to investigations
under paragraph 7 of Schedule 3 and the Northern
Ireland Public Services Ombudsman’s functions that
relate to investigations by the Ombudsman;”;in paragraph (d) after “section 34” insert “or paragraph 7 of Schedule3”;
in paragraph (e) after “sections 36 to 42” insert “or paragraphs 9 to 15
of Schedule 3”;
in paragraph (h) after “this Chapter” insert “or Part 1 of Schedule 3”.

510(3) In subsection (3)(a) for “or decision notice” substitute “, decision notice,Northern Ireland information notice or Northern Ireland decision notice”.
(4) In subsection (4)—(a) in paragraph (a)(i) for “or a decision notice” substitute “, a decision
notice, a Northern Ireland information notice or a Northern Ireland
decision notice”;(b) in paragraph (b) after “section 34” insert “or paragraph 7 of Schedule3”;(c) in paragraph (d) after “judicial review” insert “(which includes areview application)”.
(5) In subsection (5)—(a) for “or a decision notice” substitute “, a decision notice, a Northern
Ireland information notice or a Northern Ireland decision notice”;(b) after “this Chapter” insert “or Part 1 of Schedule 3”.

15

20

25

(6) In subsection (6) after “this Chapter” insert “or Part 1 of Schedule 3”.
28(1) Section 48 (interpretation of Part 1 of the Act) is amended as follows.
(2) The existing text becomes subsection (1).
(3) In that subsection—(a) in the definition of “devolved environmental governancefunction”—(i) for “devolved function” substitute “Scottish devolved
function or Welsh devolved function”;(ii) after “this Part” insert “or Part 1 of Schedule 3 (functions of
the OEP in Northern Ireland)”;(b) at the appropriate places insert—““Northern Ireland decision notice” means a noticegiven under paragraph 10 of Schedule 3 (functions of
the OEP in Northern Ireland);”;““Northern Ireland information notice” means a noticegiven under paragraph 9 of Schedule 3;”;““review application” has the meaning it has in Part 1 of
Schedule 3 (see paragraph 12 of that Schedule)”;““Scottish devolved function” means a function
exercisable in or as regards Scotland, the exercise ofwhich would be within devolved competence (within
the meaning of section 54 of the Scotland Act 1998);”;

30

35

40

45

168

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 2 — Amendments of the OEP’s general functions““Welsh devolved function” means a function
exercisable in or as regards Wales that could beconferred by provision falling within the legislativecompetence of Senedd Cymru (see section 108A of theGovernment of Wales Act 2006).”.

5(4) After that subsection insert—
“(2)

29

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33(N.I.)) applies in relation to the laying of a document before theNorthern Ireland Assembly under this Part, as it applies in relation
to the laying of a statutory document under an Act of the Northern
Ireland Assembly.”

10(1) Schedule 1 is amended as follows.
(2) In paragraph 1—(a) in sub-paragraph (1), after paragraph (a) insert—“(aa) a Northern Ireland member (who is to be a nonexecutive member),”;(b) in sub-paragraph (2) after “Secretary of State” insert “, the Northern
Ireland Department”;(c) in sub-paragraph (3)—(i) for “In making those appointments,” substitute “Whenexercising their functions of appointment”;(ii) after “non-executive members” insert “(including theNorthern Ireland member)”.

1520(3) In paragraph 2 for sub-paragraphs (1) and (2) substitute—“(1) The Chair is to be appointed by the Secretary of State acting jointlywith the Northern Ireland Department, other than the first Chair
who is to be appointed by the Secretary of State.
(2) The Northern Ireland member is to be appointed by the Northern
Ireland Department after consulting the Secretary of State and the
Chair.

25

30(2A) The other non-executive members are to be appointed by the
Secretary of State after consulting the Northern Ireland
Department and the Chair.
(2B) The Northern Ireland Department must appoint as the Northern
Ireland member a person with experience of—(a) Northern Ireland environmental law (within the meaningof Part 1 of Schedule 3),(b) environmental science in Northern Ireland, or(c) environmental regulation in Northern Ireland.”(4) In paragraph 3(3) after “Secretary of State” insert “and the Northern Ireland
Department”.
(5) In paragraph 5—(a) in sub-paragraph (4) after “of non-executive members” insert“(including the Northern Ireland member)”;

35

40

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 2 — Amendments of the OEP’s general functions

169

(b)

after that sub-paragraph insert—(c)“(4A) The Northern Ireland Department must, in determining
the length of a Northern Ireland member’s term, haveregard to the desirability of securing that the appointmentsof non-executive members expire at different times.”;
for sub-paragraph (6) substitute—5“(6) A non-executive member ceases to be a member of the OEP
upon becoming its employee.
(7) A non-executive member, other than the Northern Ireland
member—(a) may resign from office by giving notice to theSecretary of State, and(b) may be removed from office by notice given by the
Secretary of State, after consulting the Northern
Ireland Department, on the grounds that themember—(i) has without reasonable excuse failed todischarge the member’s functions, or(ii) is, in the opinion of the Secretary of State,
unable or unfit to carry out the member’sfunctions.
(8) The Northern Ireland member—(a) may resign from office by giving notice to theNorthern Ireland Department, and(b) may be removed from office by notice given by theNorthern Ireland Department after consulting theSecretary of State, on the grounds that themember—(i) has without reasonable excuse failed todischarge the member’s functions, or(ii) is, in the opinion of the Northern Ireland
Department, unable or unfit to carry out themember’s functions.”(6) In paragraph 10(4)—(a) in paragraph (b) after “section 29 or 30” insert “, or a report underparagraph 1 or 2 of Schedule 3 (functions of the OEP in Northern
Ireland)”;(b) in paragraph (c) after “section 31(1) or (3)” insert “, or written advice
to a Northern Ireland department under paragraph 3(1) or (3) ofSchedule 3”;(c) in paragraph (d) after “information notice” insert “or a Northern
Ireland information notice”;(d) in paragraph (e) after “decision notice” insert “or a Northern Ireland
decision notice”;(e) after paragraph (g) insert—“(ga) deciding whether to make a review application (seeparagraph 12 of Schedule 3) or an application forjudicial review by virtue of paragraph 13(1) or to

10

15

20

25

30

35

40

45

170

Environment Bill
Schedule 3 — The Office for Environmental Protection: Northern IrelandPart 2 — Amendments of the OEP’s general functions

intervene in proceedings that relate to a judicial
review (see paragraph 13 of that Schedule);”.
(7) In paragraph 12—(a) in sub-paragraph (1)—(i) after “Secretary of State”, in the first place it occurs, insert“and the Northern Ireland Department”;(ii) after “must” insert “, between them,”;(iii) for “the Secretary of State considers” substitute “theyconsider”;(b) in sub-paragraph (2)—(i) after “Secretary of State”, in the first place it occurs, insert “,or the Northern Ireland Department,”;(ii) after “Secretary of State”, in the second place it occurs, insert“, or that department,”.
(8) In paragraph 13(2)(a) after “Parliament” insert “and the Northern Ireland
Assembly”.
(9) In paragraph 14—(a) in sub-paragraph (3) after “Secretary of State” insert “and theNorthern Ireland Department”;(b) in sub-paragraph (4) after “Secretary of State” insert “, the Northern
Ireland Department”;(c) in sub-paragraph (5)(b) after “Secretary of State” insert “, theNorthern Ireland Department”;(d) in sub-paragraph (6) after “Parliament” insert “and the Northern
Ireland Assembly”.

5

10

15

20

25

(10) In paragraph 17 after “Secretary of State” insert “and the Northern Ireland
Department”.
(11) After paragraph 23 insert—“Meaning of “the Northern Ireland Department”
24

30

In this Schedule “the Northern Ireland Department” means the
Department of Agriculture, Environment and Rural Affairs inNorthern Ireland.”30(1) Schedule 2 (improving the natural environment: Northern Ireland) is
amended as follows.
(2) In paragraph 3(4)(b) after “under paragraph 5” insert “and reports made by
the OEP under paragraph 1 of Schedule 3”.

35(3) In paragraph 4(4)(b) after “under paragraph 5” insert “and reports made by
the OEP under paragraph 1 of Schedule 3”.
(4) In paragraph 11(1), at the appropriate place insert—““OEP” has the meaning given by section 23;”.

40

171

Environment Bill
Schedule 4 — Producer responsibility obligations
Part 1 — Requirements

SCHEDULE 4

Section 51

PRODUCER RESPONSIBILITY OBLIGATIONSPART 1REQUIREMENTS
General power
15(1) The relevant national authority may by regulations make provision forimposing producer responsibility obligations on specified persons in respectof specified products or materials.
(2) The regulations may be made only for the purpose of—(a) preventing a product or material becoming waste, or reducing theamount of a product or material that becomes waste;(b) sustaining a minimum level of, or promoting or securing an increase
in, the re-use, redistribution, recovery or recycling of products ormaterials.
(3) In this Schedule “producer responsibility obligations” means steps required
to be taken, in respect of products or materials, for a purpose in subparagraph (2).

1015

Examples of provision that may be made2

(1) The regulations may make provision about—(a) the persons to whom producer responsibility obligations apply;(b) the products or materials in relation to which producer
responsibility obligations apply;(c) the obligations imposed by the regulations.
(2) The regulations may make provision about targets to be achieved in relation
to the proportion of products or materials (by weight, volume or otherwise)
to be re-used, redistributed, recovered or recycled (either generally or in a
specified way).
(3) The regulations may make provision about circumstances in which a
producer responsibility obligation is to be treated as met (in whole or in part)by payment of a sum of money, including provision about—(a) the manner in which and persons by whom the amount of such sums
is to be determined, and(b) the persons to whom such sums are to be paid.

20

25

30

Registration of persons subject to producer responsibility obligations
3(1) The regulations may make provision requiring the registration of persons
who are subject to a producer responsibility obligation.
(2) The regulations may make provision about—(a) applications for registration,(b) the imposition and variation of requirements in connection withregistration,(c) the period for which registration is to remain in force, and

35

40

172

Environment Bill
Schedule 4 — Producer responsibility obligations
Part 1 — Requirements(d)the cancellation of registration.

(3) The regulations may require registers to be published or made available forinspection.
Compliance schemes
4(1) The regulations may make provision authorising or requiring persons whoare subject to a producer responsibility obligation to become members of acompliance scheme.
(2) The regulations may make provision about—(a) the approval, or withdrawal of approval, of compliance schemes by
the relevant national authority,(b) the establishment, maintenance or management of a compliancescheme by a person appointed by the relevant national authority.
(3) In this Schedule “compliance scheme” means a scheme under which
producer responsibility obligations of members of the scheme aredischarged by the scheme operator on their behalf.

5

10

15

Registration of compliance schemes
5(1) The regulations may make provision about the registration of complianceschemes, including provision about—(a) requirements and criteria to be met before a compliance scheme may
be registered,(b) applications for registration,(c) the imposition and variation of conditions in connection withregistration,(d) the period for which registration is to remain in force,(e) the cancellation of registration.
(2) The regulations may make provision about—(a) appeals against the refusal of registration, the imposition of
conditions in connection with registration, or the cancellation ofregistration,(b) the procedure on the appeals.
(3) The regulations may make provision about the position of persons andcompliance schemes pending determination or withdrawal of an appeal,
including provision about cases in which—(a) a compliance scheme is, or is not, to be treated as registered, or(b) a person is, or is not, to be treated as a member of a registeredcompliance scheme.

20

25

30

35

(4) The regulations may require registers to be published or made available forinspection.
Power to direct compliance scheme operators
6(1) If it appears to the relevant national authority that any action proposed to betaken by the operator of a compliance scheme would be incompatible withan international agreement to which the United Kingdom is a party, it may
direct the operator not to take the action in question.

40

Environment Bill
Schedule 4 — Producer responsibility obligations
Part 1 — Requirements

173(2) If it appears to the relevant national authority that any action which theoperator of a compliance scheme has power to take is required for the
purpose of implementing an international agreement to which the United
Kingdom is a party, it may direct the operator to take the action in question.
(3) A direction under this paragraph—(a) may include consequential, supplementary, incidental, transitionalor saving provision;(b) on the application of the relevant national authority, is enforceable—(i) by injunction, or(ii) in Scotland, by interdict or by an order for specificperformance under section 45 of the Court of Session Act
1988.

5

10

Certificates of compliance
7(1) The regulations may make provision about certificates of compliance.
(2) The regulations may make provision—(a) requiring persons who are not members of compliance schemes toprovide certificates of compliance to an enforcement authority;(b) about the approval of persons by an enforcement authority for the
purposes of issuing certificates of compliance.

15(3) In this Schedule “certificate of compliance” means a certificate which—(a) is issued by a person approved by an enforcement authority, and(b) states that the person issuing the certificate is satisfied that theperson to whom it relates is complying with their producer
responsibility obligations.

20(4) The regulations may include provision requiring an enforcement authority
to give guidance to persons issuing certificates of compliance, including
guidance as to matters which are, or are not, to be treated as evidence ofcompliance or non-compliance.

25(5) In this paragraph “enforcement authority” means a person on whomfunctions are conferred by regulations under Part 2 of this Schedule.

30

Consultation etc requirements
8(1) Before making regulations under this Part of this Schedule the relevant
national authority must consult persons appearing to it to represent theinterests of those likely to be affected.
(2) The requirement in sub-paragraph (1) may be met by consultation carriedout before this paragraph comes into force.

9(1) Before making regulations under this Part of this Schedule the relevant
national authority must be satisfied that—(a) making the regulations would be likely to achieve one or more of the
purposes in paragraph 1(2);(b) making the regulations would produce environmental or economic
benefits;(c) those benefits are significant as against the likely costs resulting fromthe imposition of the producer responsibility obligations;

35

40

174

Environment Bill
Schedule 4 — Producer responsibility obligations
Part 1 — Requirements

(d)
(e)

the burdens imposed on businesses by the regulations are theminimum necessary to secure those benefits;
those burdens are imposed on the persons most able to make acontribution to securing those benefits—(i) having regard to the desirability of acting fairly between
persons who manufacture, process, distribute or supply
products or materials, and(ii) taking account of the need to ensure that the proposed
producer responsibility obligation is so framed as to beeffective in achieving the purposes for which it is imposed.

510(2) Nothing in sub-paragraph (1)(e)(i) prevents regulations imposing a
producer responsibility obligation on any class or description of person to
the exclusion of any others.
(3) Sub-paragraph (1) does not apply to regulations for the implementation of
an international agreement to which the United Kingdom is a party.
10

The relevant national authority must exercise the power to make regulations
under this Part in the way it considers best calculated to secure that—(a) the regulations do not have the effect of restricting, distorting or
preventing competition, or(b) if the regulations are likely to have that effect, the effect is no greaterthan is necessary for achieving the environmental or economic
benefits mentioned in paragraph 9(1).

1520Interpretation
11(1) In this Part of this Schedule—“operator”, in relation to a compliance scheme, includes any person
responsible for establishing, maintaining or managing the scheme;“product” and “material” include a product or material at a time when
it becomes, or has become, waste;“recovery”, in relation to products or materials, includes—(a) composting them, or any other transformation of them bybiological processes, or(b) obtaining energy from them by any means;“specified” means specified in, or determined in accordance with, theregulations.
(2) The regulations may specify, in relation to products or materials, activities,
or the activities, which are to be treated for the purposes of this Part of thisSchedule and the regulations as re-use, redistribution, recovery or recycling.

25

30

35

PART 2
ENFORCEMENT
General power
12

The relevant national authority may by regulations (“Part 2 regulations”)
make provision about the enforcement of requirements imposed byregulations (“Part 1 regulations”) made by the authority under Part 1 of thisSchedule.

40

Environment Bill
Schedule 4 — Producer responsibility obligations
Part 2 — Enforcement

175

Powers to confer functions
13(1) Part 2 regulations may include provision conferring functions on one ormore persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Part).
(2) Part 2 regulations may include provision—(a) conferring functions involving the exercise of discretion;(b) for the functions of an enforcement authority to be exercised on its
behalf by persons authorised in accordance with the regulations.
(3) Part 2 regulations may include provision requiring an enforcement
authority to issue guidance about the exercise of its functions.

510

Monitoring compliance
14Part 2 regulations may include provision conferring on an enforcement
authority the function of monitoring compliance with requirements
imposed by Part 1 regulations.

Records and information
15

Part 2 regulations may include provision—(a) requiring persons on whom requirements are imposed by Part 1
regulations to keep records;(b) requiring persons on whom requirements are imposed by Part 1
regulations to provide records or other information to an
enforcement authority;(c) requiring an enforcement authority to make reports or provide
information to the relevant national authority.

15

20

Powers of entry etc
16(1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.
(2) Part 2 regulations may include provision—(a) for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;(b) about applications for, and the execution of, warrants.
(3) Part 2 regulations must secure that the authority of a warrant is required forthe exercise of any powers conferred by the regulations to—(a) enter premises by force;(b) enter a private dwelling without the consent of the occupier;(c) search and seize material.

25

30

35

Sanctions
17(1) Part 2 regulations may include provision—(a) for, about or connected with the imposition of civil sanctions in
respect of—

40

176

Environment Bill
Schedule 4 — Producer responsibility obligations
Part 2 — Enforcement

(i)

(b)

failures to comply with Part 1 regulations or Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;
for appeals against such sanctions.

(2) Part 2 regulations may include provision—(a) creating criminal offences punishable with a fine in respect of—(i) failures to comply with Part 1 regulations or Part 2
regulations,(ii) failures to comply with civil sanctions imposed under Part 2
regulations, or(iii) the obstruction of or failure to assist an enforcement
authority;(b) about such offences.
(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement andSanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).
18

Part 2 regulations may include provision for the imposition of sanctions ofthat kind whether or not—(a) the conduct in respect of which the sanction is imposed constitutes
an offence,(b) the enforcement authority is a regulator for the purposes of Part 3 of
the Regulatory Enforcement and Sanctions Act 2008, or(c) the relevant national authority may make provision for theimposition of sanctions under that Part.

5

10

15

20

25

Charges
19

Part 2 regulations may include provision—(a) requiring persons on whom requirements are imposed by Part 1
regulations to pay charges, as a means of recovering costs incurredby an enforcement authority in performing its functions;(b) authorising a court or tribunal dealing with any matter under Part 1
regulations or Part 2 regulations to award to an enforcement
authority costs incurred by it in performing its functions under the
regulations in relation to that matter.

30

35

Consultation requirement
20(1) Before making Part 2 regulations the relevant national authority must
consult any persons the authority considers appropriate.
(2) The requirement in sub-paragraph (1) may be met by consultation carriedout before this paragraph comes into force.

40

Environment Bill
Schedule 5 — Producer responsibility for disposal costs
Part 1 — Requirements

SCHEDULE 5

177

Section 52

PRODUCER RESPONSIBILITY FOR DISPOSAL COSTSPART 1REQUIREMENTS
General power
15(1) The relevant national authority may by regulations make provision
requiring the payment of sums by specified persons, in respect of specified
products or materials.
(2) The regulations may be made only for the purpose of securing that those
involved in manufacturing, processing, distributing or supplying products
or materials meet, or contribute to, the disposal costs of the products ormaterials.

10“Disposal costs” and “disposal”
2(1) In this Schedule the “disposal costs” of products or materials means suchcosts incurred in connection with the disposal of the products or materials
as may be specified in the regulations.

15(2) In this Schedule the “disposal” of products or materials includes their re-use,
redistribution, recovery or recycling.
(3) Disposal costs may include the costs of—(a) collecting and transporting products or materials for disposal,(b) sorting and treating products or materials,(c) other steps preparatory to disposal of products or materials, and(d) providing public information about the disposal of products ormaterials.
(4) They may include costs incurred in relation to products or materials thathave been disposed of unlawfully.

2025(5) The regulations may make provision as to how the disposal costs ofproducts or materials are to be calculated.
Calculation of sums payable
3(1) The regulations may make provision as to how the sums payable under the
regulations are to be calculated.
(2) They may include provision for the sums payable under the regulations tovary according to the design or composition of the products or materials towhich the regulations relate, the methods by which they were produced or
any other factor.

Administration
4(1) The regulations may appoint, or make provision for the appointment of, aperson (an “administrator”) to administer provision made by theregulations.

30

35

178

Environment Bill
Schedule 5 — Producer responsibility for disposal costs
Part 1 — Requirements(2) More than one person may be appointed as an administrator.
(3) The regulations may confer functions on an administrator (including
functions involving the exercise of discretion).
(4) References in this Schedule to an administrator include a person appointed
by an administrator or exercising functions on an administrator’s behalf.

5Registration
5(1) The regulations may require—(a) persons required to pay sums under the regulations to register withan administrator;(b) administrators to register with an enforcement authority appointed
by regulations under Part 2 of this Schedule.
(2) The regulations may make provision—(a) about applications for registration;(b) about the period for which registration has effect;(c) about the cancellation of registration.

1015(3) The regulations may require persons required to register to pay, inconnection with their registration, fees of an amount determined by or inaccordance with the regulations.
(4) The regulations may require registers to be published or made available forinspection.

20

Payment of sums
6(1) The regulations may make provision for the sums payable under the
regulations to be payable to an administrator.
(2) The regulations may make provision as to how sums paid to theadministrator are to be held by the administrator.

25

Distribution of sums paid
7

The regulations may make provision for sums paid to an administrator—(a) to be distributed by the administrator, in accordance with theregulations, among persons who have incurred disposal costs inrelation to products or materials to which the regulations relate, or(b) to be paid to another administrator to be so distributed by thatadministrator.

30

Repayment of sums paid
8(1) The regulations may make provision for sums paid to an administrator to be
repayable, in whole or in part, to the persons by whom they were payable(“liable persons”).

35(2) The regulations may make provision as to how sums repayable under the
regulations are to be calculated.
(3) They may include provision for the sums repayable under the regulations tovary according to the extent to which, or manner in which, liable persons

40Environment Bill
Schedule 5 — Producer responsibility for disposal costs
Part 1 — Requirements

179

dispose of products or materials to which the regulations relate, or meet orcontribute to their disposal costs.
Charges
9

The regulations may include provision requiring the payment of charges toadministrators, as a means of recovering costs incurred by administrators in
performing functions under the regulations.

5

Consultation requirements
10(1) Before making regulations under this Part of this Schedule the relevant
national authority must consult persons appearing to it to represent theinterests of those likely to be affected.

10(2) The requirement in sub-paragraph (1) may be met by consultation carriedout before this paragraph comes into force.
PART 2
ENFORCEMENT
General power
11

The relevant national authority may by regulations (“Part 2 regulations”)
make provision about the enforcement of requirements imposed byregulations (“Part 1 regulations”) made by the authority under Part 1 of thisSchedule.

Powers to confer functions
12

15

20

(1) Part 2 regulations may include provision conferring functions on one ormore persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Part).
(2) Part 2 regulations may include provision—(a) conferring functions involving the exercise of discretion;(b) for the functions of an enforcement authority to be exercised on its
behalf by persons authorised in accordance with the regulations.

25(3) Part 2 regulations may include provision requiring an enforcement
authority to issue guidance about the exercise of its functions.
Monitoring compliance
1330Part 2 regulations may include provision conferring on an enforcement
authority the function of monitoring compliance with requirements
imposed by Part 1 regulations.

Records and information
14

Part 2 regulations may include provision—(a) requiring persons on whom requirements are imposed by Part 1
regulations to keep records;

35

180

Environment Bill
Schedule 5 — Producer responsibility for disposal costs
Part 2 — Enforcement

(b)

(c)

requiring persons on whom requirements are imposed by Part 1
regulations to provide records or other information to an
enforcement authority or (where the person is not an administrator)
an administrator;
requiring an enforcement authority to make reports or provide
information to the relevant national authority.

5Powers of entry etc
15(1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.
(2) Part 2 regulations may include provision—(a) for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;(b) about applications for, and the execution of, warrants.

10(3) Part 2 regulations must secure that the authority of a warrant is required forthe exercise of any powers conferred by the regulations to—(a) enter premises by force;(b) enter a private dwelling without the consent of the occupier;(c) search and seize material.

15

Sanctions
16(1) Part 2 regulations may include provision—(a) for, about or connected with the imposition of civil sanctions in
respect of—(i) failures to comply with Part 1 regulations or Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) for appeals against such sanctions.
(2) Part 2 regulations may include provision—(a) creating criminal offences punishable with a fine in respect of—(i) failures to comply with civil sanctions imposed under Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) about such offences.

20

25

30

35

(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement andSanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).
(4) Part 2 regulations may include provision for the imposition of sanctions ofthat kind whether or not—(a) the conduct in respect of which the sanction is imposed constitutes
an offence,(b) the enforcement authority is a regulator for the purposes of Part 3 of
the Regulatory Enforcement and Sanctions Act 2008, or40

45

Environment Bill
Schedule 5 — Producer responsibility for disposal costs
Part 2 — Enforcement

(c)

181

the relevant national authority may make provision for theimposition of sanctions under that Part.

Costs
17

Part 2 regulations may include provision—(a) requiring persons on whom requirements are imposed by Part 1
regulations to pay charges, as a means of recovering costs incurredby an enforcement authority in performing its functions;(b) authorising a court or tribunal dealing with any matter under Part 1
regulations or Part 2 regulations to award to an enforcement
authority costs incurred by it in performing its functions in relation
to that matter.

5

10Consultation requirements
18(1) Before making regulations under this Part of this Schedule the relevant
national authority must consult any persons the authority considers
appropriate.

15(2) The requirement in sub-paragraph (1) may be met by consultation carriedout before this paragraph comes into force.

SCHEDULE 6

Section 53

RESOURCE EFFICIENCY INFORMATIONPART 120

REQUIREMENTS
General power
1(1) The relevant national authority may by regulations make provision for the
purposes of requiring specified persons, in specified circumstances, toprovide specified information about the resource efficiency of specified
products.
(2) The regulations may not make such provision in relation to a product which
is—(a) a medicinal product, within the meaning of the Human Medicines
Regulations 2012 (S.I. 2012/1916);(b) a veterinary medicinal product, within the meaning of theVeterinary Medicines Regulations 2013 (S.I. 2013/2033);(c) food, within the meaning of article 2 of Regulation (EC) No. 178/
2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of foodlaw, establishing the European Food Safety Authority and laying
down procedures in matters of food safety.
(3) Sub-paragraph (2) does not prevent the regulations making provision in
relation to a product which is not within that sub-paragraph, but ispackaging for a product which is within that sub-paragraph.

25

30

35

40

182

Environment Bill
Schedule 6 — Resource efficiency information
Part 1 — Requirements

Meaning of “information about resource efficiency”
2(1) Information about resource efficiency, in relation to a product, means
information which—(a) is within sub-paragraph (2) or (3), and(b) is relevant to the product’s impact on the natural environment.
(2) The information within this sub-paragraph is information about—(a) the expected life of the product;(b) aspects of the product’s design which affect its expected life;(c) the availability or cost of component parts, tools, or anything else
required to repair or maintain the product;(d) whether the product can be upgraded, and the availability or cost of
upgrades;(e) any other matter relevant to repairing, maintaining,
remanufacturing or otherwise prolonging the expected life of, theproduct;(f) the ways in which the product can be disposed of at the end of its life
(including whether and to what extent it can be recycled, andwhether materials used in it can be extracted and reused or recycled).
(3) The information within this sub-paragraph is information about—(a) the materials from which the product is manufactured;(b) the techniques used in its manufacture;(c) the resources consumed during its production or use;(d) the pollutants (including greenhouse gases within the meaning ofsection 92 of the Climate Change Act 2008) released or emitted at any
stage of the product’s production, use or disposal.

5

10

15

20

25

Persons on whom requirements may be imposed3

The regulations may impose requirements to provide information in
relation to a product on a person only if the person is a person connectedwith the manufacture, import, distribution, sale or supply of the product.

Examples of provision that may be made4

The regulations may include provision—(a) about how information about a product is to be provided (forexample, by affixing a label to the product);(b) conferring on specified persons the function of determining whether
specified products or materials have specified properties orcharacteristics (for example, whether they can be recycled) andpublishing the results of such determinations;(c) specifying a scheme for classifying products by reference to mattersabout which resource efficiency information must be provided;(d) requiring information provided about a product to be determinedaccording to specified criteria (for example, according to results
published by virtue of paragraph (b) or classification schemes underparagraph (c)).

30

35

40

183

Environment Bill
Schedule 6 — Resource efficiency information
Part 1 — Requirements

Consultation etc requirements
5(1) Before making regulations under this Part of this Schedule the relevant
national authority must—(a) consult any persons the authority considers appropriate, and(b) have regard to the matters in sub-paragraph (2).
(2) The matters are—(a) the extent to which the proposed regulations are likely to reduce theproduct’s impact on the natural environment at any stage of its
production, use or disposal;(b) the environmental, social, economic or other costs of complying withthe regulations;(c) whether exemptions should be given, or other special provision
made, for smaller businesses.
(3) The requirement in sub-paragraph (1)(a) may be met by consultation carriedout before this paragraph comes into force.

5

10

15

Interpretation
6

In this Part of this Schedule—“natural environment” has the same meaning as in Part 1 of this Act(see section 45);
“product” includes a product which is a component part of, or
packaging for, another product;“specified” means specified in, or determined in accordance with, theregulations.

20

PART 2
ENFORCEMENT

25

General power
7

The relevant national authority may by regulations (“Part 2 regulations”)
make provision about the enforcement of requirements imposed byregulations (“Part 1 regulations”) made by the authority under Part 1 of thisSchedule.

30

Powers to confer functions
8(1) Part 2 regulations may include provision conferring functions on one ormore persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Part).
(2) Part 2 regulations may include provision—(a) conferring functions involving the exercise of discretion;(b) for the functions of an enforcement authority to be exercised on its
behalf by persons authorised in accordance with the regulations.
(3) Part 2 regulations may include provision requiring an enforcement
authority to issue guidance about the exercise of its functions.

35

40

184

Environment Bill
Schedule 6 — Resource efficiency information
Part 2 — Enforcement

Monitoring compliance
9Part 2 regulations may include provision conferring on an enforcement
authority the function of monitoring compliance with requirements
imposed by Part 1 regulations (which may include the function of testing or
assessing products).

5

Records and information
10

Part 2 regulations may include provision—(a) requiring persons on whom requirements are imposed by Part 1
regulations to keep records;(b) requiring persons on whom requirements are imposed by Part 1
regulations to provide records or other information to an
enforcement authority;(c) requiring an enforcement authority to make reports or provide
information to the relevant national authority.

Powers of entry etc
11

10

15

(1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.
(2) Part 2 regulations may include provision—(a) for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;(b) about applications for, and the execution of, warrants.

20(3) Part 2 regulations must secure that the authority of a warrant is required forthe exercise of any powers conferred by the regulations to—(a) enter premises by force;(b) enter a private dwelling without the consent of the occupier;(c) search and seize material.

25

Sanctions
12(1) Part 2 regulations may include provision—(a) for, about or connected with the imposition of civil sanctions in
respect of—(i) failures to comply with Part 1 regulations or Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) for appeals against such sanctions.
(2) Part 2 regulations may include provision—(a) creating criminal offences punishable with a fine in respect of—(i) failures to comply with civil sanctions imposed under Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) about such offences.

30

35

40

185

Environment Bill
Schedule 6 — Resource efficiency information
Part 2 — Enforcement(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement andSanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).
(4) Part 2 regulations may include provision for the imposition of sanctions ofthat kind whether or not—(a) the conduct in respect of which the sanction is imposed constitutes
an offence,(b) the enforcement authority is a regulator for the purposes of Part 3 of
the Regulatory Enforcement and Sanctions Act 2008, or(c) the relevant national authority may make provision for theimposition of sanctions under that Part.

5

10

Costs
13

Part 2 regulations may include provision—(a) requiring persons on whom requirements are imposed by Part 1
regulations to pay costs incurred by an enforcement authority inperforming its functions;(b) authorising a court or tribunal dealing with any matter under Part 1
regulations or Part 2 regulations to award to an enforcement
authority costs incurred by it in performing its functions in relation
to that matter.

15

20

Consultation requirement
14(1) Before making Part 2 regulations the relevant national authority must
consult any persons the authority considers appropriate.
(2) The requirement in sub-paragraph (1) may be met by consultation carriedout before this paragraph comes into force.

SCHEDULE 7

25

Section 54

RESOURCE EFFICIENCY REQUIREMENTS
PART 1REQUIREMENTS

30

General power
1(1) The relevant national authority may by regulations make provision for the
purposes of requiring specified products, in specified circumstances, to meet
specified resource efficiency requirements.
(2) The regulations may not make such provision in relation to a product which
is—(a) an energy-related product, within the meaning of the Ecodesign for
Energy-Related Products Regulations 2010 (S.I. 2010/2617);(b) a medicinal product, within the meaning of the Human Medicines
Regulations 2012 (S.I. 2012/1916);

35

40

186

Environment Bill
Schedule 7 — Resource efficiency requirements
Part 1 — Requirements

(c)
(d)

a veterinary medicinal product, within the meaning of theVeterinary Medicines Regulations 2013 (S.I. 2013/2033);
food, within the meaning of article 2 of Regulation (EC) No. 178/
2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of foodlaw, establishing the European Food Safety Authority and laying
down procedures in matters of food safety.

(3) Sub-paragraph (2) does not prevent the regulations making provision in
relation to a product which is not within that sub-paragraph, but ispackaging for a product which is within that sub-paragraph.

5

10

Meaning of “resource efficiency requirements”
2(1) “Resource efficiency requirements”, in relation to a product, means
requirements which—(a) are within sub-paragraph (2) or (3), and(b) are relevant to the product’s impact on the natural environment.
(2) The requirements within this sub-paragraph are requirements relating to—(a) aspects of the product’s design which affect its expected life;(b) the availability or cost of component parts, tools, or anything else
required to repair or maintain the product;(c) whether the product can be upgraded, and the availability or cost of
upgrades;(d) any other matter relevant to repairing, maintaining,
remanufacturing or otherwise prolonging the expected life of, theproduct;(e) the ways in which the product can be disposed of at the end of its life
(including whether and to what extent it can be recycled, andwhether materials used in it can be extracted and reused or recycled).
(3) The requirements within this sub-paragraph are requirements relating to—(a) the materials from which the product is manufactured;(b) the techniques used in its manufacture;(c) the resources consumed during its production or use;(d) the pollutants (including greenhouse gases within the meaning ofsection 92 of the Climate Change Act 2008) released or emitted at any
stage of the product’s production, use or disposal.
(4) Resource efficiency requirements may be specified by reference to standards
prepared by a specified person.

15

20

25

30

35

Persons on whom requirements may be imposed3

The regulations may impose resource efficiency requirements on a person
only if the person is connected with the manufacture, import, distribution,
sale or supply of the product.

Examples of provision that may be made4(1) The regulations may include provision—(a) prohibiting a product being distributed, sold or supplied unless itmeets resource efficiency requirements;

40Environment Bill
Schedule 7 — Resource efficiency requirements
Part 1 — Requirements

(b)

187

requiring persons connected with the manufacture, import,
distribution, sale or supply of a product to provide information toother such persons.

(2) The regulations may include provision—(a) about how and by whom a product’s compliance with resource
efficiency requirements is to be determined;(b) for appeals against such determinations;(c) about how a product’s compliance with resource efficiency
requirements is to be evidenced (for example, by affixing a label orapplying a marking to a product).

510Consultation etc requirements
5(1) Before making regulations under this Part of this Schedule the relevant
national authority must—(a) consult such persons as the authority considers appropriate, and(b) where sub-paragraph (3) or (4) applies, publish for the purposes of
the consultation—(i) the authority’s assessment of the matters it must be satisfiedof, and(ii) a draft of the regulations.
(2) The requirements in sub-paragraph (1) may be met by consultation carriedout, and assessments and draft regulations published, before this paragraphcomes into force.
(3) Before making regulations under this Part of this Schedule in relation to a
new product, the relevant national authority must be satisfied that—(a) the product has a significant impact on the natural environment at
any stage of its production, use or disposal,(b) the proposed regulations would be likely to reduce the product’s
impact on the natural environment,(c) the benefit of that would be significant as against the likely
environmental, social, economic or other costs of the proposed
regulations, and(d) a reduction in the product’s impact on the natural environment
could not be achieved as effectively without making the regulations.
(4) Before making regulations under this Part of this Schedule which—(a) specify additional resource efficiency requirements in relation to a
product, or(b) specify additional persons who must meet resource efficiency
requirements in relation to a product,
the relevant national authority must be satisfied of the matters in subparagraph (3)(b) to (d).

15

20

25

30

35

40

(5) A “new product” means a product in relation to which there are no existing
regulations made by the relevant national authority under this Part of thisSchedule.
(6) Before making regulations under this Part of this Schedule the relevant
national authority must consider whether exemptions should be given, orother special provision made, for smaller businesses.

45

188

Environment Bill
Schedule 7 — Resource efficiency requirements
Part 1 — Requirements

Interpretation
6

In this Part of this Schedule—“natural environment” has the same meaning as in Part 1 of this Act(see section 45);
“product” includes a product which is a component part of, or
packaging for, another product;“specified” means specified in, or determined in accordance with, theregulations.

5PART 2
ENFORCEMENT

10

General power
7

The relevant national authority may by regulations (“Part 2 regulations”)
make provision about the enforcement of requirements imposed byregulations (“Part 1 regulations”) made by the authority under Part 1 of thisSchedule.

15

Powers to confer functions
8(1) Part 2 regulations may include provision conferring functions on one ormore persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Part).
(2) Part 2 regulations may include provision—(a) conferring functions involving the exercise of discretion;(b) for the functions of an enforcement authority to be exercised on its
behalf by persons authorised in accordance with the regulations.
(3) Part 2 regulations may include provision requiring an enforcement
authority to issue guidance about the exercise of its functions.

20

25

Monitoring compliance
9Part 2 regulations may include provision conferring on an enforcement
authority the function of monitoring compliance with requirements
imposed by Part 1 regulations (which may include the function of testing or
assessing products).

30

Records and information
10

Part 2 regulations may include provision—(a) requiring persons on whom requirements are imposed by Part 1
regulations to keep records;(b) requiring persons on whom requirements are imposed by Part 1
regulations to provide records or other information to an
enforcement authority;(c) requiring an enforcement authority to make reports or provide
information to the relevant national authority.

35

Environment Bill
Schedule 7 — Resource efficiency requirements
Part 2 — Enforcement

189

Powers of entry etc
11(1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.
(2) Part 2 regulations may include provision—(a) for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;(b) about applications for, and the execution of, warrants.
(3) Part 2 regulations must secure that the authority of a warrant is required forthe exercise of any powers conferred by the regulations to—(a) enter premises by force;(b) enter a private dwelling without the consent of the occupier;(c) search and seize material.

5

10

Sanctions
12(1) Part 2 regulations may include provision—(a) for, about or connected with the imposition of civil sanctions in
respect of—(i) failures to comply with Part 1 regulations or Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) for appeals against such sanctions.
(2) Part 2 regulations may include provision—(a) creating criminal offences punishable with a fine in respect of—(i) failures to comply with civil sanctions imposed under Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) about such offences.
(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement andSanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).
(4) Part 2 regulations may include provision for the imposition of sanctions ofthat kind whether or not—(a) the conduct in respect of which the sanction is imposed constitutes
an offence,(b) the enforcement authority is a regulator for the purposes of Part 3 of
the Regulatory Enforcement and Sanctions Act 2008, or(c) the relevant national authority may make provision for theimposition of sanctions under that Part.

Costs
13

Part 2 regulations may include provision—

15

20

25

30

35

40

190

Environment Bill
Schedule 7 — Resource efficiency requirements
Part 2 — Enforcement

(a)
(b)

requiring persons on whom requirements are imposed by Part 1
regulations to pay costs incurred by an enforcement authority inperforming its functions;authorising a court or tribunal dealing with any matter under Part 1
regulations or Part 2 regulations to award to an enforcement
authority costs incurred by it in performing its functions under the
regulations in relation to that matter.

5

Consultation requirement
14(1) Before making Part 2 regulations the relevant national authority must
consult any persons the authority considers appropriate.

10(2) The requirement in sub-paragraph (1) may be met by consultation carriedout before this paragraph comes into force.

SCHEDULE 8

Section 55

DEPOSIT SCHEMESPower to establish deposit schemes
1(1) The relevant national authority may by regulations establish deposit
schemes for any of the following purposes—(a) sustaining, promoting or securing an increase in the recycling orreuse of materials;(b) reducing the incidence of littering or fly-tipping.
(2) A deposit scheme is a scheme under which—(a) a person supplied with a deposit item by a scheme supplier pays the
supplier an amount (a “deposit”), and(b) a person who provides a deposit item to a scheme collector is entitledto be paid an amount (a “refund”) in respect of that item by thecollector.

15

20

25

(3) A “deposit item” is a specified item that is supplied—(a) by way of sale, or(b) in connection with the supply of goods or services.
(4) A deposit scheme may make provision about the circumstances in which a
deposit or refund is to be paid in respect of a deposit item.
(5) A person may be specified—(a) as a scheme supplier if the person is a supplier or producer of deposit
items;(b) as a scheme collector if the person is a supplier or producer of deposit
items or is a scheme administrator (see paragraph 4).
(6) A deposit scheme may provide that the amount of the deposit or refund inrespect of a deposit item is—(a) an amount specified,(b) an amount determined and published by the relevant national
authority in accordance with the scheme, or

30

35

40

Environment Bill
Schedule 8 — Deposit schemes

(c)

191

an amount determined by a scheme administrator in accordancewith the scheme.

(7) In this paragraph “specified” means specified or described in a deposit
scheme.
Scheme suppliers
2(1) A deposit scheme may impose requirements on a scheme supplier inconnection with the scheme, including requirements—(a) to take steps to ensure deposits are paid in respect of deposit items
in accordance with the scheme (which may include a requirement toinclude the amount of the deposit in the sale price of the item, or in
the price of goods or services the item was supplied in connectionwith);(b) as to the marking of deposit items to identify them as such;(c) as to the retention of deposits;(d) to pay amounts received as deposits to other scheme suppliers,
scheme collectors or to a scheme administrator;(e) in connection with securing that a specified proportion of deposit
items supplied by scheme suppliers, or by individual scheme
suppliers, are returned to scheme collectors;(f) to keep records in connection with the scheme;(g) to provide those records or other information in connection with thescheme to a scheme administrator.

5

10

15

20

(2) A deposit scheme may impose different requirements on different scheme
suppliers.
(3) In this paragraph “specified” means specified in a deposit scheme.

25

Scheme collectors
3(1) A deposit scheme may impose requirements on a scheme collector inconnection with the scheme, including requirements—(a) to pay a person who provides a deposit item a refund in accordancewith the scheme;(b) to pay a person who provides a deposit item under another deposit
scheme an amount determined in accordance with the scheme (andthe scheme may provide for that amount to be determined byreference to the other deposit scheme);(c) to pay a person who provides articles or packaging that are thesubject of a Scottish deposit and return scheme an amountdetermined in accordance with the scheme (and the scheme may
provide for that amount to be determined by reference to the Scottish
deposit and return scheme);(d) to recycle, re-use, or arrange or facilitate the recycling or re-use of
any item provided to them in accordance with the scheme (which
may include articles or packaging that are the subject of a Scottish
deposit and return scheme);(e) to otherwise dispose of such items in accordance with the scheme;(f) where a scheme collector receives any payment in connection withthe recycling or disposal of such an item, to retain that amount or to
pay it, or a part of it, to a scheme administrator;

30

35

40

45

192

Environment Bill
Schedule 8 — Deposit schemes

(g)
(h)
(i)
(j)
(k)

as to the retention of any amounts received from scheme suppliers,
other scheme collectors or a scheme administrator;
to pay such amounts received to scheme suppliers, other scheme
collectors or a scheme administrator;
in connection with securing that a specified proportion of deposit
items supplied by scheme suppliers, or by individual scheme
suppliers, are returned to scheme collectors;
to keep records in connection with the scheme;to provide those records or other information in connection with thescheme to a scheme administrator.

510(2) A deposit scheme may impose different requirements on different scheme
collectors.
(3) In this paragraph “specified” means specified in a deposit scheme.
Deposit scheme administrators
4(1) A person may be appointed as a scheme administrator of a deposit schemeby, or in accordance with, that scheme.
(2) A deposit scheme may confer functions (including functions involving theexercise of discretion) on a scheme administrator, including—(a) any requirement that could be imposed on a scheme collector by
virtue of paragraph 3(1)(a) to (e);(b) functions relating to the registration of scheme suppliers and scheme
collectors;(c) a power to charge fees for registration (the amounts of which may besuch as to recover the costs referred to in paragraphs (d) and (e));(d) a power to use such fees to meet the costs of exercising its functions
under, or in connection with, the scheme;(e) requirements to pay such fees to persons exercising functions
conferred by virtue of paragraph 5 for the purpose of meeting thecosts of the exercise of those functions;(f) a power to give general or specific directions to scheme suppliers
and scheme collectors as to the matters mentioned in paragraph 2(1)and 3(1);(g) a power to make payments to scheme collectors to reimburse themin respect of the payment of refunds or payments made by virtue ofa requirement under paragraph 3(1)(a), (b) or (c);(h) a power to make payments to another scheme administrator of thedeposit scheme;(i) a power to make payments to a scheme administrator of anotherdeposit scheme in connection with the operation of the scheme, or
the operation of the other scheme;(j) a power to make payments to a Scottish deposit administrator inconnection with the operation of the scheme, or the operation of theScottish deposit and return scheme in relation to which the Scottish
deposit administrator is exercising functions;(k) requirements to retain amounts received by it under or by virtue ofthe scheme;

15

20

25

30

35

40

45

Environment Bill
Schedule 8 — Deposit schemes

(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)

193

a power to use such amounts, or to pay such amounts to anotherperson, for purposes connected with the scheme, or other deposit
schemes;a power to use such amounts for purposes connected with theprotection of the environment;
requirements to pay such amounts to the relevant national authority;
functions relating to securing compliance by scheme suppliers andscheme collectors with their obligations under the scheme;
requirements in connection with securing that a specified proportionof deposit items supplied by scheme suppliers, or by individual
scheme suppliers, are returned to scheme collectors;
requirements to keep records in connection with the scheme;
requirements to provide any such records or other information inconnection with the scheme to the relevant national authority;
requirements as to the exercise of the administrator’s functions.

5

10

15

(3) Where there is more than one scheme administrator, a deposit scheme may
confer different functions on different scheme administrators.
(4) A deposit scheme may confer a power on the relevant national authority togive directions to a scheme administrator of the scheme as to the exercise of
the administrator’s functions under the scheme.

20(5) In this paragraph “specified” means specified in a deposit scheme.
Enforcement
5(1) The relevant national authority may by regulations make provision about
the enforcement of requirements under deposit schemes.
(2) The provision that may be made under sub-paragraph (1) includes
provision—(a) conferring functions (including functions involving the exercise of
discretion) in connection with the enforcement of requirements
under deposit schemes on specified persons (which may include
scheme administrators);(b) for such functions of such a person to be exercised on the person’sbehalf by persons authorised in accordance with the regulations;(c) requiring scheme suppliers, scheme collectors or scheme
administrators to provide records and other information relating todeposit schemes to specified persons;(d) for, about or connected with the imposition of civil sanctions in
respect of failures to comply with relevant requirements, or the
obstruction of or failure to assist a person having functions inconnection with the enforcement of relevant requirements;(e) for appeals against such sanctions;(f) creating criminal offences punishable with a fine in respect offailures to comply with civil sanctions, or the obstruction of or failure
to assist a person having functions in connection with theenforcement of relevant requirements;(g) about such offences.
(3) For the purposes of this paragraph “civil sanction” means a sanction of akind for which provision may be made under Part 3 of the Regulatory

25

30

35

40

45

194

Environment Bill
Schedule 8 — Deposit schemes

Enforcement and Sanctions Act 2008 (fixed monetary penalties,
discretionary requirements, stop notices and enforcement undertakings).
(4) Regulations under sub-paragraph (1) may include provision for theimposition of sanctions of that kind whether or not—(a) the conduct in respect of which the sanction is imposed constitutes
an offence,(b) the person imposing them is a regulator for the purposes of Part 3 of
the Regulatory Enforcement and Sanctions Act 2008, or(c) the relevant national authority may make provision for theimposition of sanctions under that Part.

10(5) In this paragraph—“relevant requirement” means any requirement imposed by or under adeposit scheme or regulations under sub-paragraph (1);“specified” means specified in, or determined in accordance with,regulations under sub-paragraph (1).

15

5Interpretation
6

In this Schedule—“deposit” has the meaning it has in paragraph 1(2)(a);“deposit item” has the meaning it has in paragraph 1(3);“deposit scheme” has the meaning it has in paragraph 1(2);“refund” has the meaning it has in paragraph 1(2)(b);“scheme administrator”, in relation to a deposit scheme, means aperson appointed as a scheme administrator of the scheme;“scheme supplier” or “scheme collector” means a person specified assuch (see paragraph 1(5));“Scottish deposit administrator” means a person exercising thefunctions of a scheme administrator in relation to a Scottish deposit
and return scheme;“Scottish deposit and return scheme” means a deposit and returnscheme under section 84 of the Climate Change (Scotland) Act 2009
(asp 12).

SCHEDULE 9

20

25

30

Section 56

CHARGES FOR SINGLE USE PLASTIC ITEMSGeneral power
1(1) The relevant national authority may by regulations make provision aboutcharging by sellers of goods or services for items specified in the regulations.
(2) The regulations may specify only items which—(a) are single use items,(b) are made of plastic or any other single use material, and(c) are supplied in connection with goods or services.
(3) A “single use item” is a manufactured item which is likely to be used only
once, or used only for a short period of time, before being disposed of.

35

40

Environment Bill
Schedule 9 — Charges for single use plastic items

195(4) An item is supplied in connection with goods or services if it is supplied—(a) at the place the goods or services are sold or provided, for the
purpose of enabling the goods to be taken away, used or consumed,or enabling the services to be received, or(b) for the purpose of enabling goods to be delivered.

5(5) In particular, a container or other packaging into which goods are placed at
the point of sale is supplied in connection with goods.
Requirement to charge
2

The regulations may make provision requiring sellers of goods or services tocharge for items specified in the regulations.

10

Sellers of goods and services
3(1) “Seller”, in relation to goods or services, has the meaning given by theregulations.
(2) The regulations may define that term by reference (in particular) to—(a) a person’s involvement in selling the goods or services,(b) a person’s interest in goods or services, or(c) a person’s interest in the place at or from which the goods or services
are sold or provided,or any combination of those factors.
(3) The regulations may make provision for the regulations to apply—(a) to all sellers of goods or services, or(b) to sellers of goods or services identified by reference to factors
specified in the regulations.
(4) The factors which may be specified in the regulations include—(a) the place or places at or from which a seller supplies goods orservices,(b) the type of goods or services that a seller supplies,(c) the value of goods or services that a seller supplies, and(d) a seller’s turnover or any part of that turnover.

Amount of charge
4

15

20

25

30

The regulations may specify the minimum amount that a seller must charge
for an item specified in the regulations, or provide for that amount to be
determined in accordance with the regulations.

Administration
5(1) The regulations may appoint a person (an “administrator”) to administer
provision made by the regulations.
(2) More than one person may be appointed as an administrator.
(3) The regulations may confer functions on an administrator (including
functions involving the exercise of discretion).

35

196

Environment Bill
Schedule 9 — Charges for single use plastic items(4) References in this Schedule to an administrator include a person appointed
by an administrator or exercising functions on an administrator’s behalf.
Registration
6(1) The regulations may require sellers to register with an administrator.
(2) The regulations may make provision—(a) about applications for registration;(b) about the period for which registration has effect;(c) about the cancellation of registration.
(3) The regulations may require sellers to pay to the administrator, inconnection with their registration, fees of an amount determined by or inaccordance with the regulations.

510(4) The regulations may provide for the amount of the fees to be such as torecover the costs incurred by the administrator in performing its functions
under the regulations.
Record-keeping and publication of records
715(1) The regulations may require records to be kept relating to charges made foritems specified in the regulations.
(2) The regulations may require the records, or such other information as may
be specified—(a) to be published at such times and in such manner as may be
specified;(b) to be supplied on request and in such manner as may be specified
to—(i) the relevant national authority,(ii) an administrator, or(iii) members of the public.

2025(3) The regulations may (in particular) require the publication or supply ofrecords or information relating to any of the following—(a) the amount received by a seller by way of charges for items specified
in the regulations;(b) the seller’s gross or net proceeds of the charge;(c) the uses to which the net proceeds of the charge have been put.

30(4) In this paragraph—“gross proceeds of the charge” means the amount received by the seller
by way of charges for items specified in the regulations;“net proceeds of the charge” means the seller’s gross proceeds of thecharge reduced by such amount as may be specified.

35

Enforcement
8(1) The regulations may confer functions on an administrator to enforce
provision made by the regulations.
(2) The regulations may (in particular) confer powers on an administrator to—

40

197

Environment Bill
Schedule 9 — Charges for single use plastic items

(a)
(b)

require the production of documents or the provision of information,orquestion a seller or officers or employees of a seller.

(3) Regulation under sub-paragraph (2) must contain provision for ensuringthat the power in question is exercised by a person only where the person
reasonably believes there has been a failure to comply with a requirement ofregulations under this Schedule.

5

Civil sanctions
9(1) The regulations may make provision for, about or connected with theimposition of civil sanctions in respect of failures to comply with theregulations, or the obstruction of or failure to assist a person on whomfunctions are conferred by the regulations.

10(2) The regulations may make provision for appeals against such sanctions.
(3) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement andSanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).
(4) The regulations may include provision for the imposition of sanctions of thatkind whether or not—(a) the conduct in respect of which the sanction is imposed constitutes
an offence,(b) the enforcement authority is a regulator for the purposes of Part 3 of
the Regulatory Enforcement and Sanctions Act 2008, or(c) the relevant national authority may make provision for theimposition of sanctions under that Part.

SCHEDULE 10

15

20

25

Section 67

ENFORCEMENT POWERSPowers to search and seize vehicles in connection with waste offences
1

In section 5(6) of the Control of Pollution (Amendment) Act 1989
(constable’s power to seize vehicles and contents)—(a) in paragraph (b) after “presence of” insert “or at the request of”;(b) in paragraph (c) for “without such an officer present” substitute “inany other case”.

2

In section 34B(6) of the Environmental Protection Act 1990 (constable’s
power to seize vehicles and contents)—(a) in paragraph (b) after “presence of” insert “or at the request of”;(b) in paragraph (c) for “without such an officer present” substitute “inany other case”.

30

35

198

Environment Bill
Schedule 10 — Enforcement powers

Powers of direction in relation to waste
3(1) Section 57 of the Environmental Protection Act 1990 (power to give
directions) is amended as follows.
(2) In subsection (2) omit the words from “with a view” to the end.
(3) After subsection (2) insert—“(2A)

The appropriate Minister may, by notice in writing—(a) direct a registered waste carrier to collect waste which is
being kept on specified land and deliver it to a specified
person on specified terms;(b) direct any person who—(i) is keeping waste on any land, or(ii) owns or occupies land on which waste is being kept,
to facilitate collection of the waste by a specified registered
waste carrier to whom a direction in respect of the waste isgiven under paragraph (a).”

5

10

15

(4) In subsection (4), for “of treating or disposing of” substitute “in relation to”.
(5) After subsection (4) insert—“(4A)

A direction under subsection (2A)(b) may require the person towhom it is given—(a) to pay to the specified registered waste carrier the reasonable
costs of collecting and delivering the waste;(b) to pay to the specified person to whom the waste is delivered(“P”) the reasonable costs incurred by P in relation to thewaste (including any costs P is required by a direction under
this section to pay to another person).”20

25(6) In subsection (7) for the words from “, where” to the end substitute “pay any
costs mentioned in subsection (4).”(7) After subsection (7) insert—“(7A)

The appropriate Minister may pay any costs mentioned insubsection (4A).”(8) In subsection (8), before the definition of “specified” insert—““appropriate Minister” means—(a) the Secretary of State, in relation to waste being kept
on land in England, and(b) the Welsh Ministers, in relation to waste being kept
on land in Wales;“registered waste carrier” means a person registered under theControl of Pollution (Amendment) Act 1989 as a carrier ofcontrolled waste;”.
Powers of entry in relation to pollution control etc
45

The Environment Act 1995 is amended as follows.
(1) Section 108 (powers of enforcing authorities and their authorised officers) is
amended as follows.

30

35

40

Environment Bill
Schedule 10 — Enforcement powers

199(2) In subsection (4), after paragraph (k) insert—“(ka) as regards any premises which an English or Welsh
authorised person has power to enter by virtue of paragraph(a), for the purposes of an examination or investigation underparagraph (c)—(i) to search the premises;(ii) to seize and remove documents or anything elsefound on the premises (other than an article orsubstance within paragraph (g));(iii) to require any information which is stored inelectronic form and is accessible from the premises tobe produced in a form in which it can be removed
and—(a) in which it is visible and legible, or(b) from which it can readily be produced in avisible and legible form;(iv) to operate any equipment found on the premises forthe purposes of producing such information in such aform;”.

10(3) In subsection (6), omit paragraph (a).

20

5

15

(4) After subsection (7) insert—
“(7A)

(7B)

(7C)

(7D)

An English or Welsh authorised person may not exercise the powers
in subsection (4)(ka) without—(a) the consent of a person entitled to grant access to material onor accessible from the premises, or(b) the authority of a warrant by virtue of Schedule 18 to this Act.
This is subject to subsections (7B) and (7C).
An English or Welsh authorised person may exercise a power insubsection (4)(ka)(ii) to (ka)(iv) in relation to a thing without consent
or the authority of a warrant if the person has reasonable grounds forbelieving that—(a) it is evidence of a failure to comply with any provision of thepollution control enactments or flood risk activity
enactments, and(b) exercising the power is necessary to prevent it being
concealed, lost, altered or destroyed.
Subsection (7A) does not require consent or the authority of awarrant for doing something within the powers in subsection (4)(ka)if, and so far as, it may be done without them in exercise of anotherpower conferred by subsection (4).
Where anything seized or removed from premises under subsection(4)(ka) contains protected material, that material—(a) may not be used for the purposes of an examination or
investigation under subsection (4)(c), and(b) must be returned to the premises from which it was removed,or to the person who had possession or control of it
immediately before it was removed, as soon as reasonably
practicable after it is identified as protected material.

25

30

35

40

45

200

Environment Bill
Schedule 10 — Enforcement powers(7E)

Subsection (7D) does not prevent any part of a thing containing
protected material which is not protected material being used for the
purposes of an examination or investigation, retained or copied.

(7F)“Protected material” means—(a) material subject to legal professional privilege,(b) excluded material within the meaning of section 11 of the
Police and Criminal Evidence Act 1984, or(c) journalistic material, within the meaning of section 13 of that
Act, which is not excluded material.”(5) After subsection (12) insert—“(12A)

10

Subject to subsection (7D), anything seized or removed undersubsection (4)(ka) may be retained for so long as is necessary in all
the circumstances.”(6) In subsection (15)—(a) after the definition of “authorised person” insert—““document” includes anything in which information ofany description is recorded (by any means) and any
part of such a thing;”;(b) after the definition of “enforcing authority” insert—““English or Welsh authorised person” means a person
authorised under subsection (1) or (2) by the Secretaryof State, the Welsh Ministers, the Agency, the Natural
Resources Body for Wales, a waste collection
authority or a local enforcing authority in England or
Wales;”;(c) in the definition of “pollution control functions” in relation to a waste
collection authority, in paragraph (a) after “46” insert “to 46D”.
6

5

15

20

25

(1) Schedule 18 (supplemental provision about powers of entry) is amended asfollows.
(2) In paragraph 2—(a) after sub-paragraph (2) insert—“(2A) A justice of the peace may by warrant authorise an English
or Welsh authorised person, designated for the purpose by
the person who authorised them, to exercise the powers in
section 108(4)(ka) in accordance with the warrant and, ifneed be, by force.

(b)(2B) The justice may do so only if satisfied that there arereasonable grounds for believing that—(a) there is material on or accessible from the premises
in question which is likely to be of substantial value(by itself or together with other material) to an
examination or investigation under section
108(4)(c), and(b) it is impracticable to communicate with a person
entitled to grant access to it, or access to it isunlikely to be granted unless a warrant is
produced.”;omit sub-paragraph (3).

30

35

40

45

201

Environment Bill
Schedule 10 — Enforcement powers(3) In paragraph 3 after “shall” insert “, if so required,”.

SCHEDULE 11

Section 73

LOCAL AIR QUALITY MANAGEMENT FRAMEWORK
1
2The Environment Act 1995 is amended as follows.
(1) Section 80 (national air quality strategy) is amended as follows.

5(2) Omit subsection (3).
(3) After subsection (4) insert—
“(4A)

3

The strategy must be reviewed, and if appropriate modified—(a) within the period of 12 months beginning with the day on
which this subsection comes into force, and(b) within each period of 5 years beginning with the day on
which the person carrying out the review completed theirmost recent review under this subsection.”

After that section insert—“80A Duty to report on air quality in England
As soon as reasonably practicable after the end of each financial year,
beginning with the financial year in which this section comes into
force, the Secretary of State must lay a statement before Parliamentthat sets out—(a) the Secretary of State’s assessment of the progress made inmeeting air quality objectives, and air quality standards, in
relation to England, and(b) the steps the Secretary of State has taken in that year in
support of the meeting of those objectives and standards.”

4

10

After section 81 insert—

15

20

25

“81A Functions of relevant public authorities etc(1)

The following persons must have regard to the strategy when
exercising any function of a public nature that could affect thequality of air—(a) relevant public authorities;(b) local authorities in England;(c) county councils for areas in England for which there are
district councils.

30

(2)

In this Part, “relevant public authority” means a person designatedin accordance with subsection (3) as a relevant public authority inrelation to an area in England.

35

(3)

The Secretary of State may by regulations designate a person as arelevant public authority in relation to an area in England if theperson’s functions include functions of a public nature in relation tothat area.

40

202

Environment Bill
Schedule 11 — Local air quality management framework(4)5

Before making regulations under subsection (3) the Secretary of State
must consult—(a) the person that is proposed to be designated, and(b) such other persons as the Secretary of State considers
appropriate.

(5)

The requirement in subsection (4) may be met by consultation
carried out before this section comes into force.

(6)

For the purposes of subsections (2) and (3), reference to Englandincludes the territorial sea adjacent to England, which for thispurpose does not include—(a) any part of the territorial sea which is adjacent to Wales forthe purposes of the Government of Wales Act 2006 (seesection 158 of that Act), or(b) any part of the territorial sea which is adjacent to Scotland forthe purposes of the Scotland Act 1998 (see section 126 of thatAct).”

510

15(1) Section 82 (local authority reviews) is amended as follows.
(2) In subsection (3)—(a) for “If” substitute “This subsection applies to a local authority
where”;(b) omit the words from “, the local authority shall” to the end.

20(3) After subsection (3) insert—
“(4)

(5)

(6)

Where subsection (3) applies to a local authority, it must identify any
parts of its area in which it appears that air quality standards orobjectives are not likely to be achieved within the relevant period.
Where subsection (3) applies to a local authority in England, it must
also—(a) identify relevant sources of emissions that it considers are, orwill be, responsible (in whole or in part) for any failure toachieve air quality standards or objectives in its area,(b) in the case of a relevant source within the area of aneighbouring authority, identify that authority, and(c) in the case of a relevant source within an area in relation towhich a relevant public authority or the Agency has
functions of a public nature, identify that person in relation tothat source.
For the purposes of subsection (5), a source is “relevant” if—(a) it is within the area of the local authority,(b) it is within the area of a neighbouring authority in England,or(c) it is within an area in relation to which a relevant publicauthority or the Agency has functions of a public nature andthe local authority considers that the exercise of thosefunctions is relevant to the source of the emissions.”

25

30

35

40

Environment Bill
Schedule 11 — Local air quality management framework

6203

After section 83 insert—“83A Duties of English local authorities in relation to designated areas(1)

This section applies in relation to a local authority in England.

(2)

A local authority must, for the purpose of securing that air quality
standards and objectives are achieved in an air quality management
area designated by that authority, prepare an action plan in relation
to that area.

(3)

An action plan is a written plan that sets out how the local authority
will exercise its functions in order to secure that air quality standards
and objectives are achieved in the area to which the plan relates.

10

(4)

An action plan must also set out how the local authority will exercise
its functions to secure that air quality standards and objectives aremaintained after they have been achieved in the area to which theplan relates.

(5)

An action plan must set out particular measures the local authority
will take to secure the achievement, and maintenance, of air quality
standards and objectives in the area to which the plan relates, andmust in relation to each measure specify a date by which it will be
carried out.

15

(6)

A local authority may revise an action plan at any time, and must
revise an action plan if it considers that there is a need for further ordifferent measures to be taken to secure that air quality standards
and objectives are achieved or maintained in the area to which theplan relates.

20

(7)

Subsections (8) to (10) apply where a district council in an area forwhich there is a county council is preparing an action plan, or arevision of an action plan.

25

(8)

Where the county council disagrees with the contents of the
proposed plan, or the proposed revision of a plan, a referral of thematter may be made to the Secretary of State by—(a) the county council;(b) the district council preparing the plan or revision.

(9)

(10)

7

5

30

The Secretary of State may, on a reference made under subsection (8),confirm (with or without modifications) or reject the proposed action
plan, or revision of an action plan.

35

Where a reference has been made under subsection (8), the district
council may not finally determine the proposed action plan orrevision of an action plan, except in accordance with the decision of
the Secretary of State on the reference or in pursuance of a direction
made by the Secretary of State under section 85.”40(1) Section 84 (duties of local authorities in relation to designated areas) is
amended as follows.
(2) In the heading, after “of” insert “Scottish and Welsh”.

204

Environment Bill
Schedule 11 — Local air quality management framework(3) Before subsection (2) insert—“(1A)

This section applies in relation to a local authority in Scotland or
Wales.”(4) Omit subsection (5).
8After section 85 insert—

5“85A Duty of air quality partners to co-operate

85B

(1)

For the purposes of this Part, an “air quality partner” of a local
authority means a person identified by that authority in accordancewith section 82(5)(b) or (c).

(2)

An air quality partner of a local authority must provide the authority
with such assistance in connection with the carrying out of any of theauthority’s functions under this Part as the authority requests.

(3)

An air quality partner may refuse a request under subsection (2) tothe extent it considers the request unreasonable.

Role of air quality partners in relation to action plans(1)

Where a local authority in England intends to prepare an action plan
it must notify each of its air quality partners that it intends to do so.

(2)

Where an air quality partner of a local authority has been given a
notification under subsection (1) it must, before the end of therelevant period, provide the authority with proposals for particularmeasures the partner will take to contribute to the achievement, andmaintenance, of air quality standards and objectives in the area towhich the plan relates.

(3)

An air quality partner that provides proposals under subsection (2)must—(a) in those proposals, specify a date for each particular measureby which it will be carried out, and(b) as far as is reasonably practicable, carry out those measuresby those dates.

(4)

An action plan prepared by a local authority in England must set out
any proposals provided to it by its air quality partners undersubsection (2) (including the dates specified by those partners by
virtue of subsection (3)(a)).

(5)

The Secretary of State may direct an air quality partner to makefurther proposals under subsection (2) by a date specified in the
direction where the Secretary of State considers the proposals madeby the partner under that subsection are insufficient or otherwise
inappropriate.

(6)

A direction under subsection (5) may make provision about theextent to which the further proposals are to supplement or replace
any other proposals made under subsection (2) by the air quality
partner.

(7)

An air quality partner must comply with any direction given to it
under this section.”

10

15

20

25

30

35

40

Environment Bill
Schedule 11 — Local air quality management framework

9205(1) Section 86 (functions of county councils for areas for which there are district
councils) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2), for the words before paragraph (a) substitute “A county
council for an area in England for which there are district councils may makerecommendations to any of those district councils with respect to thecarrying out of—”.

5(4) After subsection (2) insert—“(2A)

Where a district council of a district in England for which there is acounty council intends to prepare an action plan it must notify thecounty council that it intends to do so.”10(5) For subsections (3) to (5) substitute—“(3)

Where a county council has been given a notification by a district
council under subsection (2A) it must, before the end of the relevant
period, provide the district council with proposals for particularmeasures the county council will take to contribute to theachievement, and maintenance, of air quality standards andobjectives in the area to which the plan relates.

(4)

A county council that provides proposals under subsection (3)must—(a) in those proposals, specify a date for each particular measureby which it will be carried out, and(b) as far as is reasonably practicable, carry out those measuresby those dates.

(5)

An action plan prepared by a district council of a district in Englandfor which there is a county council must set out any proposals
provided to it by the county council under subsection (3) (including
the dates specified by the county council by virtue of subsection(4)(a)).”

25(6) In subsection (6), in paragraph (a), after “district council” insert “of a districtin England for which there is a county council”.

30(7) In subsection (7)—(a) in paragraph (a), omit the words from “above or” to the end;(b) in paragraph (b)—(i) omit “or statement”;(ii) omit “or (4) above”;(c) in paragraph (c)—(i) omit “or statement”;(ii) omit “or (4) above”.
10

15

For section 86A substitute—“86A Role of the Mayor of London in relation to action plans(1)

Where a local authority in London intends to prepare an action plan
it must notify the Mayor of London (referred to in this section as “theMayor”).

20

35

40

206

Environment Bill
Schedule 11 — Local air quality management framework

(2)

(3)

(4)

86B

Where the Mayor provides proposals under subsection (2), theMayor must—(a) in those proposals, specify a date for each particular measureby which it will be carried out, and(b) as far as is reasonably practicable, carry out those measuresby those dates.
An action plan prepared by a local authority in London must set out
any proposals provided to it by the Mayor under subsection (2)(including the dates specified by the Mayor by virtue of subsection(3)(a)).

5

10

15

Role of combined authorities in relation to action plans(1)

Where a local authority in the area of a combined authority intends
to prepare an action plan it must notify the combined authority.

(2)

Where a combined authority has been given a notification undersubsection (1) by a local authority, the combined authority must,
before the end of the relevant period, provide the local authority
with proposals for particular measures the combined authority willtake to contribute to the achievement, and maintenance, of air
quality standards and objectives in the area to which the plan relates.

(3)

(4)

(5)

11

Where the Mayor has been given a notification under subsection (1)by a local authority in London the Mayor must, before the end of therelevant period, provide the authority with proposals for particularmeasures the Mayor will take to contribute to the achievement, andmaintenance, of air quality standards and objectives in the area towhich the plan relates.

Where a combined authority provides proposals under subsection(2), the combined authority must—(a) in those proposals, specify a date for each particular measureby which it will be carried out, and(b) as far as is reasonably practicable, carry out those measuresby those dates.
An action plan prepared by a local authority in the area of a
combined authority must set out any proposals provided to it undersubsection (2) (including the dates specified by virtue of subsection(3)(a)).

20

25

30

35

In this section “combined authority” has the meaning it has in Part 6of the Local Democracy, Economic Development and Construction
Act 2009 (see section 120 of that Act).”(1) Section 87 (regulations) is amended as follows.
(2) In subsection (2)—(a) in paragraph (c), after “authorities” insert “, relevant county councils,
relevant public authorities or the Agency”;(b) in paragraph (j), after “otherwise)” insert “, relevant county councils,
relevant public authorities, the Agency”;(c) in paragraph (l), after “authorities” insert “, relevant county councils,
relevant public authorities or the Agency”;(d) in paragraph (m)—

40

45

207

Environment Bill
Schedule 11 — Local air quality management framework

(i)
(ii)

after “local authority” insert “, a relevant county council, a
relevant public authority or the Agency”;
after “the authority”, in both places it occurs, insert “, council
or Agency”.

(3) After that subsection insert—
“(2A)

5

In subsection (2) “relevant county council” means a county council
for an area in England for which there are district councils.”

12

In section 88, in subsection (3), after “district councils” insert “, relevantpublic authorities and the Agency”.

13

In section 91 (interpretation), in subsection (1)—(a) for the definition of “action plan” substitute—““action plan” is to be construed—(a) in relation to England, in accordance withsection 83A;(b) otherwise, in accordance with section 84(2);”;(b) at the appropriate places insert—““air quality partner” has the meaning given by section
85A(1);”;““neighbouring authority”, in relation to a local
authority (“the principal authority”), means anotherlocal authority whose area is contiguous with the areaof the principal authority;”;““relevant public authority” has the meaning given by
section 81A(2);”.

10

In Schedule 11 (air quality: supplemental provisions), in paragraph 1(2), forparagraph (d) substitute—“(d) every neighbouring authority;”.

25

14

SCHEDULE 12

15

20

Section 74

SMOKE CONTROL IN ENGLAND AND WALESPART 130

PRINCIPAL AMENDMENTS TO THE CLEAN AIR ACT 1993: ENGLAND
1

The Clean Air Act 1993 is amended as follows.

2

After section 19 insert—“Regulation of smoke and fuel in smoke control areas in England
19A Penalty for emission of smoke in smoke control area in England
Schedule 1A makes provision for financial penalties in relation to theemission of smoke in smoke control areas in England.”

35

208

3

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 1 — Principal amendments to the Clean Air Act 1993: England

After Schedule 1 insert—“SCHEDULE 1A
PENALTY FOR EMISSION OF SMOKE IN SMOKE CONTROL AREA IN ENGLAND
Key definitions
1

In this Schedule—“relevant chimney” means—(a) a chimney of a building to which a smoke control
order in England applies, or(b) a chimney which serves the furnace of any fixedboiler or industrial plant to which a smoke control
order in England applies;“person liable”, in relation to a relevant chimney, means—(a) if the chimney is the chimney of a building, theoccupier of the building, or(b) if the chimney serves the furnace of any fixed boiler orindustrial plant, the person having possession of theboiler or plant.

5

10

15

Notice of intent
2(1) This paragraph applies where a local authority is satisfied, on thebalance of probabilities, that on a particular occasion smoke has
been emitted from a relevant chimney within a smoke control area
declared by that authority.

20(2) The local authority may give to the person liable a notice under
this paragraph (a “notice of intent”).
(3) A notice of intent must—(a) inform the person that the local authority is satisfied as
specified in sub-paragraph (1),(b) specify the occasion referred to in sub-paragraph (1),(c) inform the person that the local authority proposes toimpose a financial penalty under this Schedule (including
the proposed amount of the penalty), and(d) give details regarding the person’s right to object to theimposition of a financial penalty.

25

30

Amount of penalty
3(1) The minimum amount of a financial penalty that may be imposed
under this Schedule is £175.

35(2) The maximum amount of a financial penalty that may be imposed
under this Schedule is £300.
(3) The Secretary of State may by regulations amend sub-paragraph(1) or (2) so as to substitute a different amount for the amountspecified there.

40

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 1 — Principal amendments to the Clean Air Act 1993: England

209(4) Regulations under sub-paragraph (3) may not be made unless a
draft of the regulations has been laid before, and approved byresolution of, each House of Parliament.
Right to object to proposed financial penalty
4(1) A person to whom a notice of intent is given may, within the
period of 28 days beginning with the day after that on which thenotice was given—(a) object in writing to the local authority on a ground
specified in sub-paragraph (2), and(b) provide evidence that supports the objection.
(2) The grounds of objection referred to in sub-paragraph (1) are—(a) that there was no emission of smoke from the chimney on
the occasion specified in the notice of intent;(b) that the chimney was not a chimney to which a smoke
control order applied on the occasion specified in thenotice of intent;(c) that the person to whom the notice of intent was given was
not a person liable in relation to the chimney on theoccasion specified in the notice of intent;(d) that there are other compelling reasons why the financial
penalty should not be imposed.
(3) Where a person objects on the ground specified in sub-paragraph(2)(c), the objection must include the name and address of theperson who was the person liable on the occasion specified in thenotice of intent (if known).

5

10

15

20

25

(4) The Secretary of State may by regulations amend this paragraphso as to amend the grounds of objection listed in sub-paragraph(2).
(5) Before making regulations under sub-paragraph (4) the Secretaryof State must consult anyone that the Secretary of State considers
may have an interest in the proposed regulations.

30(6) Regulations under sub-paragraph (4) may not be made unless a
draft of the regulations has been laid before, and approved byresolution of, each House of Parliament.
Decision regarding a final notice5(1) Where a local authority in England has given a notice of intent toa person, the authority may impose a financial penalty on the
person if the local authority so decides within—(a) the period of 56 days beginning with the day on which an
objection is made under paragraph 4, or(b) if no such objection is made, the period of 56 days
beginning with the day after the day on which the period
mentioned in paragraph 4(1) ended.
(2) If the local authority decides not to impose a financial penalty ona person, or does not decide to impose a financial penalty on the
person within the period specified in sub-paragraph (1), the

35

40

45

210

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 1 — Principal amendments to the Clean Air Act 1993: Englandauthority must give a notice to that person that informs the personthat a financial penalty will not be imposed.
Final notice
6(1) This paragraph applies where a local authority in England decides
to impose a financial penalty on a person who was given a noticeof intent.

5(2) The local authority may impose a financial penalty by a noticegiven to that person (a “final notice”).
(3) A final notice must specify—(a) the amount of the financial penalty,(b) the reasons for imposing the penalty,(c) information about how to pay the penalty,(d) the period for payment of the penalty, and(e) information about rights of appeal.
(4) The final notice must require the financial penalty to be paid
within the period of 28 days beginning with the day after that on
which the notice was given.

10

15

Withdrawal or amendment of notices
7(1) A local authority may at any time—(a) withdraw a notice of intent or a final notice, or(b) reduce the amount of the financial penalty specified in a
final notice.

20(2) The power in sub-paragraph (1) is to be exercised by giving noticeto the person to whom the notice of intent or final notice wasgiven.

25(1) A person on whom a financial penalty is imposed by a final notice
may, within the period of 28 days beginning with the day afterthat on which the notice was given, appeal against the notice to theFirst-tier Tribunal.

30(2) The grounds for an appeal under this paragraph are that thedecision to impose the financial penalty was—(a) based on an error of fact,(b) wrong in law, or(c) unreasonable.

35

Appeals8(3) If a person appeals under this paragraph, the final notice issuspended until the appeal is finally determined or withdrawn.
(4) On an appeal under this paragraph the First-tier Tribunal may—(a) quash the final notice,(b) confirm the final notice,(c) vary the final notice by reducing the amount of thefinancial penalty, or

40Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 1 — Principal amendments to the Clean Air Act 1993: England

(d)

211

remit to the local authority the decision whether to—(i) withdraw or confirm the final notice, or(ii) vary the final notice by reducing the amount of thefinancial penalty.

Recovery of penalties
95

A financial penalty is recoverable as a civil debt due to the local
authority that imposed the penalty.

Delegation
10(1) A local authority may delegate to a person the exercise of any of
the authority’s functions under this Schedule.

10(2) A delegation under this paragraph must be made by giving noticeto the person.
Notices11(1) A notice under this Schedule must be in writing.
(2) A notice under this Schedule may be given to a person by—(a) handing it to the person,(b) leaving it at the person’s address,(c) sending it by post to the person at their address, or(d) with the person’s consent, sending it to themelectronically.

15

20

Notices: vessels which are moored
12(1) This paragraph applies in relation to a vessel which is moored ina smoke control area in England and is subject to the operation ofthis Schedule (see section 44).
(2) If the local authority is unable to give a notice of intent to theoccupier of the vessel who is not the registered owner of thevessel, the local authority may give the notice to the registeredowner of the vessel instead.

425(3) In such a case, the ground for objecting to the proposed financial
penalty mentioned in paragraph 4(2)(c) does not apply.

30(4) Where a notice of intent is given to a person in respect of a vessel,that person may object under paragraph 4 on the further groundthat, on the occasion specified in the notice, the emission of smoke
was solely due to the use of the vessel’s engine to propel the vesselor to provide electric power to the vessel.”

35

After section 19A (as inserted by paragraph 2 above)—“19B Acquisition and sale of controlled solid fuel in England(1)

A person who acquires in England any controlled solid fuel for use
in—(a) a building to which a smoke control order in England applies,

40

212

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 1 — Principal amendments to the Clean Air Act 1993: England

(b)
(c)

a fireplace to which such an order applies, ora fixed boiler or industrial plant to which such an orderapplies,
is guilty of an offence.
(2)

Where a smoke control order in England applies to a moored vessel(see section 44), subsection (1)(a) does not apply in relation to theacquisition of controlled solid fuel for use in the propulsion of thevessel or to provide electric power to the vessel.

(3)

Subsection (1)(b) does not apply where the fireplace was an
approved fireplace at the time of the acquisition.

(4)

A person who—(a) offers controlled solid fuel for sale by retail in England where
the fuel is to be taken away by a purchaser, and(b) fails to take reasonable steps to notify potential purchasersthat it is an offence to acquire that fuel for any of the uses
mentioned in subsection (1),is guilty of an offence.

(5)

(6)

19C

A person who sells any controlled solid fuel by retail in England fordelivery by that person, or on that person’s behalf, to—(a) a building to which a smoke control order in England applies,or(b) premises in which there is any fixed boiler or industrial plant
to which such an order applies,
is guilty of an offence.

5

10

15

20

In proceedings for an offence under subsection (5) it is a defence forthe person accused to prove that the person believed and hadreasonable grounds for believing that—(a) the building referred to in subsection (5)(a) was not one towhich the smoke control order in question applied, or(b) the fuel was acquired for use in—(i) a fireplace that was, at the time of the delivery, anapproved fireplace, or(ii) a boiler or plant to which the smoke control order did
not apply.

25

(7)

A person guilty of an offence under subsection (1) is liable onsummary conviction to a fine not exceeding level 3 on the standard
scale.

35(8)

A person guilty of an offence under subsection (4) or (5) is liable onsummary conviction to a fine.

Exemptions relating to particular areas in England(1)

The Secretary of State may, if it appears to the Secretary of State to benecessary or expedient to do so, by order suspend or relax theoperation of—(a) Schedule 1A (penalty for emission of smoke), or(b) section 19B(1), (4) or (5) (offences relating to acquisition andsale of fuel),in relation to the whole or part of a smoke control area in England.

30

40

45

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 1 — Principal amendments to the Clean Air Act 1993: England

213

(2)

Before making an order under subsection (1) the Secretary of State
must consult the local authority that declared the smoke control area
in question unless satisfied that, on account of urgency, suchconsultation is impracticable.

(3)

As soon as practicable after the making of such an order the local
authority must take such steps as appear to them suitable forbringing the effect of the order to the notice of persons affected.

5

19D Interpretation: “approved fireplace” and “controlled solid fuel”

5(1)

In section 19B, “approved fireplace” means a fireplace of a typespecified in a list published by the Secretary of State.

10

(2)

The Secretary of State may only specify a type of fireplace in the list
if satisfied that such a fireplace can, if used in compliance with any
conditions specified in the list, be used for burning controlled solid
fuel without producing any smoke or a substantial quantity ofsmoke.

15(3)

In section 19B and this section, “controlled solid fuel” means any
solid fuel other than an approved fuel.

(4)

In subsection (3), “approved fuel” means a solid fuel specified in alist which has been published by the Secretary of State for the
purposes of this section.”

20

After section 26 insert—“26A Duty of local authority to reimburse for adaptations of vessels in
England(1)(2)

This section applies where—(a) a local authority in England makes a smoke control order,(b) as a result of the order a vessel will, when the order comes
into operation, be within a smoke control area and subject tothe operation of Schedule 1A,(c) the owner or occupier of the vessel has a right to moor thevessel at a single mooring place within that area for theperiod which—(i) begins on the day on which the smoke control orderis made, and(ii) ends six months after it comes into operation, and(d) the owner or occupier does not have access to a mains
electricity or gas supply at the mooring place.

25

30

35

If—
(a)

before the coming into operation of the order, the owner or
occupier incurs expenditure on adaptations to or inconnection with the vessel to avoid the imposition of apenalty under Schedule 1A,(b) the expenditure is incurred with the approval of the local
authority given for the purpose of this section, and(c) the adaptations are completed to the satisfaction of the local
authority,
the authority must pay to the owner or occupier of the vessel 70% of
the expenditure.

40

45

214

6

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 1 — Principal amendments to the Clean Air Act 1993: England(3)

That amount must be paid in equal instalments every month for aperiod of six months.

(4)

But the duty to pay instalments under this section ceases if, at any
time after the coming into operation of the smoke control order—(a) the owner or occupier of the vessel ceases to have the right tomoor the vessel at the single mooring place mentioned insubsection (1)(c), or(b) the vessel is absent from the smoke control area for a periodof, or periods together totalling, three months.”

After section 28 insert—

5

10“28A Guidance for local authorities in England
A local authority in England must have regard to any guidance published by
the Secretary of State about the exercise of the authority’s functions
under this Part.”
7

In section 44 (vessels), after subsection (2) insert—“(2A)

A smoke control order made under section 18 by a local authority in
England may provide for vessels which are moored in the smoke
control area to be subject to the operation of Schedule 1A.

(2B)

For the purposes of a smoke control order which so provides—(a) any reference in Part 3 and in section 54 to a building is to beread with any necessary modifications as a reference to sucha vessel, but(b) references in sections 24 and 25 to dwellings do not include
such vessels.

(2C)

8

In subsection (2A) the reference to vessels which are mooredincludes a vessel which is unmoored but which is stationary at amooring place in circumstances where it might reasonably bemoored.”In section 56 (rights of entry and inspection etc), for subsection (2)substitute—“(2)

Subsection (1) does not apply in relation to a private dwelling except
in relation to—(a) a private dwelling in relation to which adaptations are
required under section 24(1), or(b) a private dwelling that is a vessel in relation to which there isa duty to make payments under section 26A(3).”

15

20

25

30

35

PART 2PRINCIPAL AMENDMENTS TO THE CLEAN AIR ACT 1993: WALES
910The Clean Air Act 1993 is amended as follows.
(1) Section 20 (prohibition on emission of smoke in smoke control area) is
amended as follows.

40

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 2 — Principal amendments to the Clean Air Act 1993: Wales

215(2) After subsection (5C) insert—“(5D)

In the application of this Part to Wales, “authorised fuel” means afuel included in a list of authorised fuels kept by the Welsh Ministers
for the purposes of this Part.

(5E)

The Welsh Ministers must—(a) publish the list of authorised fuels, and(b) publish a revised copy of the list as soon as is reasonably
practicable after any change is made to it.

(5F)

The list must be published in such manner as the Welsh Ministers
consider appropriate.”

510(3) Omit subsection (6).
11(1) Section 21 (power to exempt certain fireplaces) is amended as follows.
(2) After subsection (4) insert—“(4A)

For the purposes of the application of this Part to Wales, the Welsh
Ministers may exempt any class of fireplace from the provisions ofsection 20 (prohibition of smoke emissions in smoke control area) if
they are satisfied that such fireplaces can be used for burning fuelother than authorised fuels without producing any smoke or asubstantial quantity of smoke.

(4B)

An exemption under subsection (4A) may be made subject to suchconditions as the Welsh Ministers consider appropriate.

(4C)

The Welsh Ministers must—(a) publish a list of those classes of fireplace that are exempt
under subsection (4A) including details of any conditions towhich an exemption is subject;(b) publish a revised copy of the list as soon as is reasonably
practicable after any change is made to the classes of fireplacethat are so exempt or to the conditions to which an exemption
is subject.

(4D)

The list must be published in such manner as the Welsh Ministers
consider appropriate.”

15

20

25

30

(3) Omit subsection (5).
PART 3MINOR AND CONSEQUENTIAL AMENDMENTS
Minor and consequential amendments to the Clean Air Act 1993
12
13

35

The Clean Air Act 1993 is amended as follows.
(1) Section 18 (declaration of smoke control area by local authority) is amended
as follows.
(2) In subsection (2)—(a) in paragraph (b)—(i) after “smoke” insert “in Wales”;

40

216

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 3 — Minor and consequential amendments

(ii)

(b)

before “to” insert “or Schedule 1A (penalty for emission ofsmoke in England)”;in paragraph (c), after “section” insert “or Schedule”.

(3) After subsection (2) insert—
“(2A)

14

For the purposes of this Part a smoke control order in England“applies” to a building, fireplace, fixed boiler or industrial plant if theoperation of Schedule 1A is not excluded in relation to it by virtue ofsubsection (2)(b) or (c).”(1) Section 20 (prohibition on emission of smoke in smoke control area) is
amended as follows.

510(2) In the heading, at the end insert “in Wales”.
(3) In subsections (1) and (2), after “area” insert “in Wales”.
(4) Omit subsections (5ZA) to (5ZC).
(5) If at the time of the coming into force of this paragraph Part 2 of thisSchedule is not in force, in subsection (6)—(a) omit “Except as provided by subsection (5ZA),”;(b) for “Secretary of State” substitute “Welsh Ministers”.
1515(1) Section 21 (power to exempt certain fireplaces) is amended as follows.
(2) In the heading, at the end insert “in Wales”.

16(3) Omit subsections (A1) to (A4).

20(4) If at the time of the coming into force of this paragraph Part 2 of thisSchedule is not in force, in subsection (5)—(a) omit “Except where subsection (A1) applies,”;(b) for “Secretary of State” substitute “Welsh Ministers”;(c) for “he is” substitute “they are”.

25(1) Section 22 (exemptions relating to particular areas) is amended as follows.
(2) In the heading, at the end insert “in Wales”.
(3) In subsection (1)—(a) for “Secretary of State” substitute “Welsh Ministers”;(b) for “him” substitute “them”;(c) after “area”, in both places, insert “in Wales”.

30(4) In subsection (2)—(a) for “Secretary of State” substitute “Welsh Ministers”;(b) for “he is” substitute “they are”.
17(1) Section 23 (acquisition and sale of unauthorised fuel in a smoke control area)
is amended as follows.

35(2) In the heading, at the end insert “in Wales”.
(3) In subsection (1)—(a) in paragraph (a), after “area” in both places insert “in Wales”;(b) in paragraph (b), after “area” insert “in Wales”;(c) in paragraph (c)—40

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 3 — Minor and consequential amendments

(i)
(ii)

217

after “fuel” insert “in Wales”;
in sub-paragraph (i), after “area” insert “in Wales”.

(4) In subsection (3), after “area” insert “in Wales”.
(5) In subsection (4)(a) for “Secretary of State” substitute “Welsh Ministers”;(b) after first “area” insert “in Wales”.

5(6) In subsection (5)—(a) after first “fuel” insert “in Wales”;(b) after “premises” insert “in Wales”.
18

In section 24 (power to require adaptations of fireplaces), in subsection (1)—(a) after second “area” insert “in Wales”;(b) at the end insert “or the imposition of a financial penalty under
Schedule 1A (penalty for emission of smoke in England)”.

19

In section 26 (power to make grants for fireplaces in churches etc)—(a) in subsection (1)—(i) after second “area” insert “in Wales”;(ii) before “, the local authority” insert “or the imposition of afinancial penalty under Schedule 1A (penalty for emission ofsmoke in England)”;(b) after subsection (2) insert—
“(3)

20

15

20

Where a smoke control order in England applies to a vessel
which is moored (see section 44), subsection (2)(c) applies tothe vessel as it applies in relation to premises.”

In section 27 (references to adaptations)—(a) in the heading, at the end insert “or Schedule 1A”;(b) in subsection (1)—(i) after “area” insert “in Wales”;(ii) before “shall be read” insert “or the imposition of a financial
penalty under Schedule 1A (penalty for emission of smoke in
England)”;(iii) at the end insert “or incurring liability under Schedule 1A”;(c) in subsection (3), after “Act” insert “or liability under Schedule 1A tothis Act”;(d) in subsection (4), at the end insert “, and to any vessel to which
section 26 or 26A (adaptations of vessels in England) applies”.

21

In section 28 (expenditure on execution of works), in subsection (3), at theend insert “, and to any vessel to which section 26 or section 26A(adaptations of vessels in England) applies”.

22

In section 29 (interpretation)—(a) in the definition of “old private dwelling”, omit the final “and”;(b) in the definition of “smoke control order”, at the end insert “and”;(c) after that definition insert—““smoke control order in England” means a smoke
control order made by a local authority in England.”23

10

In section 63 (orders and regulations)—

25

30

35

40

45

218

Environment Bill
Schedule 12 — Smoke control in England and Wales
Part 3 — Minor and consequential amendments

(a)
(b)
24

in subsection (2), after “47(2)” insert “or paragraph 3(4) or 4(6) ofSchedule 1A”;
in subsection (3), after “section” insert “19C,”.

(1) Schedule 1 (coming into operation of smoke control orders) is amended asfollows.

5(2) In paragraph 5—(a) after “area” insert “in Wales”;(b) before “may” insert “or Schedule 1A (penalty for emission of smoke
in England)”.
(3) After paragraph 6 insert—“6A

10

When a local authority in England has made an order, theauthority must—(a) inform the Secretary of State that it has done so, and(b) provide the date on which the order is to come, or came,into operation.”

15

Minor amendments to other legislation
25

In section 79 of the Environmental Protection Act 1990 (statutory nuisances),in subsection (3)(i), insert “in Wales”.
PART 4
SMOKE CONTROL AREAS IN ENGLAND: TRANSITIONAL PROVISION

26

20

Where a local authority in England has made a smoke control order under
section 18 of the Clean Air Act 1993, any limitations or exemptions from theoperation of section 20 of that Act (prohibition of emissions of smoke) madeby that order under section 18(2)(b) or (c) of that Act that apply immediately
before the commencement of Parts 1 and 3 of this Schedule continue to apply
as if they were limitations or exemptions from the operation of Schedule 1A
to that Act (penalty for emission of smoke), as inserted by paragraph 3 of thisSchedule.

SCHEDULE 13

25

Section 87

MODIFYING WATER AND SEWERAGE UNDERTAKERS’ APPOINTMENTS: PROCEDURE FOR30

APPEALS“SCHEDULE 2ZA

12EPROCEDURE FOR APPEALS UNDER SECTION 12D
Application for permission to bring appeal
1(1) An application for permission to bring an appeal may be madeonly by sending a notice to the CMA requesting the permission.
(2) Only a person entitled under section 12D to bring the appeal if
permission is granted may apply for permission.

35

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals

219(3) Where the Authority publishes a decision to modify theconditions of any appointment under section 12A(9), any
application for permission to appeal is not to be made after the endof 20 working days beginning with the first working day after the
day on which the decision is published.

5(4) An application for permission to appeal must be accompanied by
all such information as may be required by appeal rules.
(5) Appeal rules may require information contained in an application
for permission to appeal to be verified by a statement of truth.
(6) A person who applies for permission to bring an appeal inaccordance with this paragraph is referred to in this Schedule as
the appellant.
(7) The appellant must send the Authority—(a) a copy of the application for permission to appeal at thesame time as it is sent to the CMA, and(b) such other information as may be required by appeal rules.

1015(8) The CMA’s decision whether to grant permission to appeal is to betaken by an authorised member of the CMA.
(9) Before the authorised member decides whether to grant
permission under this paragraph, the Authority must be given an
opportunity of making representations or observations, inaccordance with paragraph 3(2).
(10) The CMA’s decision on an application for permission to appeal
must be made—(a) where the Authority makes representations orobservations in accordance with paragraph 3(2), before theend of 10 working days beginning with the first working
day after the day on which those representations orobservations are received;(b) in any other case, before the end of 14 working days
beginning with the first working day after the day on
which the application for permission was received.
(11) The grant of permission may be made subject to conditions, which
may include—(a) conditions which limit the matters that are to beconsidered on the appeal in question,(b) conditions for the purpose of expediting the determinationof the appeal, and(c) conditions requiring that appeal to be considered together
with other appeals (including appeals relating to different
matters or decisions and appeals brought by different
persons).
(12) Where a decision is made to grant or to refuse an application for
permission, an authorised member of the CMA must notify thedecision, giving reasons—(a) to the appellant, and(b) to the Authority.

20

25

30

35

40

45

220

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals(13) A decision of the CMA under this paragraph must be published,in a way an authorised member of the CMA considers
appropriate, as soon as reasonably practicable after it is made.
(14) Section 12I(2) applies to the publication of a decision under subparagraph (13) as it does to the publication under section 12I of adetermination by the CMA on an appeal.

5Suspension of decision
2(1) The CMA may direct that, pending the determination of an appeal
against a decision of the Authority—(a) the decision is not to have effect, or(b) the decision is not to have effect to such extent as may be
specified in the direction.
(2) In the case of an appeal against a decision of the Authority which
already has effect by virtue of section 12B, the CMA may directthat the modification that is the subject of the decision—(a) ceases to have effect entirely or to such extent as may be
specified in the direction, and(b) does not have effect, or does not have effect to the specified
extent, pending the determination of the appeal.
(3) The power to give a direction under this paragraph is exercisable
only where—(a) an application for its exercise has been made by theappellant at the same time the appellant made anapplication in accordance with paragraph 1(3) for
permission to bring an appeal against a decision of the
Authority,(b) the Authority has been given an opportunity of making
representations or observations, in accordance withparagraph 3(2),(c) the appellant (or, where the appellant is within section
12D(2)(c) or (d), those represented by the appellant, or
consumers, respectively) would incur significant costs if
the decision were to have effect before the determination of
the appeal, and(d) the balance of convenience does not otherwise require
effect to be given to the decision pending that
determination.
(4) The CMA’s decision on an application for a direction under thisparagraph must be made—(a) where the Authority makes representations orobservations in accordance with paragraph 3(2), before theend of 10 working days beginning with the first working
day after the day on which those representations orobservations are received;(b) in any other case, before the end of 14 working days
beginning with the first working day following the day on
which the application under sub-paragraph (3)(a) is
received.

10

15

20

25

30

35

40

45

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals

221(5) The appellant must send the Authority a copy of the application
for a direction under this paragraph at the same time as it is sent
to the CMA.
(6) A direction under this paragraph must be—(a) given by an authorised member of the CMA, and(b) published, in a way an authorised member of the CMA
considers appropriate, as soon as reasonably practicable
after it is given.
(7) Section 12I(2) applies to the publication of a direction under subparagraph (6) as it does to the publication under section 12I of adetermination by the CMA on an appeal.

510Time limit for representations and observations by the Authority
3(1) Sub-paragraph (2) applies where the Authority wishes to makerepresentations or observations to the CMA in relation to—(a) an application for permission to bring an appeal underparagraph 1;(b) an application for a direction under paragraph 2.
(2) The Authority must make the representations or observations inwriting before the end of 10 working days beginning with the firstworking day after the day on which it received a copy of theapplication under paragraph 1(7) or 2(5) as the case may be.
(3) Sub-paragraph (4) applies where an application for permission tobring an appeal has been granted and the Authority wishes tomake representations or observations to the CMA in relation to—(a) the Authority’s reasons for the decision in relation towhich the appeal is being brought, and(b) any grounds on which that appeal is being brought againstthat decision.
(4) The Authority must make the representations or observations inwriting before the end of 15 working days beginning with the firstworking day after the day on which permission to bring theappeal was granted.

15

20

25

30

(5) The Authority must send a copy of the representations andobservations it makes under this paragraph to the appellant.
Consideration and determination of appeal by group435(1) A group constituted by the chair of the CMA under Schedule 4 tothe Enterprise and Regulatory Reform Act 2013 for the purpose ofcarrying out functions of the CMA with respect to an appeal under
section 12D must consist of three members of the CMA panel.
(2) A decision of the group is effective if, and only if—(a) all the members of the group are present when it is made,and(b) at least two members of the group are in favour of thedecision.

40

222

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals

Matters to be considered on appeal
5(1) The CMA, if it thinks it necessary to do so for the purpose of
securing the determination of an appeal within the period
provided for by section 12H, may disregard—(a) any or all matters raised by an appellant that were notraised by that appellant at the time of the relevant
application, and(b) any or all matters raised by the Authority that were notcontained in representations or observations made for the
purposes of the appeal in accordance with paragraph 3.

510(2) In this paragraph “relevant application” means an application
under paragraph 1 or 2.
Production of documents etc
6(1) For the purposes of this Schedule, the CMA may, by notice,require—(a) a person to produce to the CMA the documents specified
or otherwise identified in the notice;(b) any person who carries on a business to supply to the CMA
such estimates, forecasts, returns or other information as
may be specified or described in the notice in relation tothat business.
(2) The power to require the production of a document, or the supplyof any estimate, forecast, return or other information, is a power torequire its production or, as the case may be, supply—(a) at the time and place specified in the notice, and(b) in a legible form.

2025(3) No person is to be compelled under this paragraph to produce a
document or supply an estimate, forecast, return or otherinformation that the person could not be compelled to produce in
civil proceedings in the High Court.

30(4) An authorised member of the CMA may, for the purpose of theexercise of the functions of the CMA, make arrangements forcopies to be taken of a document produced or an estimate,forecast, return or other information supplied under thisparagraph.

35(5) A notice for the purposes of this paragraph—(a) may be issued on the CMA’s behalf by an authorised
member of the CMA;(b) must include information about the possible consequencesof not complying with the notice (as set out in paragraph
10).
Oral hearings
715(1) For the purposes of this Schedule an oral hearing may be held, andevidence may be taken on oath—40

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals

223

(a)

by a person considering an application for permission tobring an appeal under paragraph 1,(b) by a person considering an application for a direction
under paragraph 2, or(c) by a group with the function of determining an appeal,and, for that purpose, such a person or group may administer
oaths.
(2) The CMA may, by notice, require a person—(a) to attend at a time and place specified in the notice, and(b) at that time and place, to give evidence to a person orgroup mentioned in sub-paragraph (1).
(3) At any oral hearing, the person or group conducting the hearing
may require—(a) the appellant, or the Authority, if present at the hearing togive evidence or to make representations or observations,or(b) a person attending the hearing as a representative of theappellant or of the Authority to make representations orobservations.
(4) A person who gives oral evidence at the hearing may be crossexamined by or on behalf of any party to the appeal.

5

10

15

20

(5) If the appellant, the Authority, or the appellant’s or Authority’s
representative is not present at a hearing—(a) there is no requirement to give notice to that person under
sub-paragraph (2), and(b) the person or group conducting the hearing may
determine the application or appeal without hearing that
person’s evidence, representations or observations.

25(6) No person is to be compelled under this paragraph to give
evidence which that person could not be compelled to give in civil
proceedings in the High Court.

30(7) Where a person is required under this paragraph to attend at aplace more than 10 miles from that person’s place of residence, anauthorised member of the CMA must arrange for that person to be
paid the necessary expenses of attendance.

35(8) A notice for the purposes of this paragraph may be issued on the
CMA’s behalf by an authorised member of the CMA.
Written statements
8(1) The CMA may, by notice, require a person to produce a written
statement with respect to a matter specified in the notice to—(a) a person who is considering, or is to consider, anapplication for a direction under paragraph 2, or(b) a group with the function of determining an appeal.
(2) The power to require the production of a written statement
includes power—

40

45

224

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals(a)to specify the time and place at which it is to be produced,and(b) to require it to be verified by a statement of truth,
and a statement required to be so verified must be disregarded
unless it is so verified.

5(3) No person is to be compelled under this paragraph to produce awritten statement with respect to any matter about which that
person could not be compelled to give evidence in civil
proceedings in the High Court.
(4) A notice for the purposes of this paragraph may be issued on the
CMA’s behalf by an authorised member of the CMA.

10

Expert advice
9

Where permission to bring an appeal is granted under paragraph
1, the CMA may commission expert advice with respect to any
matter raised by a party to that appeal.

15

Defaults in relation to evidence
10(1) This paragraph applies if a person (“the defaulter”)—(a) fails to comply with a notice issued or other requirement
imposed under paragraph 6, 7 or 8,(b) in complying with a notice under paragraph 8, makes astatement that is false in any material particular, or(c) in providing information verified in accordance with astatement of truth required by appeal rules, provides
information that is false in a material particular.
(2) An authorised member of the CMA may certify the failure, or thefact that such a false statement has been made or such false
information has been given, to the High Court.
(3) The High Court may inquire into a matter certified to it under thisparagraph and if, after having heard—(a) any witness against or on behalf of the defaulter, and(b) any statement in the defaulter’s defence,
it is satisfied that the defaulter, without reasonable excuse, failed
to comply with the notice or other requirement, or made the false
statement, or gave the false information, that court may punishthat defaulter as if the person had been guilty of contempt of court.

20

25

30

35

(4) Where the High Court has power under this paragraph to punish
a body corporate for contempt of court, it may so punish any
director or other officer of that body (either instead of or as well as
punishing the body).
(5) A person who wilfully alters, suppresses or destroys a documentthat the person has been required to produce under paragraph 6 isguilty of an offence and shall be liable—(a) on summary conviction to a fine;(b) on conviction on indictment, to imprisonment for a term
not exceeding two years or to a fine, or to both.

40

45

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals

225

Appeal rules
11(1) The CMA Board may make rules of procedure regulating the
conduct and disposal of appeals under section 12D.
(2) Those rules may include provision supplementing the provisionsof this Schedule in relation to any application, notice, hearing,
power or requirement for which this Schedule provides; and thatprovision may, in particular, impose time limits or otherrestrictions on—(a) the taking of evidence at an oral hearing, or(b) the making of representations or observations at such ahearing.

510(3) The CMA Board must publish rules made under this paragraph ina way it considers appropriate for bringing them to the attentionof those likely to be affected by them.
(4) Before making rules under this paragraph, the CMA Board must
consult such persons as it considers appropriate.

15(5) Rules under this paragraph may make different provision fordifferent cases.
Costs
12

(1) A group that determines an appeal must make an order requiring
the payment to the CMA of the costs incurred by the CMA in
connection with the appeal.
(2) An order under sub-paragraph (1) must require those costs to be
paid—(a) where the appeal is allowed in full, by the Authority,(b) where the appeal is dismissed in full, by the appellant, or(c) where the appeal is partially allowed, by one or moreparties in such proportions as the CMA considers
appropriate in all the circumstances.
(3) The group that determines an appeal may also make such order as
it thinks fit for requiring a party to the appeal to make payments
to another party in respect of costs reasonably incurred by that
other party in connection with the appeal.
(4) A person who is required by an order under this paragraph to pay
a sum to another person must comply with the order before theend of the period of 28 days beginning with the day after the
making of the order.
(5) Sums required to be paid by an order under this paragraph but not
paid within the period mentioned in sub-paragraph (4) shall bearinterest at such rate as may be determined in accordance with
provision contained in the order.
(6) Any costs payable by virtue of an order under this paragraph andany interest that has not been paid may be recovered as a civil debt
by the person in whose favour that order is made.

20

25

30

35

40

226

Environment Bill
Schedule 13 — Modifying water and sewerage undertakers’ appointments: procedure for appeals

Interpretation of Schedule
13(1) In this Schedule—“appeal” means an appeal under section 12D;
“appeal rules” means rules of procedure under paragraph 11;“authorised member of the CMA”—(a) in relation to a power exercisable in connection with
an appeal in respect of which a group has been
constituted by the chair of the CMA under Schedule 4
to the Enterprise and Regulatory Reform Act 2013,means a member of that group who has beenauthorised by the chair of the CMA to exercise thatpower;(b) in relation to a power exercisable in connection with
an application for permission to bring an appeal, orotherwise in connection with an appeal in respect ofwhich a group has not been so constituted by thechair of the CMA, means—(i) any member of the CMA Board who is also amember of the CMA panel, or(ii) any member of the CMA panel authorised by
the Secretary of State (whether generally or
specifically) to exercise the power in question;“CMA Board” and “CMA panel” have the same meaning as
in Schedule 4 to the Enterprise and Regulatory Reform Act
2013;“statement of truth”, in relation to the production of astatement or provision of information by a person, meansa statement that the person believes the facts stated in thestatement or information to be true;“working day” means any day other than—(a) Saturday or Sunday;(b) Christmas Day or Good Friday;(c) a day which is a bank holiday in England and Wales
under the Banking and Financial Dealings Act 1971.
(2) References in this Schedule to a party to an appeal are references
to—(a) the appellant, or(b) the Authority.”

5

10

15

20

25

30

35

227

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition

SCHEDULE 14

Section 99

BIODIVERSITY GAIN AS CONDITION OF PLANNING PERMISSIONPART 1
BIODIVERSITY GAIN CONDITION
1

In the Town and Country Planning Act 1990, after section 90 insert—

5“Biodiversity gain
90A Biodiversity gain in England
Schedule 7A (biodiversity gain in England) has effect.”2

In that Act, after Schedule 7 insert—“SCHEDULE 7A

10

BIODIVERSITY GAIN IN ENGLAND
PART 1OVERVIEW AND INTERPRETATION
Overview
1(1) This Schedule makes provision for grants of planning permission
in England to be subject to a condition to secure that thebiodiversity gain objective is met.

15(2) Paragraphs 2 to 12 have effect for the purposes of this Schedule.
Biodiversity gain objective
2(1) The biodiversity gain objective is met in relation to development
for which planning permission is granted if the biodiversity value
attributable to the development exceeds the pre-development
biodiversity value of the onsite habitat by at least the relevant
percentage.

20(2) The biodiversity value attributable to the development is the totalof—(a) the post-development biodiversity value of the onsite
habitat,(b) the biodiversity value, in relation to the development, of
any registered offsite biodiversity gain allocated to thedevelopment, and(c) the biodiversity value of any biodiversity credits
purchased for the development.

2530(3) The relevant percentage is 10%.
(4) The Secretary of State may by regulations amend this paragraphso as to change the relevant percentage.

35

228

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition

Biodiversity value and the biodiversity metric
3

References to the biodiversity value of any habitat or habitat
enhancement are to its value as calculated in accordance with thebiodiversity metric.

4(1) The biodiversity metric is a document for measuring, for the
purposes of this Schedule, the biodiversity value or relative
biodiversity value of habitat or habitat enhancement.

5(2) The biodiversity metric is to be produced and published by the
Secretary of State.
(3) The Secretary of State may from time to time revise and republish
the biodiversity metric.

10(4) Before publishing or republishing the biodiversity metric theSecretary of State must consult such persons as the Secretary ofState considers appropriate.
(5) The Secretary of State may by regulations make transitional
provision in relation to the revision and republication of thebiodiversity metric.

15(6) The Secretary of State must lay the biodiversity metric, and any
revised biodiversity metric, before Parliament.
Pre-development biodiversity value
5

6

20

(1) In relation to any development for which planning permission is
granted, the pre-development biodiversity value of the onsite
habitat is the biodiversity value of the onsite habitat on therelevant date.
(2) The relevant date is—(a) in a case in which planning permission is granted on
application, the date of the application, and(b) in any other case, the date on which the planningpermission is granted.

25(3) But the person submitting the biodiversity gain plan for approval
and the planning authority may agree that the relevant date is tobe a date earlier than that specified in sub-paragraph (2)(a) or (b)(but not a date which is before the day on which this Schedulecomes into force in relation to the development).

30(4) This paragraph is subject to paragraphs 6 and 7.

35

If—
(a)

(b)

a person carries on activities on land on or after 30 January
2020 otherwise than in accordance with—(i) planning permission, or(ii) any other permission of a kind specified by the
Secretary of State by regulations, andas a result of the activities the biodiversity value of theonsite habitat referred to in paragraph 5(1) is lower on therelevant date than it would otherwise have been,

40

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition229

the pre-development biodiversity value of the onsite habitat is tobe taken to be its biodiversity value immediately before thecarrying on of the activities.
7

Where planning permission is granted in respect of land which isregistered in the biodiversity gain site register under section 101 of
the Environment Act 2021, the pre-development biodiversity
value of the land is the total of—(a) the biodiversity value of the onsite habitat on the relevantdate, and(b) to the extent that it is not included within that value, thebiodiversity value of the habitat enhancement which is, onthat date, recorded in the register as habitat enhancement
to be achieved on the land.

5

10

Post-development biodiversity value
8(1) In relation to any development for which planning permission is
granted, the post-development biodiversity value of the onsite
habitat is the projected value of the onsite habitat as at the time thedevelopment is completed.
(2) That value is to be calculated by taking the pre-development
biodiversity value and—(a) if at the time the development is completed thedevelopment will, taken as a whole, have increased thebiodiversity value of the onsite habitat, adding the amountof that increase, or(b) if at the time the development is completed thedevelopment will, taken as a whole, have decreased thebiodiversity value of the onsite habitat, subtracting theamount of that decrease.
This is subject to paragraph 9.

9(1) This paragraph applies in relation to any development for whichplanning permission is granted where—(a) the person submitting the biodiversity gain plan for
approval proposes to carry out works in the course of thedevelopment that increase the biodiversity value of theonsite habitat, and(b) the planning authority considers that the increase issignificant in relation to the pre-development biodiversity
value.
(2) The increase in biodiversity value referred to in sub-paragraph (1)is to be taken into account in calculating the post-development
biodiversity value of the onsite habitat only if the planning
authority is satisfied that the condition in sub-paragraph (3) ismet.
(3) The condition is that any habitat enhancement resulting from theworks referred to in sub-paragraph (1)(a) will, by virtue of—(a) a condition subject to which the planning permission is
granted,(b) a planning obligation, or

15

20

25

30

35

40

45

230

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition(c) a conservation covenant,be maintained for at least 30 years after the development iscompleted.
(4) The Secretary of State may by regulations amend sub-paragraph(3) so as to substitute for the period for the time being specified
there a different period of at least 30 years.

5

Registered offsite biodiversity gains
10(1) “Registered offsite biodiversity gain” means any habitat
enhancement, where—(a) the enhancement is required to be carried out under aconservation covenant or planning obligation, and(b) the enhancement is recorded in the biodiversity gain site
register (as to which, see section 101 of the Environment
Act 2021).
(2) References to the allocation of registered offsite biodiversity gain
are to its allocation in accordance with the terms of theconservation covenant or planning obligation referred to in subparagraph (1)(a).
(3) The biodiversity value of registered offsite biodiversity gain ismeasured, under the biodiversity metric, in relation todevelopment to which it is allocated.

10

15

20

Biodiversity credits
11“Biodiversity credits” means credits under section 102 of theEnvironment Act 2021.

General
1225(1) In relation to development for which planning permission is
granted—“onsite habitat” means habitat on the land to which theplanning permission relates;“planning authority” means the local planning authority,
except that—(a) in a case where the planning permission is granted by
Mayoral development order under section 61DB,“planning authority” means such of the Mayor of
London or the local planning authority as may be
specified in the order;(b) in a case where the planning permission is granted by
the Secretary of State under section 62A, 76A or 77,“planning authority” means such of the Secretary ofState or the local planning authority as the Secretaryof State may determine;(c) in a case where the planning permission is granted on
an appeal under section 78, “planning authority”
means such of the person determining the appeal or
the local planning authority as that person may
direct.

30

35

40

45

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition

231(2) “Habitat enhancement” means enhancement of the biodiversity ofhabitat.
(3) References to the grant of planning permission include thedeemed grant of planning permission.
PART 2

5

CONDITION OF PLANNING PERMISSION RELATING TO BIODIVERSITY GAIN
General condition of planning permission
13(1) Every planning permission granted for the development of land in
England shall be deemed to have been granted subject to thecondition in sub-paragraph (2).

10(2) The condition is that the development may not be begun unless—(a) a biodiversity gain plan has been submitted to theplanning authority (see paragraph 14), and(b) the planning authority has approved the plan (seeparagraph 15).

15

Biodiversity gain plan
14(1) For the purposes of paragraph 13(2)(a), a biodiversity gain plan isa plan which—(a) relates to development for which planning permission is
granted, and(b) specifies the matters referred to in sub-paragraph (2).
(2) The matters are—(a) information about the steps taken or to be taken tominimise the adverse effect of the development on thebiodiversity of the onsite habitat and any other habitat,(b) the pre-development biodiversity value of the onsite
habitat,(c) the post-development biodiversity value of the onsite
habitat,(d) any registered offsite biodiversity gain allocated to thedevelopment and the biodiversity value of that gain in
relation to the development,(e) any biodiversity credits purchased for the development,and(f) such other matters as the Secretary of State may by
regulations specify.
(3) The Secretary of State may by regulations make provision about—(a) any other matters to be included in a biodiversity gain
plan;(b) the form of a biodiversity gain plan;(c) the procedure to be followed in relation to the submissionof a biodiversity gain plan (including the time by which aplan must be submitted);(d) persons who may or must submit a biodiversity gain plan.

20

25

30

35

40

232

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition

Approval of biodiversity gain plan
15(1) For the purposes of paragraph 13(2)(b) a planning authority towhich a biodiversity gain plan is submitted must approve the planif, and only if, it is satisfied as to the matters specified in subparagraph (2).
(2) The matters are—(a) that the pre-development biodiversity value of the onsite
habitat is as specified in the plan,(b) that the post-development biodiversity value of the onsite
habitat is at least the value specified in the plan,(c) that, in a case where any registered offsite biodiversity
gain is specified in the plan as allocated to thedevelopment—(i) the registered offsite biodiversity gain is so
allocated (and, if the allocation is conditional, thatany conditions attaching to the allocation havebeen met or will be met by the time thedevelopment begins), and(ii) the registered offsite biodiversity gain has thebiodiversity value specified in the plan in relation
to the development,(d) that any biodiversity credits specified in the plan aspurchased for the development have been so purchased,(e) that the biodiversity gain objective is met, and(f) any other matters specified in the plan under paragraph14(2)(f).

5

10

15

20

25

Regulations about determinations
16

The Secretary of State may make regulations as to—(a) the procedure which a planning authority is to follow indetermining whether to approve a biodiversity gain plan(including the time by which a determination must bemade);(b) factors which may or must be taken into account in making
such a determination;(c) appeals relating to such a determination.

30

35

Exceptions
17

Paragraph 13 does not apply in relation to—(a) development for which planning permission is granted—(i) by a development order, or(ii) under section 293A (urgent Crown development),or(b) development of such other description as the Secretary ofState may by regulations specify.

40

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition

233

Modifications for irreplaceable habitat
18(1) The Secretary of State may by regulations make provision
modifying or excluding the application of this Part of thisSchedule in relation to any development for which planningpermission is granted where the onsite habitat is “irreplaceable
habitat” as defined in the regulations.
(2) Regulations under this paragraph must make provision requiring,in relation to any such development, the making of arrangements
for the purpose of minimising the adverse effect of thedevelopment on the biodiversity of the onsite habitat.

510(3) Regulations under this paragraph may confer powers and duties,
including powers and duties in relation to the giving of guidance,
on Natural England.
Modifications for particular kinds of planning permission
19(1) The Secretary of State may by regulations make provision
modifying the application of this Part of this Schedule in relation
to—(a) the grant of outline planning permission, where thereservation of matters for subsequent approval has theeffect of requiring or permitting development to proceedin phases, or(b) the grant of any kind of planning permission, where thegrant is subject to conditions (whether requiring thesubsequent approval of any matters or otherwise) havingthat effect.

15

20

25

(2) Regulations under this paragraph may include provision for a
grant of planning permission referred to in sub-paragraph (1)(a)or (b) to be subject to conditions relating to meeting thebiodiversity gain objective referred to in paragraph 2.
20(1) The Secretary of State may by regulations make provision
modifying or excluding the application of this Part of thisSchedule in relation to development for which—(a) planning permission is granted under section 73A(planning permission for development already carriedout), or(b) planning permission is granted by an order under section
102 (orders requiring discontinuance of use etc).
(2) Regulations under this paragraph may in particular include
provision—(a) for paragraph 13 not to apply in relation to the grant ofplanning permission referred to in sub-paragraph (1)(a) or(b);(b) for the grant of any such planning permission to be subject
to other conditions relating to meeting the biodiversity
gain objective.
(3) The conditions referred to in sub-paragraph (2)(b) may include
conditions requiring—

30

35

40

45

234

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 1 — Biodiversity gain condition

(a)
(b)
(c)

habitat enhancement on the land to which the planningpermission relates;
the allocation of registered offsite biodiversity gain to any
development for which the planning permission is
granted;the purchase of biodiversity credits for any suchdevelopment.

5

Further application of this Part
21

The Secretary of State may by regulations make provision to apply
this Part of this Schedule in relation to development for whichplanning permission is granted under section 141 or 177(1), withsuch modifications or exclusions as may be specified in theregulations.”

10

PART 2CONSEQUENTIAL AMENDMENTS
315(1) The Town and Country Planning Act 1990 is amended as follows.
(2) In section 56 (time when development begins), in subsection (3), at the end
insert “and paragraph 13 of Schedule 7A”.
(3) In section 69 (register of applications etc)—(a) in subsection (1), at the end insert—“(e) applications for approval of biodiversity gain plans
under Part 2 of Schedule 7A.”;(b) in subsection (2)(a), for “and (aza)” substitute “, (aza) and (e)”.
(4) In section 70 (determination of applications: general considerations), in
subsection (1)(a), after “section 62D(5)” insert “, paragraph 13 of Schedule
7A”.

20

25

(5) In section 73 (determination of applications to develop land after noncompliance), after subsection (2A) insert—“(2B)

Nothing in this section authorises the disapplication of the condition
under paragraph 13 of Schedule 7A (biodiversity gain condition).

(2C)

Subsection (2D) applies where—(a) for the purposes of paragraph 13 of Schedule 7A abiodiversity gain plan was approved in relation to theprevious planning permission (“the earlier biodiversity gainplan”),(b) planning permission is granted under this section, and(c) the conditions subject to which the planning permission is
granted under this section do not affect the postdevelopment biodiversity value of the onsite habitat as
specified in the earlier biodiversity gain plan.

(2D)

Where this subsection applies, the earlier biodiversity gain plan isregarded as approved for the purposes of paragraph 13 of Schedule
7A in relation to the planning permission granted under thissection.”

30

35

40

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 2 — Consequential amendments

235(6) In section 74A (deemed discharge of planning permission conditions), after
subsection (2) insert—“(2A)

But this section does not apply to the condition under paragraph 13
of Schedule 7A (biodiversity gain condition).”(7) In section 76C (provisions applying to applications made under section
62A), in subsection (2), after “Schedule 1” insert “, or by regulations underparagraph 14(3) or 16 of Schedule 7A,”.

5(8) In section 84 (simplified planning zone schemes: conditions and limitations
on planning permission), at the end insert—“(5)

A simplified planning zone scheme may not disapply the condition
under paragraph 13 of Schedule 7A (biodiversity gain condition).”10(9) In section 88 (enterprise zones), after subsection (3) insert—“(3A)

Subsection (3) is subject to paragraph 13 of Schedule 7A (biodiversity
gain condition).”(10) In section 96A (power to make non-material changes to planningpermission), after subsection (3) insert—
“(3A)

15

The conditions referred to in subsection (3)(b) do not include thecondition under paragraph 13 of Schedule 7A (biodiversity gain
condition).”(11) In section 97 (revocation or modification of planning permission), at the end
insert—20“(7)

Subsection (1) does not permit the revocation or modification of thecondition under paragraph 13 of Schedule 7A (the biodiversity gain
condition), subject as follows.

(8)

The Secretary of State may by regulations make provision—(a) for the condition under paragraph 13 of Schedule 7A to apply
in relation to the modification of planning permission under
this section, subject to such modifications as may be specified
in the regulations;(b) for planning permission modified under this section to be
subject to other conditions relating to meeting thebiodiversity gain objective referred to in paragraph 2 of
Schedule 7A (including conditions of a kind referred to inparagraph 20(3) of that Schedule).”25(12) In section 100ZA (restriction on power to impose planning conditions in
England), in subsection (13)(c), after “limitation” insert “but do not include
the condition under paragraph 13 of Schedule 7A (biodiversity gain
condition)”.

35(13) In section 106 (planning obligations), in subsection (1), in the words before
paragraph (a), after “106C” insert “, Schedule 7A”.

3040(14) In section 106A (modification and discharge of planning obligations), after
subsection (6) insert—“(6A)

Except in such cases as may be prescribed, the authority may notunder subsection (6) discharge or modify the planning obligation if
the authority considers that doing so would—

45

236

Environment Bill
Schedule 14 — Biodiversity gain as condition of planning permission
Part 2 — Consequential amendments

(a)
(b)

prevent the biodiversity gain objective referred to inparagraph 2 of Schedule 7A from being met in relation to any
development, or
give rise to a significant risk of that objective not being met inrelation to any development.”

5(15) In section 333 (regulations and orders), after subsection (3A) insert—“(3AA)

No regulations may be made under paragraph 2(4) of Schedule 7A(biodiversity gain condition) unless a draft of the instrument
containing the regulations has been laid before, and approved by aresolution of, each House of Parliament.”

SCHEDULE 15

10

Section 100

BIODIVERSITY GAIN IN NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTSPART 1
PRINCIPAL AMENDMENTS TO THE PLANNING ACT 2008
1

The Planning Act 2008 is amended as follows.

2

In section 103 (Secretary of State is to decide applications), after subsection(1) insert—
“(1A)

3

Schedule 2A makes provision about biodiversity gain in relation todecisions of the Secretary of State under sections 104 and 105; and for
related matters.”

1520(1) Section 104 (decisions in cases where national policy statement has effect) is
amended as follows.
(2) For subsection (3) substitute—“(3)

The Secretary of State must decide the application in accordancewith any relevant national policy statement.

(3A)

In particular, if a relevant national policy statement contains a
biodiversity gain statement under Schedule 2A in relation todevelopment of the description to which the application relates, theSecretary of State may not grant the application unless satisfied thatthe biodiversity gain objective contained in the statement is met inrelation to the development to which the application relates.

(3B)

30

Subsections (3) and (3A) do not apply to the extent that one or moreof subsections (4) to (8) applies.”(3) In each of subsections (4), (5) and (6), for “any relevant national policy
statement” substitute “subsection (3) or (3A)”.
(4) In subsection (8), for “a national policy statement” substitute “subsection (3)or (3A)”.
4

25(1) Section 105 (decisions in cases where no national policy statement has

35

Environment Bill
Schedule 15 — Biodiversity gain in nationally significant infrastructure projects
Part 1 — Principal amendments to the Planning Act 2008237

effect), after subsection (2) insert—
“(3)

(4)

5

Where there is a biodiversity gain statement under Schedule 2A in
relation to development of the description to which the application
relates, the Secretary of State may not grant the application unlesssatisfied that the biodiversity gain objective contained in thestatement is met in relation to the development to which theapplication relates.
Subsection (3) does not apply to the extent that the Secretary of Stateis satisfied that deciding the application in accordance with that
subsection would have an effect referred to in section 104(4), (5), (6)or (7).”

5

10

After Schedule 2 insert—“SCHEDULE 2A

Section 103

BIODIVERSITY GAIN
Introductory
1(1) This Schedule applies to development which—(a) is of a description of development to which a development
consent order application may relate, and(b) is not excluded development,
to the extent that the development is carried out in England.
(2) In this Schedule—“development consent order application” means anapplication made under section 37 which falls to be
determined under section 104 or 105;
“excluded development” means development of a
description specified in regulations made by the Secretaryof State.

15

20

25

Biodiversity gain statement
2(1) A biodiversity gain statement is a statement of government policy
in relation to the biodiversity gain to be achieved in connection
with any description of development to which this Schedule
applies.
(2) In particular the statement must—(a) set out a biodiversity gain objective for any description ofdevelopment to which this Schedule applies, and(b) set out that, where development consent orderapplications are made for any development of that
description during a period specified in the statement, thedevelopment must meet that objective.
(3) The statement may specify how development of any description
may or must meet the biodiversity gain objective.
(4) In this Schedule, references to the period for which a biodiversity
gain statement has effect are to the period referred to in subparagraph (2)(b).

30

35

40

238

Environment Bill
Schedule 15 — Biodiversity gain in nationally significant infrastructure projects
Part 1 — Principal amendments to the Planning Act 2008

3

(1) A biodiversity gain objective is an objective that the biodiversity
value attributable to development to which a biodiversity gain
statement relates exceeds the pre-development biodiversity valueof the onsite habitat by a percentage specified in the statement.
(2) The percentage specified under sub-paragraph (1) must be at least
10%.

5(3) The Secretary of State may by regulations amend sub-paragraph(2) so as to change the percentage for the time being specified in it.
4(1) A biodiversity gain statement may specify for the purposes of abiodiversity gain objective how the biodiversity value or relative
biodiversity value of any habitat or habitat enhancement is to be
calculated.
(2) That may include calculation by, or by reference to—(a) a biodiversity metric set out in a document produced by
the Secretary of State for the purposes of the statement,(b) the biodiversity metric referred to in paragraph 4 of
Schedule 7A to the Town and Country Planning Act 1990,or(c) such other biodiversity metric as the Secretary of State
considers appropriate.

5

15

20

(3) The Secretary of State must—(a) lay any document within sub-paragraph (2)(a) before
Parliament, and(b) publish it in such manner as the Secretary of State
considers appropriate.

25(1) A biodiversity gain statement may specify for the purposes of abiodiversity gain objective—(a) what the pre-development biodiversity value of onsite
habitat consists of, and(b) the date by reference to which it is calculated.

30(2) A biodiversity gain statement may in particular under subparagraph (1)(b) specify a different date in relation todevelopment on land where activities on the land before themaking of a development consent order application have, or have
had, the result that the biodiversity value of the onsite habitat islower than it would otherwise have been.

6

10

35

(3) A biodiversity gain statement must include provision to secure
that, where a development consent order application relates toland which is registered in the biodiversity gain site register, thepre-development biodiversity value of the onsite habitat includes
the biodiversity value of the habitat enhancement which is, on thedate specified under sub-paragraph (1)(b), recorded in the registeras habitat enhancement to be achieved on the land.

40(1) A biodiversity gain statement may specify for the purposes of abiodiversity gain objective what the biodiversity value
attributable to any development consists of.

45

Environment Bill
Schedule 15 — Biodiversity gain in nationally significant infrastructure projects
Part 1 — Principal amendments to the Planning Act 2008239

(2) In particular, a biodiversity gain statement may specify any of thefollowing as included in the biodiversity value attributable to any
development—(a) the post-development biodiversity value of the onsite
habitat,(b) the biodiversity value of any offsite biodiversity gain
allocated to the development (which may be registeredoffsite biodiversity gain), and(c) the biodiversity value of any biodiversity credits
purchased for the development.

510(3) If pursuant to sub-paragraph (2)(a) a biodiversity gain statement
specifies the post-development biodiversity value of the onsite
habitat, the statement must specify what that value consists of.
(4) If pursuant to sub-paragraph (2)(b) a biodiversity gain statement
specifies the biodiversity value of any offsite biodiversity gain
allocated to the development, other than registered offsite
biodiversity gain, the statement must specify—(a) what offsite biodiversity gain consists of, and(b) how the allocation of offsite biodiversity gain is to berecorded.
(5) Provision under sub-paragraph (3) or (4) must include provision
to secure that, where works are carried out for the purposes of any
development that increase the biodiversity value of onsite or
offsite habitat by an amount that is significant in relation to its
previous biodiversity value, the increase is to be taken into
account only if—(a) any habitat enhancement resulting from the works ismaintained for a period specified in the statement, and(b) the maintenance of that habitat enhancement is secured ina way specified in the statement (for example, throughconservation covenants or requirements imposed by adevelopment consent order).
7(1) A biodiversity gain statement must set out whether, and if so how,the biodiversity gain objective applies in relation to development
where the onsite habitat is irreplaceable habitat.

15

20

25

30

35

(2) A biodiversity gain statement may specify requirements, in
relation to any such development, relating to the making of
arrangements for the purpose of minimising the adverse effect ofthe development on the onsite habitat.
8

A biodiversity gain statement must specify the evidence that
persons making a development consent order application in
relation to which the statement has effect must produce in order todemonstrate how the biodiversity gain objective is met.

40

Development covered by an existing national policy statement
9(1) This paragraph applies where, at the time this Schedule comes
into force, an existing national policy statement sets out policy inrespect of a description of development to which this Schedule
applies.

45

240

Environment Bill
Schedule 15 — Biodiversity gain in nationally significant infrastructure projects
Part 1 — Principal amendments to the Planning Act 2008

(2) On the first review of the existing national policy statement under
section 6 after the coming into force of this Schedule, the Secretaryof State must amend the statement under section 6(5)(a) so as toinclude a biodiversity gain statement for development of that
description.

5(3) The Secretary of State may issue a separate biodiversity gain
statement (a “separate biodiversity gain statement”) having effectfor any period before that for which the statement included in theexisting national policy statement under sub-paragraph (2) has
effect.

10(4) Before issuing a separate biodiversity gain statement the Secretaryof State must consult such persons as the Secretary of State
considers appropriate.
(5) The Secretary of State must keep a separate biodiversity gain
statement under review and may amend it at any time.

15(6) The Secretary of State must—(a) lay a separate biodiversity gain statement before
Parliament, and(b) publish it in such manner as the Secretary of State
considers appropriate.

20(7) A separate biodiversity gain statement is for the purposes ofsection 104(2) to (9) to be regarded as contained in the existing
national policy statement.
(8) If it appears to the Secretary of State that the existing national
policy statement is inconsistent with a separate biodiversity gain
statement, the Secretary of State may amend the existing national
policy statement in such manner as seems appropriate to theSecretary of State to remove the inconsistency.
(9) Where the existing national policy statement is amended pursuant
to sub-paragraph (2) to include a biodiversity gain statement inrelation to any description of development, a separate biodiversity
gain statement relating to development of that description must
be revoked as from the beginning of the period for which the newstatement has effect.

2530(10) If the existing national policy statement’s designation as a national
policy statement is withdrawn in relation to any description ofdevelopment, any separate biodiversity gain statement relating todevelopment of that description has effect as if it were a
biodiversity gain statement issued under paragraph 10(2).

35(11) References in sub-paragraphs (4) to (10) to separate biodiversity
gain statements include amended versions of such statements.

40(12) For the purposes of this Schedule, “existing national policy
statement” means a national policy statement which is designatedunder section 5 before the coming into force of this Schedule.
(13) For the purposes of sub-paragraph (2), an existing national policy
statement is only reviewed under section 6 after the coming into
force of this Schedule if the review begins after that time.

45

Environment Bill
Schedule 15 — Biodiversity gain in nationally significant infrastructure projects
Part 1 — Principal amendments to the Planning Act 2008

241

Development not covered by a national policy statement
10(1) This paragraph applies where, at the time this Schedule comes
into force or any subsequent time, no national policy statement
sets out policy in respect of a description of development to which
this Schedule applies.

5(2) The Secretary of State may issue a biodiversity gain statement inrelation to that description of development.
(3) Before issuing a biodiversity gain statement under sub-paragraph(2) the Secretary of State must consult such persons as the
Secretary of State considers appropriate.

10(4) The Secretary of State must keep a statement issued under subparagraph (2) under review and may amend or revoke it at anytime.
(5) The Secretary of State must—(a) lay a statement issued under sub-paragraph (2) before
Parliament, and(b) publish it in such manner as the Secretary of State
considers appropriate.
(6) References in sub-paragraphs (3) to (5) to statements issued under
sub-paragraph (2) include amended versions of such statements.
(7) If after a statement is issued under sub-paragraph (2) a national
policy statement relating to the description of development isdesignated under section 5, the Secretary of State must—(a) include a biodiversity gain statement in relation to that
description of development in the national policy
statement, and(b) revoke the statement issued under sub-paragraph (2).

15

20

25

Development at sea
11(1) The Secretary of State may by regulations provide for thisSchedule to apply, with or without modifications, to any
development to which this paragraph applies.
(2) This paragraph applies to development which—(a) is of a description to which a development consent orderapplication may relate, and(b) is not excluded development,
to the extent that the development is carried out in the English
marine region.
(3) In sub-paragraph (2), the “English marine region” means—(a) the English offshore region, and(b) the English inshore region, excluding waters in England.
(4) Regulations under this paragraph may make provision modifying
the application of this Schedule in relation to development whichis carried out at an inter-tidal location.
(5) In sub-paragraph (4), “inter-tidal location” means a location that—

30

35

40

242

Environment Bill
Schedule 15 — Biodiversity gain in nationally significant infrastructure projects
Part 1 — Principal amendments to the Planning Act 2008

(a)
(b)

is in England, andis also at any time in the English inshore region.

Interpretation
12

For the purposes of this Schedule—“biodiversity credits” means credits under section 102 of theEnvironment Act 2021;“biodiversity gain site register” means the register under
section 101 of the Environment Act 2021;
a “biodiversity metric” is a means of measuring thebiodiversity value or relative biodiversity value of habitator habitat enhancement;“development consent order application” has the meaning
given by paragraph 1(2);“English inshore region” and “English offshore region” havethe meanings given by section 322 of the Marine andCoastal Access Act 2009;“excluded development” has the meaning given byparagraph 1(2);“existing national policy statement” has the meaning givenby paragraph 9(12);“irreplaceable habitat” has the meaning given in regulations
under paragraph 18 of Schedule 7A to the Town andCountry Planning Act 1990;“onsite habitat”, in relation to any development, means
habitat on the land to which the development consent
order application relates, and “offsite habitat” means
habitat on other land;“registered offsite biodiversity gain” has the meaning givenby paragraph 10 of Schedule 7A to the Town and Country
Planning Act 1990.”

5

10

15

20

25

30

PART 2
SUPPLEMENTARY AMENDMENTS TO THE PLANNING ACT 2008
6

The Planning Act 2008 is amended as follows.

7

In section 37 (applications for orders for development consent), after
subsection (3) insert—
“(3A)

8

35

The documents and information prescribed under subsection (3)(d)may include documents and information demonstrating how any
biodiversity gain objective in a biodiversity gain statement under
Schedule 2A having effect in relation to the development is to be
met.”

40

In section 120 (what may be included in development consent order), in
subsection (2), at the end insert—“(c) requirements designed to secure that—(i) the biodiversity gain objective under Schedule 2A
relevant to the development is met;

45

243

Environment Bill
Schedule 15 — Biodiversity gain in nationally significant infrastructure projects
Part 2 — Supplementary amendments to the Planning Act 2008

(ii)

9

any proposals included in the application for theorder for the purposes of meeting the biodiversity
gain objective are implemented.”(1) Section 232 (orders and regulations) is amended as follows.
(2) In subsection (5), at the end insert—“(f) regulations under paragraph 3(3) or 11 of Schedule 2A.”

5(3) In subsection (7), after “or 105(2)(b)” insert “or paragraph 3(3) or 11 of
Schedule 2A”.

SCHEDULE 16

Section 116

CONTROLLING THE FELLING OF TREES IN ENGLAND

10Introductory
1Part 2 of the Forestry Act 1967 (power to control felling of trees) is amended
as follows.

Penalty for felling without licence: increase of fine2

In section 17(1) (penalty for felling without a licence)—(a) after “and” insert—“(a) in relation to an offence committed in Wales,”;(b) at the end insert “, or(b) in relation to an offence committed in England, liable
on summary conviction to a fine.”

15

20

Restocking notices to be local land charges
3

In section 17A (power to require restocking after unauthorised felling), after
subsection (1A) insert—“(1B)

A restocking notice served by the Commissioners is a local landcharge; and for the purposes of the Local Land Charges Act 1975 theCommissioners are the originating authority as respects the charge.”

25

Enforcement notices to be local land charges
4

In section 24 (notice to require compliance with conditions or directions), at
the end insert—“(6)

A notice under this section given by the Commissioners is a local
land charge; and for the purposes of the Local Land Charges Act 1975
the Commissioners are the originating authority as respects the
charge.”30

Further enforcement notices for new estate or interest holders
5(1) In section 17C (enforcement of restocking notice), after “directions),” insert“24A (further notice under section 24 for next estate or interest holders),”.

35

244

Environment Bill
Schedule 16 — Controlling the felling of trees in England(2) After section 24 insert—“24A Further notice under section 24 for next estate or interest holders(1)

Subsection (2) applies where—(a) a notice has been given to a person under section 24 to requirecompliance with the conditions of a felling licence in relation
to land in England,(b) steps required by the notice have not been taken, and(c) before the time specified in the notice has expired, the person
ceases to have the estate or interest in the land by reference towhich the notice was served.

(2)

The Commissioners may give to the next estate or interest holder afurther notice under section 24 requiring the steps that were notcompleted under the notice described in subsection (1) to becompleted.

(3)

In subsection (2) the “next estate or interest holder” means the person
who has an estate or interest in the land as is referred to in section
10(1) immediately after the person referred to in subsection (1)ceased to have the estate or interest referred to in subsection (1)(c).

(4)

The reference in subsection (1) to a notice under section 24 includes
a notice given under subsection (2).”

5

10

15

20

Power of court to order restocking after conviction for failure to comply with enforcement notice6

After section 24A (inserted by paragraph 5) insert—“24B Restocking orders after conviction under section 24 in England(1)

This section applies where a person has been convicted of an offence
under section 24(4) in England in relation to a failure to take steps
required by a notice given under section 24 to remedy a default in thecase of non-compliance with—(a) the conditions of a felling licence that relate to the restocking
or stocking of land with trees, or(b) the requirements of a restocking notice.

(2)

The court may make a restocking order.

(3)

A restocking order is an order that requires the person to take such
steps as may be specified therein to be taken within such time as may
be so specified—(a) to restock or stock with trees the land in respect of which thenotice under section 24 was given, or such other land as thecourt considers appropriate, and(b) to maintain those trees in accordance with the rules andpractice of good forestry for a period not exceeding ten years
specified in the order.

(4)

In deciding whether to make a restocking order the court must haveregard to—(a) the interests of good forestry and agriculture and of theamenities of the district to which the restocking order would
relate, and

25

30

35

40

45

Environment Bill
Schedule 16 — Controlling the felling of trees in England

(b)

(5)

245

the desirability of promoting the establishment andmaintenance of adequate reserves of growing trees inEngland.

Section 63(3) of the Magistrates’ Courts Act 1980 (power ofmagistrates’ court to deal with person for breach of order etc) applies
in relation to a restocking order.”5Service of notices on directors of companies that have estates or interests in land
7(1) Section 30 (service of documents) is amended as follows.
(2) In subsection (2), at the end insert “or, in the case of service by theCommissioners, upon a director of the company or body”.

10(3) In subsection (3), after “clerk” insert “or director”.
Requiring information from the owner of land
8

In section 30(5) (power to require information regarding interests in land),after the second “land” insert “, and the owner of any land in England”.

SCHEDULE 17

Section 119

15(1) In this Schedule “forest risk commodity” means a commodity specified inregulations made by the Secretary of State.

20

USE OF FOREST RISK COMMODITIES IN COMMERCIAL ACTIVITYPART 1REQUIREMENTS
Meaning of “forest risk commodity”
1(2) The regulations may specify only a commodity that has been produced froma plant, animal or other living organism.
(3) The regulations may specify a commodity only if the Secretary of State
considers that forest is being or may be converted to agricultural use for the
purposes of producing the commodity.

25(4) “Forest” means an area of land of more than 0.5 hectares with a tree canopy
cover of at least 10% (excluding trees planted for the purpose of producing
timber or other commodities).
(5) In sub-paragraph (4) the reference to land includes land that is wholly or
partly submerged in water (whether temporarily or permanently).
(6) The regulations may not specify timber or timber products, within themeaning of Regulation (EU) No. 995/2010 of the European Parliament andof the Council of 20 October 2010 laying down the obligations of operators
who place timber and timber products on the market.
(7) Before making regulations under this paragraph the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

30

35

246

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 1 — Requirements(8) The requirement to consult in sub-paragraph (7) may be met by consultation
carried out before this paragraph comes into force.
Prohibition on using illegally produced commodities
2(1) A regulated person in relation to a forest risk commodity must not use that
commodity in their UK commercial activities unless relevant local laws werecomplied with in relation to that commodity.

5(2) A regulated person in relation to a forest risk commodity must not use a
product derived from that commodity in their UK commercial activities
unless relevant local laws were complied with in relation to that commodity.
(3) In this Schedule “local law”, in relation to a forest risk commodity, means
any law having effect in the country or territory where the source organism
was grown, raised or cultivated.
(4) In this Schedule “relevant local law”, in relation to a forest risk commodity,means local law—(a) which relates to the ownership of the land on which the source
organism was grown, raised or cultivated,(b) which relates to the use of that land, or(c) which otherwise relates to that land and is specified in regulations
made by the Secretary of State.
(5) The regulations may specify a local law only if it relates to the prevention offorest being converted to agricultural use.

10

15

20

(6) The “source organism” means the plant, animal or other living organism
from which the forest risk commodity was produced.
(7) Sub-paragraph (1) does not apply to the use of a forest risk commodity
where—(a) the commodity is waste (within the meaning of article 2(1) of theRenewable Transport Fuel Obligations Order 2007 (S.I. 2007/3072)),and(b) the use of the commodity is for the purpose of making renewabletransport fuel—(i) that qualifies for the issue of an RTF certificate under article
17 of that Order, and(ii) in respect of which an additional RTF certificate may be
issued under article 17A(4) of that Order.
(8) Sub-paragraph (2) does not apply to the use of a product derived from aforest risk commodity where—(a) the commodity is waste (within the meaning of article 2(1) of theRenewable Transport Fuel Obligations Order 2007 (S.I. 2007/3072)),and(b) the product is renewable transport fuel—(i) that qualifies for the issue of an RTF certificate under article
17 of that Order, and(ii) in respect of which an additional RTF certificate may be or
has been issued under article 17A(4) of that Order.

25

30

35

40

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 1 — Requirements

247

Due diligence system
3(1) A regulated person in relation to a forest risk commodity who uses that
commodity or a product derived from that commodity in their UK
commercial activities must establish and implement a due diligence system
in relation to that commodity.
(2) In this Schedule a “due diligence system”, in relation to a forest risk
commodity, means a system for—(a) identifying, and obtaining information about, that commodity,(b) assessing the risk that relevant local laws were not complied with inrelation to that commodity, and(c) mitigating that risk.
(3) The Secretary of State may by regulations make further provision about thematters in sub-paragraph (2)(a) to (c), including in particular—(a) the information that should be obtained;(b) the criteria to be used in assessing risk;(c) the ways in which risk may be mitigated.

5

10

15

Annual report on due diligence system
4(1) A regulated person in relation to a forest risk commodity who uses that
commodity or a product derived from that commodity in their UK
commercial activities must, for each reporting period, provide the relevant
authority with a report on the actions taken by the person to establish andimplement a due diligence system in relation to that commodity as requiredby paragraph 3.
(2) The report must be provided no later than 6 months after the end of thereporting period to which it relates.

2025(3) The Secretary of State may by regulations make provision—(a) about the content and form of reports under this paragraph;(b) about the manner in which reports under this paragraph are to beprovided.
(4) The relevant authority must make reports under this paragraph available tothe public in the way, and to the extent, specified in regulations made by the
Secretary of State.
(5) In this paragraph “relevant authority” means—(a) the Secretary of State, or(b) if regulations made by the Secretary of State specify another person
as the relevant authority for the purposes this paragraph, that otherperson.
(6) In this Schedule “reporting period” means—(a) the period beginning with the day on which this paragraph comesfully into force and ending with the following 31 March, and(b) each successive period of 12 months.

30

35

40

248

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 1 — Requirements

Exemption
5(1) A regulated person in relation to a forest risk commodity is exempt from thePart 1 requirements in respect of their use of that commodity, or a productderived from that commodity, in their UK commercial activities during areporting period if they satisfy the following two conditions.
(2) Condition 1 is that before the start of the period, the person gives a notice tothe relevant enforcement authority containing—(a) a declaration that the person is satisfied on reasonable grounds thatthe amount of the commodity used in their UK commercial activities
during the period will not exceed the prescribed threshold, and(b) the prescribed information.

510(3) Condition 2 is that the amount of the commodity used in the person’s UK
commercial activities during the period does not exceed the prescribed
threshold.
(4) Sub-paragraphs (5) and (6) apply where—(a) a regulated person gives a notice under sub-paragraph (2), but(b) the amount of the commodity used in the person’s UK commercial
activities during the period exceeds the prescribed threshold.
(5) If, before the relevant date, the regulated person gives a notice to therelevant enforcement authority containing the prescribed information, theperson is exempt from the Part 1 requirements in respect of their use of thecommodity, or the product derived from the commodity, in their UK
commercial activities during the part of the reporting period—(a) beginning with the start of the period, and(b) ending with the date the notice is given.

15

20

25

(6) If the regulated person does not give a notice under sub-paragraph (5), theperson is not exempt from the Part 1 requirements in respect of their use of
the commodity, or the product derived from the commodity, in their UK
commercial activities during any part of the reporting period.
(7) In this paragraph—“prescribed” means prescribed in regulations made by the Secretary ofState;“relevant date” means the date during the reporting period that theamount of the commodity used in the person’s UK commercial
activities exceeds the prescribed threshold;“relevant enforcement authority” means the enforcement authority on
which the function of receiving notices under this paragraph has
been conferred by Part 2 regulations.
(8) Regulations under this paragraph may in particular—(a) prescribe thresholds by reference to weight or volume;(b) make provision about how the amount of a forest risk commodity
used in a regulated person’s UK commercial activities (including in
relation to a forest risk commodity from which a product is derived)
is to be determined,
and regulations under paragraph (b) may include provision for determining
the amount by reference to matters determined or published by the
Secretary of State or other persons.

30

35

40

45

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 1 — Requirements

249(9) Before making regulations under this paragraph (except under subparagraph (2)(b) or (5)) the Secretary of State must consult such persons as
the Secretary of State considers appropriate.
(10) The requirement to consult in sub-paragraph (9) may be met by consultation
carried out before this paragraph comes into force.

5

Guidance
6(1) The Secretary of State may issue guidance to an enforcement authority about
the Part 1 requirements.
(2) An enforcement authority must have regard to guidance issued under subparagraph (1) when exercising its functions under Part 2 of this Schedule.

10

Meaning of “regulated person”
7(1) In this Schedule “regulated person”, in relation to a forest risk commodity,means a person (other than an individual) who carries on commercial
activities in the United Kingdom, and—(a) meets such conditions in relation to turnover as may be specified inregulations made by the Secretary of State for the purposes ofdefining who is a regulated person in relation to that forest risk
commodity, or(b) is an undertaking which is a subsidiary of another undertaking
which meets those conditions.

1520(2) Regulations under sub-paragraph (1) may make provision about how
turnover is to be determined.
(3) Before making regulations under sub-paragraph (1) the Secretary of State
must consult such persons as the Secretary of State considers appropriate.
(4) The requirement to consult in sub-paragraph (3) may be met by consultation
carried out before this paragraph comes into force.
(5) The Secretary of State may by regulations make provision for the Part 1
requirements not to apply, or to apply with modifications, in relation to aperson who becomes a regulated person for such transitional period, after
they become a regulated person, as may be specified in the regulations.

2530(6) The Secretary of State may by regulations make provision for a group ofundertakings to be treated as a regulated person, in such circumstances, forsuch purposes and to such extent as may be provided (and may modify theapplication of the Schedule accordingly).
(7) In this paragraph—“group” has the meaning given by section 474 of the Companies Act
2006;“undertaking” has the meaning given by section 1161 of that Act,and whether an undertaking is a subsidiary of another undertaking is to be
determined in accordance with section 1162 of that Act.

35

40

250

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 2 — Enforcement

PART 2
ENFORCEMENT
General power
8

The Secretary of State may by regulations (“Part 2 regulations”) makeprovision about the enforcement of requirements imposed by or under Part
1 of this Schedule (“Part 1 requirements”).

5Powers to confer functions
9(1) Part 2 regulations may include provision conferring functions on one ormore persons specified in the regulations (each of whom is an “enforcement
authority” for the purposes of this Schedule).

10(2) Part 2 regulations may include provision—(a) conferring functions involving the exercise of discretion;(b) for the functions of an enforcement authority to be exercised on its
behalf by persons authorised in accordance with the regulations.
(3) Part 2 regulations may include provision requiring an enforcement
authority—(a) to issue guidance about the exercise of its functions;(b) to consult with specified persons before issuing such guidance.

15

Monitoring compliance
10Part 2 regulations may include provision conferring on an enforcement
authority the function of monitoring compliance with Part 1 requirements.

20

Records and information
11

Part 2 regulations may include provision—(a) requiring persons on whom Part 1 requirements are imposed to keep
records;(b) requiring persons on whom Part 1 requirements are imposed toprovide records or other information to an enforcement authority;(c) requiring an enforcement authority to make reports or provide
information to the Secretary of State.

Powers of entry etc
12

25

30

(1) Part 2 regulations may include provision conferring on an enforcement
authority powers of entry, inspection, examination, search and seizure.
(2) Part 2 regulations may include provision—(a) for powers to be exercisable only under the authority of a warrant
issued by a justice of the peace, sheriff, summary sheriff or lay
magistrate;(b) about applications for, and the execution of, warrants.
(3) Part 2 regulations must secure that the authority of a warrant is required forthe exercise of any powers conferred by the regulations to—(a) enter premises by force;

35

40

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 2 — Enforcement

(b)
(c)

251

enter a private dwelling without the consent of the occupier;search and seize material.

Sanctions
13(1) Part 2 regulations may include provision—(a) for, about or connected with the imposition of civil sanctions in
respect of—(i) failures to comply with Part 1 requirements or Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) for appeals against such sanctions.
(2) Part 2 regulations must include provision to ensure that in a case where—(a) a regulated person fails to comply with a requirement in paragraph2(1) or (2) in relation to their use of a forest risk commodity or a
product derived from a forest risk commodity, but(b) an enforcement authority is satisfied that the regulated person took
all reasonable steps to implement a due diligence system in relation
to the commodity used by the person in that particular case,a civil sanction may not be imposed on the regulated person in respect of the
failure to comply.
(3) Part 2 regulations may include provision—(a) creating criminal offences punishable with a fine in respect of—(i) failures to comply with civil sanctions imposed under Part 2
regulations, or(ii) the obstruction of or failure to assist an enforcement
authority;(b) about such offences.
(4) In this paragraph “civil sanction” means a sanction of a kind for which
provision may be made under Part 3 of the Regulatory Enforcement andSanctions Act 2008 (fixed monetary penalties, discretionary requirements,
stop notices and enforcement undertakings).

14

Part 2 regulations may include provision for the imposition of sanctions ofthat kind whether or not—(a) the conduct in respect of which the sanction is imposed constitutes
an offence, or(b) the enforcement authority is a regulator for the purposes of Part 3 of
the Regulatory Enforcement and Sanctions Act 2008.

5

10

15

20

25

30

35

Charges
15

Part 2 regulations may include provision—(a) requiring persons on whom Part 1 requirements are imposed to pay
to an enforcement authority charges, as a means of recovering costs
incurred by that enforcement authority in performing its functions;(b) authorising a court or tribunal dealing with any matter relating toPart 1 requirements or Part 2 regulations to award to an enforcement
authority costs incurred by it in performing its functions in relation
to that matter.

40

45

252

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 2 — Enforcement

Consultation requirement
16(1) Before making Part 2 regulations the Secretary of State must consult any
persons the Secretary of State considers appropriate.
(2) The requirement to consult in sub-paragraph (1) may be met by consultation
carried out before this paragraph comes into force.

5

PART 3
GENERAL PROVISIONS
Review
17(1) The Secretary of State must review the effectiveness of the Part 1
requirements and any Part 2 regulations (“relevant provisions”) in
accordance with this paragraph.
(2) A review must consider in particular—(a) the amount of forest being converted to agricultural use for the
purposes of producing commodities;(b) the impact of the relevant provisions on the amount of forest being
converted to agricultural use for the purposes of producing forest
risk commodities;(c) the impact of the relevant provisions on the use of forest risk
commodities, or products derived from forest risk commodities, in
UK commercial activities where relevant local laws were notcomplied with in relation to those commodities;(d) any changes to relevant local laws in relation to forest risk
commodities.
(3) Having carried out a review the Secretary of State must lay before
Parliament, and publish, a report stating—(a) the conclusions of the review, and(b) the steps, if any, the Secretary of State intends to take to improve theeffectiveness of the relevant provisions (including whether the
Secretary of State intends to make any regulations under thisSchedule).
(4) The first review must be completed during the period—(a) beginning with the first anniversary of the first date on whichparagraphs 2 to 4 are fully in force, and(b) ending with the second anniversary of the first date on whichparagraphs 2 to 4 are fully in force.

10

15

20

25

30

35

(5) Subsequent reviews must be completed before the end of the 2 year period
beginning with the day on which the previous review was completed.
(6) A review is completed when the Secretary of State has laid and publishedthe report.
Interpretation
18(1) In this Schedule—“agricultural use” includes use for horticulture and aquaculture;40

Environment Bill
Schedule 17 — Use of forest risk commodities in commercial activity
Part 3 — General provisions

253“commercial activity” includes—(a) producing, manufacturing and processing;(b) distributing, selling, or supplying;(c) purchasing for a purpose within paragraph (a) or (b) (but notpurchasing as a consumer);“due diligence system”, in relation to a forest risk commodity, has themeaning given by paragraph 3;“enforcement authority” has the meaning given by paragraph 9;“forest” has the meaning given by paragraph 1;“forest risk commodity” has the meaning given by paragraph 1;“local law”, in relation to a forest risk commodity, has the meaning
given by paragraph 2;“Part 1 requirements” has the meaning given by paragraph 8;“Part 2 regulations” has the meaning given by paragraph 8;“regulated person”, in relation to a forest risk commodity, has themeaning given by paragraph 7;“relevant local law”, in relation to a forest risk commodity, has themeaning given by paragraph 2;“reporting period” has the meaning given by paragraph 4;“UK commercial activity” means commercial activity carried on in the
United Kingdom.
(2) References in this Schedule to a product derived from a forest risk
commodity are to a product derived from a forest risk commodity in whole
or in part (and include any product of an animal fed on a forest risk
commodity or a product derived from a forest risk commodity).

SCHEDULE 18

5

10

15

20

25

Section 133

DISCHARGE OR MODIFICATION OF OBLIGATIONS UNDER CONSERVATION COVENANTS
PART 1DISCHARGE BY UPPER TRIBUNAL
Power to discharge on application by landowner or responsible body
1(1) The Upper Tribunal may, on the application of a person bound by, or
entitled to the benefit of, an obligation under a conservation covenant byvirtue of being the holder of an estate in land, by order discharge theobligation in respect of any of the land to which it relates.
(2) The Upper Tribunal must add as party to the proceedings on an application
under sub-paragraph (1) the responsible body under the covenant.

2

30

35

(1) The Upper Tribunal may, on the application of the responsible body undera conservation covenant, by order discharge an obligation under thecovenant in respect of any of the land to which it relates.
(2) The Upper Tribunal must add as party to the proceedings on an application
under sub-paragraph (1) any person who, by virtue of being the holder of an

40

254

Environment Bill
Schedule 18 — Discharge or modification of obligations under conservation covenants
Part 1 — Discharge by Upper Tribunal

estate in land, is bound by, or entitled to the benefit of, the obligation towhich the application relates.
Deciding whether to discharge
3(1) The Upper Tribunal may exercise its power under paragraph 1(1) or 2(1) if
it considers it reasonable to do so in all the circumstances of the case.
(2) In considering whether to exercise its power under paragraph 1(1) or 2(1),the matters to which the Upper Tribunal is to have regard include—(a) whether there has been any material change of circumstance since
the making of the original agreement, in particular—(i) change in the character of the land to which the obligation
relates or of the neighbourhood of that land;(ii) change affecting the enjoyment of the land to which the
obligation relates;(iii) change affecting the extent to which performance of theobligation is, or is likely in future to be, affordable;(iv) change affecting the extent to which performance of theobligation is, or is likely in future to be, practicable;(b) whether the obligation serves any conservation purpose it had—(i) when the original agreement was entered into, or(ii) if the obligation has since been modified (whether byagreement or by the Upper Tribunal), when the obligation
was modified,as the case may be; and(c) whether the obligation serves the public good.
(3) In considering whether to exercise its power under paragraph 1(1), thematters to which the Upper Tribunal is to have regard also include—(a) whether any conservation purpose which the obligation in question
had when the original agreement was entered into could be served
equally well by an obligation relating to different land in respect ofwhich the applicant holds a qualifying estate; and(b) whether, if an order under paragraph 1(1) were made, such analternative obligation could be created by means of a conservation
covenant.
(4) In considering, for the purposes of this paragraph, affordability orpracticability in relation to performance of an obligation, change in the
personal circumstances of a person bound by the obligation is to be
disregarded.
(5) In this paragraph references to the original agreement, in relation to an
obligation under a conservation covenant, are to the agreement containing
the provision which gave rise to the obligation.

5

10

15

20

25

30

35

40

Supplementary powers
4(1) The Upper Tribunal may include in an order under paragraph 1(1) or 2(1)provision requiring the applicant to pay compensation in respect of loss ofbenefit resulting from the order.
(2) Compensation under sub-paragraph (1) shall be payable to such person atsuch time and be of such amount as the order may provide.

45

Environment Bill
Schedule 18 — Discharge or modification of obligations under conservation covenants
Part 1 — Discharge by Upper Tribunal

5255(1) The Upper Tribunal may, if it considers it reasonable to do so in connection
with the discharge under paragraph 1(1) of an obligation under aconservation covenant, include in the order discharging the obligation
provision making the discharge conditional on the entry by the applicant
and the responsible body under the covenant into a conservation covenant
agreement containing such provision as the order may specify.

5(2) The power under sub-paragraph (1) is exercisable only with the consent of
the applicant and the responsible body.
PART 2
MODIFICATION BY UPPER TRIBUNAL

10

Power to modify on application by landowner or responsible body
6(1) The Upper Tribunal may, on the application of a person bound by, or
entitled to the benefit of, an obligation under a conservation covenant byvirtue of being the holder of an estate in land, by order modify the obligationin respect of any of the land to which it relates.

15(2) The Upper Tribunal must add as party to the proceedings on an application
under sub-paragraph (1) the responsible body under the covenant.
7(1) The Upper Tribunal may, on the application of the responsible body undera conservation covenant, by order modify an obligation under the covenant
in respect of any of the land to which it relates.

20(2) The Upper Tribunal must add as party to the proceedings on an application
under sub-paragraph (1) any person who, by virtue of being the holder of an
estate in land, is bound by, or entitled to the benefit of, the obligation towhich the application relates.
8

The power under paragraph 6(1) or 7(1) does not include power to make achange to an obligation which, had it been included in the original
agreement, would have prevented the provision of the agreement whichgave rise to the obligation being provision in relation to which the conditions
in section 120(1)(a) were met.

Deciding whether to modify
9

25

30

(1) The Upper Tribunal may exercise its power under paragraph 6(1) or 7(1) if
it considers it reasonable to do so in all the circumstances of the case.
(2) In considering whether to exercise its power under paragraph 6(1) or 7(1),the matters to which the Upper Tribunal is to have regard include—(a) whether there has been any material change of circumstance since
the making of the original agreement, in particular—(i) change in the character of the land to which the obligation
relates or of the neighbourhood of that land;(ii) change affecting the enjoyment of the land to which the
obligation relates;(iii) change affecting the extent to which performance of theobligation is, or is likely in future to be, affordable;(iv) change affecting the extent to which performance of theobligation is, or is likely in future to be, practicable;

35

40

256

Environment Bill
Schedule 18 — Discharge or modification of obligations under conservation covenants
Part 2 — Modification by Upper Tribunal

(b)

(c)

whether the obligation serves any conservation purpose it had—(i) when the original agreement was entered into, or(ii) if the obligation has since been modified (whether byagreement or by the Upper Tribunal), when the obligation
was modified,as the case may be; andwhether the obligation serves the public good.

(3) In considering, for the purposes of this paragraph, affordability orpracticability in relation to performance of an obligation, change in the
personal circumstances of a person bound by the obligation is to be
disregarded.

5

10

Supplementary powers
10(1) The Upper Tribunal may include in an order under paragraph 6(1) or 7(1)provision requiring the applicant to pay compensation in respect of loss ofbenefit resulting from the order.

15(2) Compensation under sub-paragraph (1) shall be payable to such person atsuch time and be of such amount as the order may provide.
11(1) The Upper Tribunal may, if it considers it reasonable to do so in connection
with the modification under paragraph 6(1) of an obligation under aconservation covenant, include in the order modifying the obligation
provision making the modification conditional on the entry by the applicant
and the responsible body under the covenant into a conservation covenant
agreement containing such provision as the order may specify.
(2) The power under sub-paragraph (1) is exercisable only with the consent of
the applicant and the responsible body.

20

25

Effect of modification
12(1) The modification of an obligation by an order under this Part binds—(a) the parties to the proceedings in which the order is made, and(b) any person who, as respects any of the land to which themodification relates, becomes a successor of a person bound by themodification.
(2) For the purposes of sub-paragraph (1) “successor of a person bound by themodification” means a person who holds, in respect of any of the land towhich the modification relates—(a) the estate held by the person so bound when the order modifying theobligation was made, or(b) an estate in land derived (whether immediately or otherwise) fromthat estate after the order modifying the obligation was made.

30

35Interpretation
13

In this Part, references to the original agreement, in relation to an obligation
under a conservation covenant, are to the agreement containing theprovision which gave rise to the obligation.

40

257

Environment Bill
Schedule 19 — Application of Part 7 to Crown landPart 1 — General

SCHEDULE 19

Section 140

APPLICATION OF PART 7 TO CROWN LAND
PART 1
GENERAL
Application of Part 7
1

5Part 7 applies in relation to Crown land as it applies in relation to any otherland, subject to the provisions of this Schedule.

Interpretation
2(1) In this Schedule—(a) “Crown land” means land in relation which there is an estate in landof a kind listed in column 1 of the following Table, and(b) “the appropriate authority”, in relation to any Crown land, means
the authority specified in column 2 for the estate in land in question.

10

Estate in land

Appropriate authority

Estate belonging to Her
Majesty in right of the Crown(other than estate vesting as
bona vacantia)

The
Crown
EstateCommissioners or othergovernment
department
having management of the
land

15

Estate vesting in Her Majesty
in right of the Crown as bonavacantia

The Treasury Solicitor

20

Estate belonging to
Majesty in right ofprivate estates

Her
Her

A person appointed by Her
Majesty under the Royal Sign
Manual, or, if no suchappointment is made, theSecretary of State

25

Estate belonging to Her
Majesty in right of the Duchyof Lancaster

The Chancellor of the Duchyof Lancaster

Estate belonging
Duchy of Cornwall

Such person as the Duke ofCornwall, or the possessor
for the time being of the
Duchy of Cornwall, appoints

to

the

Estatebelongingtoagovernment department orheld in trust for Her Majesty
for the purposes of agovernment department

That department

30

35

258

Environment Bill
Schedule 19 — Application of Part 7 to Crown landPart 1 — General(2) References in this Schedule to Part 7 are to Part 7 of this Act (apart from thisSchedule and Schedule 20).
(3) If any question arises as to what authority is the appropriate authority inrelation to any Crown land, that question is to be referred to the Treasury,
whose decision is final.

5(4) In this paragraph the reference to Her Majesty’s private estates is to be readin accordance with section 1 of the Crown Private Estates Act 1862.
Demesne land
3(1) Where land belongs to Her Majesty in right of the Crown but is not held foran estate in fee simple absolute in possession—(a) Her Majesty in right of the Crown is to be regarded for the purposesof Part 7 and this Schedule as holding an estate in fee simple absolutein possession in the land, and(b) any estate granted or created out of the land is to be regarded for
those purposes as derived from that estate in fee simple.
(2) The land referred to in sub-paragraph (1) does not include land whichbecomes subject to escheat on the determination of an estate in fee simple
absolute in possession in the land if—(a) it is land to which an obligation under a conservation covenant
related when the estate determined, or(b) it is not land to which such an obligation related at that time and Her
Majesty in right of the Crown has not taken possession or control ofthe land, or entered into occupation of it.

10

15

20

Land subject to escheat4(1) This paragraph applies where land becomes subject to escheat on thedetermination of an estate in fee simple absolute in possession in land towhich an obligation under a conservation covenant relates.
(2) The conservation covenant is not terminated on the determination of that
estate, even though the appropriate authority has no liability in respect of
the obligation unless and until the Crown—(a) takes possession or control of the land, or enters into occupation ofit, or(b) becomes the holder of—(i) an estate granted by the Crown out of the land, or(ii) an estate in land derived (whether immediately or otherwise)from an estate falling within sub-paragraph (i).
(3) If the Crown takes possession or control of the land, or enters into
occupation of it—(a) the Crown is to be regarded for the purposes of Part 7 and thisSchedule as holding an estate in fee simple in possession in the land,and(b) that estate is to be regarded for those purposes as immediately
derived from the determined estate.
(4) If the Crown grants an estate out of the land after having previously taken
possession or control of the land, or entered into occupation of it, the estate

25

30

35

40

45

259

Environment Bill
Schedule 19 — Application of Part 7 to Crown landPart 1 — General

is to be regarded for the purposes of Part 7 and this Schedule as immediately
derived from the estate mentioned in sub-paragraph (3)(a).
(5) But if the Crown grants an estate out of the land without having previously
taken possession or control of the land, or entered into occupation of it—(a) the acts of the Crown in granting that estate are not to be regarded
for the purposes of Part 7 and this Schedule as taking possession orcontrol of the land, or entering into occupation of it, and(b) the new estate is to be regarded for those purposes as immediately
derived from the determined estate.
(6) In this paragraph and paragraph 5 “the Crown” means Her Majesty in rightof the Crown or of the Duchy of Lancaster, or the Duchy of Cornwall, as thecase may be.

510Bona vacantia
5(1) This paragraph applies where an estate in land to which an obligation of thelandowner under a conservation covenant relates vests in the Crown as bonavacantia.

15(2) The appropriate authority has no liability in respect of the obligation in
relation to any period before the Crown takes possession or control of theland or enters into occupation of it.
PART 220

CONSERVATION COVENANTS RELATING TO CROWN LAND HELD BY A PERSON OTHER THAN
THE APPROPRIATE AUTHORITY

Agreements for the purposes of section 120
6(1) If Crown land which is a qualifying estate is held by a person other than theappropriate authority, the appropriate authority may, as respects that
qualifying estate, enter into a conservation covenant agreement, in place ofthe holder of the estate.
(2) An authority that enters into such an agreement by virtue of sub-paragraph(1) is to be treated for the purposes of section 120 as the holder of thequalifying estate (instead of the person in whose place the authority is
acting).

25

30

Modification of Part 7 in relation to obligations under certain Crown conservation covenants
7(1) Paragraphs 8 to 12 modify Part 7 in its application to obligations under aconservation covenant created by an agreement entered into by virtue ofparagraph 6(1).
(2) In those paragraphs, in relation to an obligation under the conservation
covenant—“the appropriate authority” means the appropriate authority withrespect to the estate in land of the original landowner which is thequalifying estate in relation to the obligation, and“the original landowner” means the person who held the qualifying
estate when the agreement was entered into.

35

40

260

Environment Bill
Schedule 19 — Application of Part 7 to Crown landPart 2 — Conservation covenants relating to Crown land held by a person other than the appropriate authority

8

References in Part 7 to an obligation of the landowner under a conservation
covenant are to be read as references to an obligation of the appropriate
authority under the conservation covenant.

9(1) Section 125 has effect with the following modifications in its application toan obligation mentioned in paragraph 8.

5(2) In subsection (2)—(a) in paragraph (a), the reference to the landowner under the covenant
is to be read as a reference to the appropriate authority, and(b) in paragraph (b), the reference to the landowner under the covenant
is to be read as a reference to the original landowner.

10(3) In subsection (3) the reference to the landowner under the covenant is to beread as a reference to the original landowner.
(4) In subsection (4)—(a) in the opening words and in paragraph (b), the reference to thelandowner under the covenant is to be read as a reference to theappropriate authority,(b) in the opening words, the reference to a successor of that landowneris to be read as a reference to a successor of the original landowner,
and(c) in paragraph (b), the reference to land in relation to which thelandowner ceases to be the holder of the qualifying estate is to beread as a reference to land in relation to which the original
landowner ceases to be the holder of the qualifying estate.
(5) Subsection (5)(c) has effect, if the successor’s immediate predecessor was theoriginal landowner, as if the reference to the successor’s immediate
predecessor were a reference to the appropriate authority.
10

15

20

25

(1) Section 126 has effect with the following modifications in its application toan obligation of the responsible body under the conservation covenant.
(2) In subsection (1)—(a) in paragraph (a), the reference to the landowner under the covenant
is to be read as a reference to the appropriate authority, and(b) in paragraph (b), the reference to the landowner under the covenant
is to be read as a reference to the original landowner.
(3) In subsection (2) the reference to the landowner under the covenant is to beread as a reference to the original landowner.
(4) In subsection (3)—(a) in the opening words and in paragraph (b), the reference to thelandowner under the covenant is to be read as a reference to theappropriate authority,(b) in the opening words, the reference to a successor of that landowneris to be read as a reference to a successor of the original landowner,
and(c) in paragraph (b), the reference to land in relation to which thelandowner ceases to be the holder of the qualifying estate is to beread as a reference to land in relation to which the original
landowner ceases to be the holder of the qualifying estate.

30

35

40

45

Environment Bill
261
Schedule 19 — Application of Part 7 to Crown landPart 2 — Conservation covenants relating to Crown land held by a person other than the appropriate authority

11

In section 132(4)(b) and (5) the references to a successor of a person boundby the modification (where the person bound is the appropriate authority)
are to be read as references to a successor of the original landowner.

12

In Schedule 18—(a) the references in paragraphs 1(1) and 6(1) to a person bound by, or
entitled to the benefit of, an obligation under a conservation
covenant by virtue of holding an estate in land are to be read asreferences to the appropriate authority;(b) the references in paragraphs 2(2) and 7(2) to any person who by
virtue of holding an estate in land is bound by or entitled to thebenefit of an obligation are to be read as references to the appropriate
authority;(c) the references in paragraph 12(1)(b) and (2) to a successor of a personbound by the modification (where the person bound is theappropriate authority) are to be read as references to a successor of
the original landowner.

5

10

15

PART 3OTHER 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
13(1) Paragraphs 14 to 17 apply where the estate in land by virtue of which aperson is a successor of the landowner under a conservation covenant is heldby or on behalf of the Crown by a person other than the appropriate
authority.
(2) In sub-paragraph (1) “successor” (in relation to the landowner under thecovenant) means a person who holds, in respect of any of the land to which
any obligation under the covenant relates—(a) the qualifying estate, or(b) an estate in land derived (whether immediately or otherwise) fromthe qualifying estate after the creation of the covenant.

14

15

16

20

In section 125—(a) subsections (2)(b), (3) and (4) have effect as if the estate in land were
held by the appropriate authority, and(b) subsection (5)(c) has effect, in relation to a disposal of the estate inland, as if the successor’s immediate predecessor were theappropriate authority.
In section 126—(a) subsections (1)(b), (2) and (4) have effect as if the estate in land were
held by the appropriate authority, and(b) subsection (4) has effect as if the reference to the successor were areference to the appropriate authority.
(1) In section 132(4)(b) and (5) references to a successor of a person bound by themodification (where the person bound is the appropriate authority) are to beread as references to a successor of the person in whose place theappropriate authority acts.

25

30

35

40

45

262

Environment Bill
Schedule 19 — Application of Part 7 to Crown landPart 3 — Other modifications of Part 7(2) In section 132(4)(b) and (5) references to a successor of a person bound by themodification (where the person bound is not the appropriate authority) areto be read as if the estate in any of the land to which the modification relates
which is held by the person in whose place the appropriate authority acts
were held by the appropriate authority.
17

In Schedule 18—(a) the reference in paragraph 6(1) to a person bound by an obligation
under a conservation covenant by virtue of holding an estate in land
is to be read as a reference to the appropriate authority;(b) the reference in paragraph 7(2) to any person who is bound by orentitled to the benefit of an obligation by virtue of holding an estatein land is to be read as a reference to the appropriate authority;(c) the references in paragraph 12(1)(b) and (2) to a successor of a personbound by the modification (where the person bound is theappropriate authority) are to be read as references to a successor of
the person in whose place the appropriate authority is acting.

5

10

15

Agreements under section 130(1) and (3)18(1) This paragraph applies where, in respect of any of the land to which an
obligation of the landowner under a conservation covenant relates, thequalifying estate is held by or on behalf of the Crown by a person other than
the appropriate authority.

20(2) The appropriate authority may enter into an agreement under section 130(1)or (3) in place of the holder of that estate.
(3) An agreement entered into by virtue of sub-paragraph (2) is to be treated forthe purposes of section 130(4)(c) as entered into by virtue of the estate in land
held by the person in whose place the appropriate authority enters into theagreement.

25

Agreements under section 131(1)19(1) This paragraph applies if the responsible body under a conservation
covenant enters into an agreement under section 131(1) in relation to an
obligation which it owes to the other party to the agreement by virtue ofparagraph 10(2)(a) or 15(a).
(2) If the other party is entitled to the benefit of the obligation by virtue ofparagraph 10(2)(a), the reference in section 131(2)(c) to the estate in land by
virtue of which the power is exercisable is to be read as a reference to theestate in land held by the person in whose place the other party acted inentering into the agreement which gave rise to the obligation.
(3) If the other party is entitled to the benefit of the obligation by virtue ofparagraph 15(a), the reference in section 131(2)(c) to the estate in land by
virtue of which the power is exercisable is to be read as a reference to theestate in land which the other party is treated by paragraph 15(a) as holding.

30

35

40

Agreements under section 132(1)20(1) Sub-paragraph (2) applies where a person who—(a) is bound by an obligation of the landowner under the covenant byvirtue of paragraph 9(2)(a), or45

Environment Bill
Schedule 19 — Application of Part 7 to Crown landPart 3 — Other modifications of Part 7

(b)

263

is entitled to the benefit of the obligation of the responsible bodyunder a conservation covenant by virtue of paragraph 10(2)(a),exercises the power under section 132(1) to modify the obligation.

(2) The reference in section 132(3)(c) to the estate in land by virtue of which thepower is exercisable is to be read as a reference to the estate in land held by
the person in whose place the person exercising that power acted in entering
into the agreement which gave rise to the obligation.
21(1) Sub-paragraph (2) applies where a person who—(a) is bound by an obligation of the landowner under a conservation
covenant by virtue of paragraph 14(a), or(b) is entitled to the benefit of an obligation of the responsible bodyunder a conservation covenant by virtue of paragraph 15(a),exercises the power in section 132(1) to modify the obligation.
(2) The reference in section 132(3)(c) to the estate in land by virtue of which thepower is exercisable is to be read as a reference to the estate in land which
the person is treated by paragraph 14(a) or 15(a) as holding.

SCHEDULE 20

5

10

15

Section 142

CONSEQUENTIAL AMENDMENTS RELATING TO PART 7
Acquisition of Land Act 1981 (c. 67)
1
2

The Acquisition of Land Act 1981 is amended as follows.

20(1) Section 12 (notice of compulsory purchase by local and other authorities) is
amended as follows.
(2) In the title, for “and occupiers” insert “, occupiers and others”.
(3) In subsection (2)—(a) omit the “or” at the end of paragraph (a), and(b) at the end of paragraph (b) insert “, or(c) the person is entitled to the benefit of an obligation
under a conservation covenant (within the meaningof Part 7 of the Environment Act 2021) relating to theland.”

325

30(1) Paragraph 3 of Schedule 1 (notice of compulsory purchase by Ministers) is
amended as follows.
(2) In the title, for “and occupiers” insert “, occupiers and others”.
(3) In sub-paragraph (2)—(a) omit the “or” at the end of paragraph (a), and(b) at the end of paragraph (b) insert “, or(c) the person is entitled to the benefit of an obligation
under a conservation covenant (within themeaning of Part 7 of the Environment Act 2021)
relating to the land.”

35

40

264

Environment Bill
Schedule 20 — Consequential amendments relating to Part 7

Housing and Planning Act 2016 (c. 22)
45

The Housing and Planning Act 2016 is amended as follows.
(1) Section 203 (power to override easements and other rights) is amended asfollows.
(2) In subsections (1)(b) and (4)(b)—(a) the words after “breaching” become sub-paragraph (i), and(b) after that sub-paragraph insert “, or(ii) an obligation under a conservation covenant.”(3) In subsection (10)—(a) omit the “or” at the end of paragraph (a), and(b) at the end of paragraph (b)(ii) insert “, or(c) a breach of an obligation under a conservation
covenant owed to the National Trust.”

6(1) Section 204 (compensation for overridden easements etc) is amended asfollows.

5

10

15

(2) In subsection (1), after “section 203” insert “(1)(a) or (b)(i) or (4)(a) or (b)(i)”.
(3) After subsection (1) insert—“(1A)
7

But a person is not liable to pay compensation under this section forbreaching an obligation under a conservation covenant.”

In section 205(1) (interpretation), at the appropriate place insert—““obligation under a conservation covenant” has the same
meaning as in Part 7 of the Environment Act 2021;”.

20

Neighbourhood Planning Act 2017 (c. 20)
8

The Neighbourhood Planning Act 2017 is amended as follows.

9

In section 20 (notice requirements relating to taking temporary possession),at the end insert—
“(10)

10

11

For the purposes of subsection (1), a person entitled to the benefit ofan obligation under a conservation covenant is to be treated ashaving an interest in the land to which the obligation relates.”

In section 23 (compensation), after subsection (5) insert—
“(5A)

25

30

For the purposes of subsections (2) and (3), the person is not entitled
to compensation under this section by virtue of being the person
entitled to the benefit of an obligation under a conservation
covenant.”(1) Section 27 (powers of acquiring authority in temporary possession of land)
is amended as follows.
(2) In subsection (3)—(a) omit the “or” at the end of paragraph (a), and(b) at the end of paragraph (b), insert “, or(c) causing a person to be in breach of an obligation
under a conservation covenant relating to the land.”35

40

Environment Bill
Schedule 20 — Consequential amendments relating to Part 7

265(3) After subsection (4) insert—“(4A)

The acquiring authority is not bound by an obligation under aconservation covenant relating to the land by virtue of acquiring aright to use the land under this section.”(4) In subsection (6)—(a) omit the “or” at the end of paragraph (a), and(b) at the end of paragraph (b), insert “, or(c) a use of land that causes a person (or, if the person
were to permit or suffer the use, would cause theperson) to be in breach of an obligation under aconservation covenant relating to the land owed to
the National Trust.”
12

In section 30 (interpretation), at the appropriate place, insert—““obligation under a conservation covenant” has the same
meaning as in Part 7 of the Environment Act 2021;”.

SCHEDULE 21

5

10

15

Section 143

AMENDMENT OF REACH LEGISLATION
Amendment of the REACH Regulation
1(1) The Secretary of State may by regulations amend the REACH Regulation.
(2) The Secretary of State may make regulations under this paragraph only if
the Secretary of State considers that the provision made by the regulations is
consistent with Article 1 of the REACH Regulation (aim and scope of the
REACH Regulation).
(3) The Secretary of State may not make regulations under this paragraphwhich amend any protected provision of the REACH Regulation.

2025(4) But sub-paragraph (3) does not prevent any protected provision of the
REACH Regulation from being amended by provision made under thisparagraph by virtue of section 146(1)(a).
(5) Before making regulations under this paragraph, the Secretary of State must
publish an explanation of why the Secretary of State considers that theprovision to be made by the regulations is consistent with Article 1 of the
REACH Regulation.
(6) The explanation relating to regulations under this paragraph is to be
published—(a) no later than the time when the Secretary of State begins theconsultation on that exercise of the power that is required byparagraph 5, and(b) in the manner which the Secretary of State considers appropriate.
(7) Regulations under this paragraph are subject to the affirmative procedure.

30

35

266

Environment Bill
Schedule 21 — Amendment of REACH legislation

Amendment of the REACH Enforcement Regulations 2008
2

(1) The Secretary of State or a relevant devolved authority may by regulations
amend the REACH Enforcement Regulations 2008 (S.I. 2008/2852).
(2) The Secretary of State or a relevant devolved authority may makeregulations under this paragraph only if the Secretary of State or theauthority considers that the provision made by the regulations is necessary
or appropriate for, or in connection with, enforcement of the REACH
Regulation.
(3) The provision that may be made by regulations under this paragraphincludes—(a) provision creating, or widening the scope of, a criminal offence;(b) provision specifying the punishment for a criminal offence.
(4) But regulations under this paragraph may not provide for a criminal
offence—(a) under the law of England and Wales to be—(i) punishable on conviction on indictment with imprisonment
for more than two years, or(ii) punishable on summary conviction with imprisonment for
more than the prescribed term for England and Wales or witha fine that is calculated on a daily basis of more than £100 aday;(b) under the law of Scotland to be—(i) punishable on conviction on indictment with imprisonment
for more than two years, or(ii) punishable on summary conviction with imprisonment for
more than the prescribed term for Scotland or with a fine ofmore than the applicable maximum for Scotland (if notcalculated on a daily basis) or a fine of more than £100 a day;(c) under the law of Northern Ireland to be—(i) punishable on conviction on indictment with imprisonment
for more than two years, or(ii) punishable on summary conviction with imprisonment for
more than three months or with a fine of more than level 5 on
the standard scale (if not calculated on a daily basis) or a fineof more than £100 a day.
(5) In sub-paragraph (4)—“applicable maximum for Scotland” means—(a) level 5 on the standard scale, where the offence is a summary
offence;(b) the statutory maximum, where the offence is triable eitherway;“prescribed term for England and Wales” means—(a) 51 weeks, where the offence is a summary offence;(b) 12 months, where the offence is triable either way;“prescribed term for Scotland” means—(a) 3 months, where the offence is a summary offence;(b) 12 months, where the offence is triable either way.

5

10

15

20

25

30

35

40

45

Environment Bill
Schedule 21 — Amendment of REACH legislation

267(6) But, in the definition of “prescribed term for England and Wales” in subparagraph (5)—(a) the reference to 51 weeks is to be read, until the commencement ofsection 281(5) of the Criminal Justice Act 2003, as a reference to 3
months;(b) the reference to 12 months is to be read, until the commencement ofsection 282(3) of the Criminal Justice Act 2003, as a reference to 3
months.
(7) Regulations under this paragraph—(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of Senedd Cymru, would be within thelegislative competence of the Senedd;(b) made by the Scottish Ministers, may contain only provision which, if
contained in an Act of the Scottish Parliament, would be within thelegislative competence of the Parliament;(c) made by the Department of Agriculture, Environment and Rural
Affairs or the Department for the Economy in Northern Ireland may
contain only provision which, if contained in an Act of the Northern
Ireland Assembly, would be within the legislative competence of theAssembly and would not require the Secretary of State’s consent.

5

10

15

20

(8) Regulations under this paragraph are subject to the affirmative procedure.
Consent of the devolved administrations
3(1) The power of the Secretary of State to make regulations under this Schedule
is subject to the consent requirement in Article 4A of the REACH Regulation.
(2) Accordingly, in Article 4A(1) of the REACH Regulation, the reference to the
REACH Regulation is to be read as including a reference to this Schedule.

25

Requests by devolved administrations for exercise of powers under this Schedule
4

The Secretary of State must consider any request made by a relevant
devolved authority for the Secretary of State to make regulations under thisSchedule.

30

Consultation
5(1) Before making regulations under this Schedule the Secretary of State must
consult—(a) the Agency,(b) any person nominated by a relevant devolved authority as aconsultee for the consultation in question, and(c) such other persons the Secretary of State considers appropriate.

35(2) The nomination of a person as a consultee by a relevant devolved authority
is to be made by that authority to the Secretary of State.
(3) Before making regulations under paragraph 2 a relevant devolved authority
must consult—(a) the Agency, and(b) such other persons that authority considers appropriate.

40

268

Environment Bill
Schedule 21 — Amendment of REACH legislation

The protected provisions
6

In paragraph 1 “protected provision of the REACH Regulation” means anyof the provisions of the REACH Regulation set out in the following table—
Fundamental principles
Article 1 (aim and scope of the REACH Regulation)

5

Article 5 (the principle of “no data, no market”)
Article 25(1) (animal testing as a last resort)
Article 35 (access to information for workers)
Article 45 (evaluation of substances on the rolling action plan)
Article 48 (follow-up to substance evaluation)

10

Article 55 (the aim of Title VII, which is about authorisation of substances)
Article 67(1) (effect of restrictions contained in Annex XVII)Article 92 or 93 (appeals)
Article 111, first subparagraph (formats and software for submission of
information to the Agency)

15

Article 123 (communication to the public of information on risks ofsubstances)
Role of the devolved administrations
Article 4A (the consent requirement)
Article 129(1) (the safeguard clause: basic principles)

20

Transparency
Article 54 (publication of information on evaluation)
Article 64(6) (publication of Agency authorisation opinions)
Article 72(2) (publication of Agency restriction opinions)
Article 77(A4) (Agency to act in a way that ensures a high degree oftransparency) and (2)(e) (database(s) of registered substances)25

Article 109 (general rules on transparency for the Agency)
Collaboration between the Agency and other bodies
Article 95 (conflicts of opinion with other bodies)
Article 108 (contacts with stakeholder organisations)
Article 110 (relations with relevant public bodies)
Annexes
The Annexes

30Environment Bill
Schedule 21 — Amendment of REACH legislation

269

Other interpretation
7

In this Schedule—“Agency” has the same meaning as in the REACH Regulation (seeArticle 2A of the Regulation);“REACH Regulation” means Regulation (EC) No 1907/2006 of theEuropean Parliament and of the Council concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals (REACH),
establishing a European Chemicals Agency;“relevant devolved authority” means—(a) the Scottish Ministers,(b) the Welsh Ministers, or(c) the Department of Agriculture, Environment and Rural
Affairs or the Department for the Economy in Northern
Ireland.

5

10

Environment BillA

BILL
[AS AMENDED ON REPORT]
To make provision about targets, plans and policies for improving the naturalenvironment; for statements and reports about environmental protection; for the
Office for Environmental Protection; about waste and resource efficiency; about air
quality; for the recall of products that fail to meet environmental standards; aboutwater; about nature and biodiversity; for conservation covenants; about theregulation of chemicals; and for connected purposes.

Brought from the Commons on 26th May 2021

Ordered to be Printed, 15th September 2021

© Parliamentary copyright House of Lords and House of Commons 2021
This publication may be reproduced under the terms of the Open Parliament Licence, which is published atwww.parliament.uk/site-information/copyright
PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS

HL Bill 53

58/2