ENVIRONMENT BILL

The Environment Bill is central to the Government’s legislative programme announced in the 2019 Queen’s Speech. This Bill presents proposed policies on environmental topics including air quality, biodiversity, waste and water resources. Issues arising from the UK’s departure from the EU are also addressed by the Bill.

Environmental Targets, Improvement Plans and Policy Statement (England and Wales only)

Regulations may set environmental targets with specified outcomes and deadlines for up to 15 years in the future. A target must be set for annual mean levels of PM2.5 in ambient air.

An environmental improvement plan must be implemented by the Secretary of State covering at least 15 years, and the existing 25 year environment plan is accepted for this purpose. Monitoring must be undertaken against the improvement plan.

A policy statement must be prepared by the government setting out environmental principles for policymaking.

Office of Environmental Protection (OEP)

The Bill would establish the OEP, which would be required to advise on, monitor and enforce the implementation of environmental law and environmental improvement plans. Powers to monitor and report on environmental improvement plans and targets will apply in England, Wales and Northern Ireland only.

The OEP would enforce possible breaches of environmental law by public authorities and may investigate complaints received. The OEP may obtain information from public authorities and issue decisions requiring the authority to take specific action. The bill does not include a power to fine policymakers.

Waste (UK)

Extended producer responsibility will apply to parties placing packaging or packaged products on the market. These will require these companies to pay sums reflecting the cost of collection, transport, management and administration of waste. This builds upon existing producer responsibility requirements for packaging waste.

The Bill also includes powers to require the prevention and redistribution of waste under existing producer responsibility obligations on packaging waste.

The Bill includes powers to require the use of electronic waste tracking systems by any person that imports, produces, carries, keeps, treats or disposes of controlled waste.

Waste (England, Wales & Northern Ireland only)

National authorities may establish deposit schemes to increase recycling and reuse or reduce littering and fly-tipping. Collectors of items subject to these schemes would refund deposits and be responsible for the recycling, reuse or disposal (as applicable) of these items.

The Climate Change (Scotland) Act 2009 already enables the introduction of deposit schemes in Scotland.

Charges may also be applied on single use plastic items. Regulations would define the products these charges apply to and the rate of charges.

Waste (England & Wales only)

Waste enforcement powers will be extended. This will; include further powers to search and seize vehicles, require the removal of waste at the holder’s cost and entry and search powers regarding pollution control.

Regulations may also be made restricting activities involving hazardous waste or requiring certain actions to be taken, including regarding records. Civil sanctions may be applied for failures to deliver these duties.  

Waste (England only)

Separation collections of recyclable materials will be required from non-domestic premises and households.

Recyclable waste (glass, metal, plastic, paper, card and food waste) must be segregated to permit recycling or composting, unless it is not practicable to collect them separately or if segregation has no significant environmental benefit.

Where two or more recyclable streams are collected on a co-mingled basis, waste collectors will be required to prepare a written statement of why this is compliant.

Resource Efficiency (UK)

Resource efficiency standards may be set for certain products. Standards may include how products were manufactured, their expected life, resource consumption during life-span, whether they may be upgraded, repaired or maintained and how products may be managed as waste.

Resource efficiency information may also be required for certain products. This information could be used for example in labelling or classification schemes.

Air Quality (England only)

Local air quality management legislation will be updated in England. This aims to ensure cooperation between public bodies and local government. Action plans must be implemented for areas designated under local air quality management plans.

Financial penalties up to £300 will be introduced for smoke emissions within smoke control areas. The acquisition and sale of solid fuel not approved for smoke control areas will also be an offence.

Vehicle Recall (UK)

Vehicle manufacturers may be ordered to recall vehicles that fail to meet environmental standards, unless a voluntary recall is carried out.

Drainage and Sewerage (England & Wales only)

Sewerage undertakes will be required to prepare and maintain drainage and sewerage management plan. This plan must set out how current and future demands on the system will be met and actions required. This will be delivered through amendments to the Water Industry Act 1991.

The Land Drainage Act 1991 will be amended to apply a consistent methodology for land drainage valuation calculations This is in order to support the expansion or creation of new internal drainage boards.

Water Abstraction (England only)

The Water Resources Act 1991 will be amended to enable the Environment Agency to modify abstraction licences without providing compensation on certain circumstances:

• To protect the environment: from 1 January 2028 abstraction licences may be revoked or varied as necessary.
• To remove excess headroom: from 1 January 2028 the quantity of water abstracted under the licence may be reduced where:
  • Less than 75% of the authorised quantity has not been abstracted in the preceding 12 years; and
  • Variations will not reduce the quantity of water below the level the licence holder reasonably required.

Water Framework Directive (UK)

Regulations implementing the Water Framework Directive 2000/60/EC may be amended to revise parameters to determine the chemical status of surface and groundwater. New or revised standards may be applied.

Nature and Biodiversity (England only)

Public authorities have a duty to ‘have regard’ to conserving biodiversity under the Natural Environment and Rural Communities Act 2006. The Bill will extend this to include a duty to conserve and enhance biodiversity.

Public authorities will be required to prepare ‘biodiversity reports’, setting out actions taken and actions to be taken on biodiversity. These plans will need to be updated at least every three years.

Local nature recovery strategies must be developed by local authorities. These strategies must identify biodiversity priorities, improvement actions and describing biodiversity and habitats present.

Biodiversity Net Gain (England)

New developments will be required to enhance biodiversity. This will be delivered through amendments to the Town and Country Planning Act 1990.

The ‘biodiversity net gain’ principle will be required via conditions on planning permission. This condition will only allow development to commence once a biodiversity gain plan has been submitted to and accepted by the planning authority.

Biodiversity gain plans must set out actions to be taken to enhance onsite habitats and/or registered offsite biodiversity gains attached to the development. The post-development biodiversity value associated with the development must exceed the pre-development value by at least 10%.

Controlling Felling of Trees (England only)

Local highway authorities will be required to consult members of the public before felling street trees, unless for example below a threshold size, dead or dangerous.

Conservation Covenants (England & Wales only)

Conservation Covenants will be introduced. These legally-binding covenants will enable landowners to reach voluntary agreements with ‘responsible bodies’ (e.g. conservation charities) to do (or not do) something with the land to deliver conservation benefits.

REACH (UK)

The REACH Regulation (EC) No 1907/2006 will be retained as UK law post-Brexit. The Environment Bill includes powers to amend this legislation, supporting the implementation of a UK chemicals regime after Exit Day.

ENVIRONMENT (LEGISLATIVE FUNCTIONS FROM DIRECTIVES) (EU EXIT) REGULATIONS 2019

The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 will come into force on the date the UK leaves the EU (Exit Day).

What will be updated?

The 2019 regulations transfer powers previously held by the European Commission or other EU authorities to national authorities in England, Wales, Scotland and Northern Ireland.

The retained functions may be used via the respective authority making regulations and are summarised below. Consultations must be undertaken before any regulations are made using these powers.