Air quality, water & trees

The Act also takes the opportunity to extend and introduce new powers relating to air quality, the water environment, forest risk commodities and to the felling of trees.

These will largely impact local authorities, water companies and sewerage undertakers. However, other provisions could affect businesses operating in certain areas and even individuals. These provisions are partly in force.

Forestry and street trees

• There are to be minor amendments to the Forestry Act 1967 to help tackle illegal felling – felling licences are required to fell trees unless exemptions apply (including within gardens or for the purposes of certain development). Once in force, the amendments will relate the fines that can be imposed for felling trees without licence. They require enforcement notices and restocking notices (compelling the restocking of land with trees and their future maintenance) to become local land charges (and therefore apparent to purchasers on sale of land). Such purchasers may also be served with restocking notices.
• There are new requirements on local highway authorities to consult the public before felling trees on urban roads. This follows concerns regarding the removal of street trees by certain authorities to ease their maintenance burden.

‘Forest risk’ commodities

• Once in force, there will be new requirements for larger businesses in the UK that use agricultural commodities associated with wide-scale conversion of forest (‘forest risk’ commodities – to be specified in regulations). Those business will be required to tackle illegal deforestation in their supply chains.
• Affected businesses will be prohibited from using in their UK commercial activities forest risk commodities produced on land that was illegally occupied or used. They will need to carry out due diligence on their supply chain and prepare annual reports. The Secretary of State will be required to report to Parliament on the effectiveness of the new provisions. Further details are to be set out in regulations.

Air quality

• From May 2022, the Act will strengthen existing duties under the Environment Act 1995 on action plans relating to Air Quality Management Areas, by requiring greater collaboration between authorities in their creation. The Secretary of State will be required to review the National Air Quality Strategy at least every five years and to report to Parliament on progress to deliver air quality objectives and standards.
• There are also new powers coming into force in May 2022 to issue civil financial penalties instead of pursuing criminal prosecutions for emission of smoke from buildings in smoke control areas under the Clean Air Act 1993. The aim is to make enforcement quicker and easier. Smoke from private dwellings in smoke control areas could not previously constitute a statutory nuisance – this exemption has been removed in England, allowing local authorities to take action where the smoke is prejudicial to human health or causing a nuisance.
• Following the 2015 scandal where it became apparent that vehicles on the road were emitting more NOx than emissions tests suggested, at a date not yet determined, the Government is to have new powers to compel a recall of vehicles, components or engines for reasons of environmental failure through ‘compulsory recall notices’.