Introduction

After a long journey through Parliament, the Environment Act was finally given Royal Assent on 9 November 2021. The Act is intended to signal the seriousness of the Government’s commitment to environmental protection after Brexit and to ensure that there is no environmental governance gap now that the UK has left the EU.

Some of the provisions of the Act are already in effect and regulations have set out when many of the remaining provisions will be brought into force (see here for details).

• Read about new environmental governance mechanisms, including a statutory requirement to maintain an Environmental Improvement Plan, a policy statement on the application of environmental principles by Ministers in policy making and new long-term environmental targets.
• We introduce the new Office for Environmental Protection , already set up in England, to be responsible for taking action in relation to serious breaches of environmental law. The OEP’s scrutiny and advisory functions will include the monitoring of the Government’s progress on environmental improvement.
• There are provisions for biodiversity enhancement explained, including a future requirement for developments to secure a 10% net gain in biodiversity, whether on-site or at registered off-site locations, or through the purchase of credits. The Government is currently consulting on the detail of these provisions – read more here.
• In order to aid the Government in meeting its waste commitments set out in the Resources and Waste Strategy 2018, the Act includes new provisions together with amendments to existing environmental legislation concerning waste and resource efficiency.

The Act largely takes effect in England, although some provisions will or can apply in respect of Wales, Scotland and/or Northern Ireland.

For its critics, there are missed opportunities. There are concerns in particular about the independence of the Office for Environmental Protection and its ability to hold the Government to account. Other amendments voted against include greater protection for ancient woodland and limitations on the power to water down habitat regulations in the future.

We will be monitoring the implementation of the Act and associated regulations in the months and years to come.

Kind regards,

Claire Fallows Partner Real Estate +44 (0)20 7427 1046 claire.fallows@crsblaw.com