Timeline for provisions to take legal effect

2022

30 September 2022

The provisions set out in Regulation 5 of the 2022 Regulations to come into force

Part 7 (conservation covenants) and related Schedules 18 (discharge or modification of obligations under conservation covenants), Schedule 19 (application of Part 7 to Crown land) and 20 (consequential amendments relating to Part 7).

September

May

1 May 2022

The provisions set out in Regulation 4 of the 2022 Regulations to come into force

Provisions under Part 4 (Air Quality and Environmental Recall):

  • local air quality management framework;
  • smoke control areas: amendments of the Clean Air Act 1993

1 April 2022

The provisions set out in Regulation 3 of the 2022 Regulations to come into force

Section 21 of the Act – reports on international environmental protection legislation

April

17 January 2022

The Environment Act 2021 (Commencement No. 2 and Saving Provision) Regulations 2022 (the 2022 Regulations) was made setting out a timeline for further provisions to come into force.

9 January 2022

The provisions set out in s147(2) of the Act came into force (in some cases, only partially in force in England and Wales)

Provisions under Part 3 (Waste and Resource Efficiency) and Part 5 (Water) including:

  • producer responsibility for disposal costs;
  • resource efficiency information and requirements;
  • deposit schemes, charges for single use items, and carrier bag charges;
  • electronic waste tracking;
  • enforcement powers;
  • regulation of polluting activities;
  • storm overflows (and reporting on the elimination of discharges form the same)
  • water abstraction in England;
  • water quality, except so far as relating to legislation within section 89(2)(d) to (f) and any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018;
  • disclosure of HMRC information

January

24 January 2022

The provisions set out in Regulation 2 of the 2022 Regulations came into force

Provisions under Parts 1 (Environmental Governance), 2 (OEP), 3 (Waste and Resource Efficiency), 5 (Water), and 6 (Nature and Biodiversity):

  • environmental targets, improvement plans and monitoring;
  • guidance on the OEP’s enforcement policy and functions, co-operation duties of public authorities and the OEP, the OEP’s scrutiny and advice functions, enforcement functions and information;
  • producer responsibility obligations (so far as relating to England);
  • hazardous waste (so far as relating to England);
  • transfrontier shipments of waste;
  • powers to make charging schemes (so far as relating to the Environment Agency);
  • water and sewerage undertakers in England: modifying appointments;
  • local nature recovery strategies, protected site strategies, Habitats Regulations)

9 November 2021

Environment Act 2021 received royal assent and came into force

Section 63 (procedure for regulations under the Environmental Protection Act 1990) and Part 8 (miscellaneous and general provisions) came into effect at the same time (save for section 140 and Schedule 21 in respect of the relevant Northern Ireland department to make regulations under paragraph 2 of that Schedule)

November

2021

17 November 2032

The Environment Act 2021 (Commencement No. 1) Regulations 2021 came into force

Brought into force provisions under the Act relating to the establishment of the OEP

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© Charles Russell Speechlys 2021. Solicitors Regulation Authority number 420625.