Environment Bill Explanatory Notes

ENVIRONMENT BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 January 2020 (Bill 9). • These Explanatory Notes have been prepared by the Department for Environment, Food and Rural Affairs (Defra) in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. • These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. • These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. Bill 9–EN 58/1 Table of Contents Subject Page of these Notes Overview of the Bill 9 Policy background 13 Exiting the European Union (EU) 13 Part 1: Environmental Governance 13 Part 2: Environmental Governance: Northern Ireland 14 Part 3: Waste and Resource Efficiency 15 Part 4: Air Quality and Environmental Recall 16 Part 5: Water 17 Part 6: Nature and Biodiversity 18 Part 7: Conservation Covenants 19 Part 8: Miscellaneous and General Provisions 19 Legal background 20 Territorial extent and application 21 Commentary on provisions of Bill 22 Part 1: Environmental Governance 22 Chapter 1: Improving the natural environment 22 Clause 1: Environmental targets 22 Clause 2: Environmental targets: particulate matter 23 Clause 3: Environmental targets: process 23 Clause 4: Environmental targets: effect 24 Clause 5: Environmental targets: reporting duties 24 Clause 6: Environmental targets: review 25 Clause 7: Environmental improvement plans 25 Clause 8: Annual reports on environmental improvement plans 26 Clause 9: Reviewing and revising environmental improvement plans 27 Clause 10: Reviewing and revising plans: interim targets 28 Clause 11: Reviewing and revising plans: other requirements 29 Clause 12: Renewing environmental improvement plans 30 Clause 13: Renewing plans: interim targets 30 Clause 14: Renewing plans: other requirements 31 Clause 15: Environmental monitoring 31 Clause 16: Policy statement on environmental principles 32 Clause 17: Policy statement on environmental principles: process 33 Clause 18: Policy statement on environmental principles: effect 34 Clause 19: Statements about Bills containing new environmental law 35 Clause 20: Reports on international environmental protection legislation 36 Chapter 2: The Office for Environmental Protection 36 Clause 21: The Office for Environmental Protection 36 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 January 2020 (Bill 9) 1 1 Clause 22: Principal objective of the OEP and exercise of its functions 36 Clause 23: The OEP’s strategy: process 38 Clause 24: Co-operation duties of public authorities and the OEP 39 Clause 25: Monitoring and reporting on environmental improvement plans and targets 40 Clause 26: Monitoring and reporting on environmental law 41 Clause 27: Advising on changes to environmental law etc. 41 Clause 28: Failure of public authorities to comply with environmental law 42 Clause 29: Complaints 43 Clause 30: Investigations 45 Clause 31: Duty to keep complainants informed 46 Clause 32: Information notices 47 Clause 33: Decision notices 48 Clause 34: Linked notices 49 Clause 35: Environmental review 50 Clause 36: Judicial review: powers to apply to prevent serious damage and to intervene 53 Clause 37: Duty of the OEP to involve the relevant Minister 54 Clause 38: Public statements 55 Clause 39: Disclosures to the OEP 55 Clause 40: Confidentiality of proceedings 56 Chapter 3: Interpretation of Part 1 57 Clause 41: Meaning of “natural environment” 57 Clause 42: Meaning of “environmental protection” 57 Clause 43: Meaning of “environmental law” 57 Clause 44: Interpretation of Part 1: general 59 Part 2: Environmental Governance: Northern Ireland 59 Clause 45: Improving the natural environment: Northern Ireland 59 Clause 46: The Office for Environmental Protection: Northern Ireland 59 Part 3: Waste and Resource Efficiency 59 Clause 47: Producer responsibility obligations 59 Clause 48: Producer responsibility for disposal costs 60 Clause 49: Resource efficiency information 60 Clause 50: Resource efficiency requirements 61 Clause 51: Deposit schemes 61 Clause 52: Charges for single use plastic items 62 Clause 53: Charges for carrier bags 62 Clause 54: Separation of waste 62 Clause 55: Electronic waste tracking: Great Britain 69 Clause 56: Electronic waste tracking: Northern Ireland 71 Clause 57: Hazardous waste: England and Wales 73 Clause 58: Hazardous waste: Northern Ireland 75 Clause 59: Transfrontier shipments of waste 76 Clause 60: Regulations made under the Environmental Protection Act 1990 78 Clause 61: Powers to make charging schemes 80 Clause 62: Waste charging: Northern Ireland 80 Clause 63: Enforcement powers 82 Clause 64: Enforcement powers: Northern Ireland 82 Clause 65: Littering enforcement 82 Clause 66: Fixed penalty notices 83 Clause 67: Regulation of polluting activities 84 Clause 68: Waste regulation: amendment of Northern Ireland Order 84 Part 4: Air Quality and Environmental Recall 85 Clause 69: Local air quality management framework 85 Clause 70: Smoke control areas: amendments of the Clean Air Act 1993 85 Clause 71: Environmental recall of motor vehicles etc. 86 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 January 2020 (Bill 9) 2 2 Clause 72: Compulsory recall notices 86 Clause 73: Further provision about regulations under section 71 86 Clause 74: Interpretation of sections 71 to 73 87 Part 5: Water 87 Clause 75: Water resources management plans, drought plans and joint proposals 87 Clause 76: Drainage and sewerage management plans 90 Clause 77: Authority’s power to require information 92 Clause 78: Water and sewerage undertakers in England: modifying appointments 93 Clause 79: Electronic service of documents 96 Clause 80: Water abstraction: no compensation for certain licence modifications 97 Clause 81: Water quality: powers of Secretary of State 99 Clause 82: Water quality: powers of Welsh Ministers 99 Clause 83: Water quality: powers of Northern Ireland department 99 Clause 84: Solway Tweed river basin district: power to transfer functions 100 Clause 85: Water quality: interpretation 100 Clause 86: Valuation of other land in drainage district: England 100 Clause 87: Valuation of other land in drainage district: Wales 101 Clause 88: Valuation of agricultural land in drainage district: England and Wales 101 Clause 89: Disclosure of Revenue and Customs information 102 Part 6: Nature and Biodiversity 103 Clause 90: Biodiversity gain as condition of planning permission 103 Clause 91: Biodiversity gain site register 103 Clause 92: Biodiversity credits 104 Clause 93: General duty to conserve and enhance biodiversity 104 Clause 94: Biodiversity reports 106 Clause 95: Local nature recovery strategies for England 107 Clause 96: Preparation of local nature recovery strategies 108 Clause 97: Content of local nature recovery strategies 109 Clause 98: Information to be provided by the Secretary of State 110 Clause 99: Interpretation 111 Clause 100: Controlling the felling of trees in England 111 Clause 101: Local highway authorities in England to consult before felling street trees 112 Part 7: Conservation Covenants 113 Clause 102: Conservation covenants agreements 113 Clause 103: Conservation covenants 113 Clause 104: Responsible bodies 114 Clause 105: Local land charge 114 Clause 106: Duration of obligation under conservation covenant 115 Clause 107: Benefit and burden of obligation of landowner 115 Clause 108: Benefit of obligation of responsible body 116 Clause 109: Breach of obligation 117 Clause 110: Enforcement of obligation 117 Clause 111: Defences to breach of obligation 117 Clause 112: Discharge of obligation of landowner by agreement 118 Clause 113: Discharge of obligation of responsible body by agreement 118 Clause 114: Modification of obligation by agreement 118 Clause 115: Discharge or modification of obligation by Upper Tribunal 119 Clause 116: Power of responsible body to appoint replacement 119 Clause 117: Body ceasing to be a responsible body 120 Clause 118: Effect of acquisition or disposal of affected land by responsible body 120 Clause 119: Effect of deemed surrender and re-grant of qualifying estate 121 Clause 120: Declarations about obligations under conservation covenants 121 Clause 121: Duty of responsible bodies to make annual return 121 Clause 122: Crown application 122 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 January 2020 (Bill 9) 3 3 Clause 123: Index of defined terms in Part 7 122 Clause 124: Consequential amendments relating to Part 7 122 Part 8: Miscellaneous and General Provisions 122 Clause 125: Amendment of REACH legislation 122 General provisions 122 Clause 126: Consequential provision 122 Clause 127: Regulations 123 Clause 128: Crown application 123 Clause 129: Financial provisions 123 Clause 130: Extent 123 Clause 131: Commencement 123 Clause 132: Transitional or saving provision 124 Clause 133: Short title 124 Schedule 1: The Office for Environmental Protection 124 Membership 124 Appointment of non-executive members 124 Appointment of executive members 125 Interim chief executive 125 Terms of membership 125 Remuneration of non-executive

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