ENVIRONMENT BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Environment Bill as brought from the House of Commons on 26 May 2021 (HL Bill 16). • 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. HL Bill 16–EN 58/2 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 20 Legal background 20 Territorial extent and application 21 Commentary on provisions of Bill 23 Part 1: Environmental Governance 23 Chapter 1: Improving the natural environment 23 Clause 1: Environmental targets 23 Clause 2: Environmental targets: particulate matter 24 Clause 3: Environmental targets: process 24 Clause 4: Environmental targets: effect 25 Clause 5: Environmental targets: reporting duties 25 Clause 6: Environmental targets: review 26 Clause 7: Environmental improvement plans 26 Clause 8: Annual reports on environmental improvement plans 28 Clause 9: Reviewing and revising environmental improvement plans 28 Clause 10: Reviewing and revising plans: interim targets 29 Clause 11: Reviewing and revising plans: other requirements 30 Clause 12: Renewing environmental improvement plans 31 Clause 13: Renewing plans: interim targets 31 Clause 14: Renewing plans: other requirements 32 Clause 15: Environmental monitoring 32 Clause 16: Policy statement on environmental principles 33 Clause 17: Policy statement on environmental principles: process 34 Clause 18: Policy statement on environmental principles: effect 35 Clause 19: Statements about Bills containing new environmental law 36 Clause 20: Reports on international environmental protection legislation 37 Chapter 2: The Office for Environmental Protection 37 Clause 21: The Office for Environmental Protection 37 Clause 22: Principal objective of the OEP and exercise of its functions 37 Clause 23: The OEP’s strategy: process 39 These Explanatory Notes relate to the Environment Bill as brought from the House of Commons on 26 May 2021 (HL Bill 16) 1 1 Clause 24: Guidance on the OEP’s enforcement policy and functions 40 Clause 25: Memorandum of understanding 40 Clause 26: Co-operation duties of public authorities and the OEP 40 Clause 27: Monitoring and reporting on environmental improvement plans and targets 41 Clause 28: Monitoring and reporting on environmental law 42 Clause 29: Advising on changes to environmental law etc. 43 Clause 30: Failure of public authorities to comply with environmental law 43 Clause 31: Complaints 44 Clause 32: Investigations 46 Clause 33: Duty to keep complainants informed 47 Clause 34: Information notices 48 Clause 35: Decision notices 50 Clause 36: Linked notices 51 Clause 37: Environmental review 52 Clause 38: Judicial review: powers to apply in urgent cases and to intervene 55 Clause 39: Duty of the OEP to involve the relevant Minister 56 Clause 40: Public statements 57 Clause 41: Disclosures to the OEP 57 Clause 42: Confidentiality of proceedings 57 Chapter 3: Interpretation of Part 1 58 Clause 43: Meaning of “natural environment” 59 Clause 44: Meaning of “environmental protection” 59 Clause 45: Meaning of “environmental law” 59 Clause 46: Interpretation of Part 1: general 61 Part 2: Environmental Governance: Northern Ireland 61 Clause 47: Improving the natural environment: Northern Ireland 61 Clause 48: The Office for Environmental Protection: Northern Ireland 61 Part 3: Waste and Resource Efficiency 61 Clause 49: Producer responsibility obligations 61 Clause 50: Producer responsibility for disposal costs 62 Clause 51: Resource efficiency information 62 Clause 52: Resource efficiency requirements 63 Clause 53: Deposit schemes 63 Clause 54: Charges for single use plastic items 64 Clause 55: Charges for carrier bags 64 Clause 56: Separation of waste 64 Clause 57: Electronic waste tracking: Great Britain 71 Clause 58: Electronic waste tracking: Northern Ireland 73 Clause 59: Hazardous waste: England and Wales 75 Clause 60: Hazardous waste: Northern Ireland 77 Clause 61: Transfrontier shipments of waste 77 Clause 62: Regulations made under the Environmental Protection Act 1990 80 Clause 63: Powers to make charging schemes 81 Clause 64: Waste charging: Northern Ireland 82 Clause 65: Enforcement powers 83 Clause 66: Enforcement powers: Northern Ireland 84 Clause 67: Littering enforcement 84 Clause 68: Fixed penalty notices 85 Clause 69: Regulation of polluting activities 86 Clause 70: Waste regulation: amendment of Northern Ireland Order 86 Part 4: Air Quality and Environmental Recall 86 Clause 71: Local air quality management framework 86 Clause 72: Smoke control areas: amendments of the Clean Air Act 1993 87 Clause 73: Environmental recall of motor vehicles etc. 87 These Explanatory Notes relate to the Environment Bill as brought from the House of Commons on 26 May 2021 (HL Bill 16) 2 2 Clause 74: Compulsory recall notices 88 Clause 75: Further provision about regulations under section 73 88 Clause 76: Interpretation of sections 73 to 75 88 Part 5: Water 88 Clause 77: Water resources management plans, drought plans and joint proposals 88 Clause 78: Drainage and sewerage management plans 91 Clause 79: Authority’s power to require information 94 Clause 80: Water and sewerage undertakers in England: modifying appointments 94 Clause 81: Electronic service of documents 98 Clause 82: Water abstraction: no compensation for certain licence modifications 98 Clause 83: Water quality: powers of Secretary of State 100 Clause 84: Water quality: powers of Welsh Ministers 101 Clause 85: Water quality: powers of Northern Ireland department 101 Clause 86: Solway Tweed river basin district: power to transfer functions 101 Clause 87: Water quality: interpretation 102 Clause 88: Valuation of other land in drainage district: England 102 Clause 89: Valuation of other land in drainage district: Wales 102 Clause 90: Valuation of agricultural land in drainage district: England and Wales 103 Clause 91: Disclosure of Revenue and Customs information 103 Part 6: Nature and Biodiversity 104 Clause 92: Biodiversity gain as condition of planning permission 104 Clause 93: Biodiversity gain site register 104 Clause 94: Biodiversity credits 105 Clause 95: General duty to conserve and enhance biodiversity 106 Clause 96: Biodiversity reports 107 Clause 97: Local nature recovery strategies for England 108 Clause 98: Preparation of local nature recovery strategies 109 Clause 99: Content of local nature recovery strategies 110 Clause 100: Information to be provided by the Secretary of State 111 Clause 101: Interpretation 113 Clause 102: Species conservation strategies 113 Clause 103: Protected Site Strategies 114 Clause 104: Wildlife conservation: licences 116 Clause 105: Habitats Regulations: power to amend general duties 117 Clause 106: Habitats Regulations: power to amend Part 6 118 Clause 107: Controlling the felling of trees in England 119 Clause 108: Local highway authorities in England to consult before felling street trees 119 Clause 109: Use of forest risk commodities in commercial activity 120 Part 7: Conservation Covenants 120 Clause 110: Conservation covenant agreements 120 Clause 111: Conservation covenants 121 Clause 112: Responsible bodies 121 Clause 113: Local land charge 122 Clause 114: Duration of obligation under conservation covenant 122 Clause 115: Benefit and burden of obligation of landowner 122 Clause 116: Benefit of obligation of responsible body 124 Clause 117: Breach of obligation 124 Clause 118: Enforcement of obligation 124 Clause 119: Defences to breach of obligation 125 Clause 120: Discharge of obligation of landowner by agreement 125 Clause 121: Discharge of obligation of responsible body by agreement 126 Clause 122: Modification of obligation by agreement 126 Clause 123: Discharge or modification of obligation by Upper Tribunal 126 Clause 124: Power of responsible body to appoint replacement 127 These Explanatory Notes relate to the Environment Bill as brought from the House of Commons on 26 May 2021 (HL Bill 16) 3 3 Clause 125: Body ceasing to be a responsible body 127 Clause 126: Effect of acquisition or disposal of affected land by responsible body 128 Clause 127: Effect of deemed surrender and re-grant of qualifying estate 128 Clause 128: Declarations about obligations under conservation covenants 129 Clause 129: Duty of responsible bodies to make annual return 129 Clause 130: Crown application 129 Clause 131: Index of defined terms in Part 7 129 Clause 132: Consequential amendments relating to Part 7 129 Part 8: Miscellaneous and General Provisions 129 Clause 133: Amendment of REACH legislation 129 General provisions 130 Clause 134: Consequential provision 130 Clause 135: Regulations