ENVIRONMENT BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 12 May 2021 (Bill 3). • 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 3–EN 58/2 Table of Contents Subject Page of these Notes Overview of the Bill 24 Policy background 40 Exiting the European Union (EU) 40 Part 1: Environmental Governance 42 Part 2: Environmental Governance: Northern Ireland 45 Part 3: Waste and Resource Efficiency 46 Part 4: Air Quality and Environmental Recall 50 Part 5: Water 54 Part 6: Nature and Biodiversity 56 Part 7: Conservation Covenants 60 Part 8: Miscellaneous and General Provisions 62 Legal background 63 Territorial extent and application 66 Commentary on provisions of Bill 70 Part 1: Environmental Governance 70 Chapter 1: Improving the natural environment 70 Clause 1: Environmental targets 70 Clause 2: Environmental targets: particulate matter 72 Clause 3: Environmental targets: process 74 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 1 1 Clause 4: Environmental targets: effect 77 Clause 5: Environmental targets: reporting duties 77 Clause 6: Environmental targets: review 79 Clause 7: Environmental improvement plans 81 Clause 8: Annual reports on environmental improvement plans 85 Clause 9: Reviewing and revising environmental improvement plans 87 Clause 10: Reviewing and revising plans: interim targets 90 Clause 11: Reviewing and revising plans: other requirements 93 Clause 12: Renewing environmental improvement plans 95 Clause 13: Renewing plans: interim targets 96 Clause 14: Renewing plans: other requirements 98 Clause 15: Environmental monitoring 99 Clause 16: Policy statement on environmental principles 101 Clause 17: Policy statement on environmental principles: process 105 Clause 18: Policy statement on environmental principles: effect 107 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 2 2 Clause 19: Statements about Bills containing new environmental law 110 Clause 20: Reports on international environmental protection legislation 113 Chapter 2: The Office for Environmental Protection 114 Clause 21: The Office for Environmental Protection 114 Clause 22: Principal objective of the OEP and exercise of its functions 115 Clause 23: The OEP’s strategy: process 121 Clause 24: Guidance on the OEP’s enforcement policy and functions 122 Clause 25: Memorandum of understanding 123 Clause 26: Co-operation duties of public authorities and the OEP 124 Clause 27: Monitoring and reporting on environmental improvement plans and targets 126 Clause 28: Monitoring and reporting on environmental law 129 Clause 29: Advising on changes to environmental law etc. 131 Clause 30: Failure of public authorities to comply with environmental law 132 Clause 31: Complaints 136 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 3 3 Clause 32: Investigations 140 Clause 33: Duty to keep complainants informed 145 Clause 34: Information notices 147 Clause 35: Decision notices 150 Clause 36: Linked notices 153 Clause 37: Environmental review 157 Clause 38: Judicial review: powers to apply in urgent cases and to intervene 166 Clause 39: Duty of the OEP to involve the relevant Minister 169 Clause 40: Public statements 172 Clause 41: Disclosures to the OEP 173 Clause 42: Confidentiality of proceedings 174 Chapter 3: Interpretation of Part 1 178 Clause 43: Meaning of “natural environment” 179 Clause 44: Meaning of “environmental protection” 180 Clause 45: Meaning of “environmental law” 181 Clause 46: Interpretation of Part 1: general 186 Part 2: Environmental Governance: Northern Ireland 186 Clause 47: Improving the natural environment: Northern Ireland 186 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 4 4 Clause 48: The Office for Environmental Protection: Northern Ireland 187 Part 3: Waste and Resource Efficiency 187 Clause 49: Producer responsibility obligations 187 Clause 50: Producer responsibility for disposal costs 188 Clause 51: Resource efficiency information 189 Clause 52: Resource efficiency requirements 190 Clause 53: Deposit schemes 192 Clause 54: Charges for single use plastic items 194 Clause 55: Charges for carrier bags 195 Clause 56: Separation of waste 196 Clause 57: Electronic waste tracking: Great Britain 215 Clause 58: Electronic waste tracking: Northern Ireland 223 Clause 59: Hazardous waste: England and Wales 229 Clause 60: Hazardous waste: Northern Ireland 234 Clause 61: Transfrontier shipments of waste 237 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 5 5 Clause 62: Regulations made under the Environmental Protection Act 1990 245 Clause 63: Powers to make charging schemes 250 Clause 64: Waste charging: Northern Ireland 252 Clause 65: Enforcement powers 256 Clause 66: Enforcement powers: Northern Ireland 257 Clause 67: Littering enforcement 258 Clause 68: Fixed penalty notices 261 Clause 69: Regulation of polluting activities 263 Clause 70: Waste regulation: amendment of Northern Ireland Order 265 Part 4: Air Quality and Environmental Recall 265 Clause 71: Local air quality management framework 265 Clause 72: Smoke control areas: amendments of the Clean Air Act 1993 267 Clause 73: Environmental recall of motor vehicles etc. 268 Clause 74: Compulsory recall notices 269 Clause 75: Further provision about regulations under section 73 270 Clause 76: Interpretation of sections 73 to 75 271 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 6 6 Part 5: Water 271 Clause 77: Water resources management plans, drought plans and joint proposals 271 Clause 78: Drainage and sewerage management plans 281 Clause 79: Authority’s power to require information 288 Clause 80: Water and sewerage undertakers in England: modifying appointments 290 Clause 81: Electronic service of documents 300 Clause 82: Water abstraction: no compensation for certain licence modifications 301 Clause 83: Water quality: powers of Secretary of State 308 Clause 84: Water quality: powers of Welsh Ministers 310 Clause 85: Water quality: powers of Northern Ireland department 311 Clause 86: Solway Tweed river basin district: power to transfer functions 311 Clause 87: Water quality: interpretation 313 Clause 88: Valuation of other land in drainage district: England 313 Clause 89: Valuation of other land in drainage district: Wales 315 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 7 7 Clause 90: Valuation of agricultural land in drainage district: England and Wales 316 Clause 91: Disclosure of Revenue and Customs information 318 Part 6: Nature and Biodiversity 321 Clause 92: Biodiversity gain as condition of planning permission 321 Clause 93: Biodiversity gain site register 322 Clause 94: Biodiversity credits 323 Clause 95: General duty to conserve and enhance biodiversity 325 Clause 96: Biodiversity reports 331 Clause 97: Local nature recovery strategies for England 334 Clause 98: Preparation of local nature recovery strategies 337 Clause 99: Content of local nature recovery strategies 340 Clause 100: Information to be provided by the Secretary of State 344 Clause 101: Interpretation 347 Clause 102: Species conservation strategies 348 Clause 103: Protected Site Strategies 353 Clause 104: Wildlife conservation: licences 357 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 8 8 Clause 105: Controlling the felling of trees in England 360 Clause 106: Local highway authorities in England to consult before felling street trees 361 Clause 107: Use of forest risk commodities in commercial activity 364 Part 7: Conservation Covenants 365 Clause 108: Conservation covenant agreements 365 Clause 109: Conservation covenants 368 Clause 110: Responsible bodies 369 Clause 111: Local land charge 371 Clause 112: Duration of obligation under conservation covenant 372 Clause 113: Benefit and burden of obligation of landowner 372 Clause 114: Benefit of obligation of responsible body 377 Clause 115: Breach of obligation 378 Clause 116: Enforcement of obligation 378 Clause 117: Defences to breach of obligation 380 Clause 118: Discharge of obligation of landowner by agreement 381 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons o 12 May 2021 (Bill 3) 9 9 Clause 119: Discharge of obligation of responsible body by agreement 383 Clause 120: Modification of obligation by agreement 383 Clause 121: Discharge or modification of obligation by Upper Tribunal 385 Clause 122: Power of responsible body to appoint replacement 386 Clause 123: Body ceasing to be