Environment Act 2021: Difference between revisions

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[[Category: Legislation & Policy]][[Category:Targets & Metrics]]

The [[Environment Act 2021]] received Royal Assent on 9 November 2021~~. As it stands none of~~ the ~~relevant sections of~~ the ~~Act are currently in force but they are likely~~ to ~~be brought into effect later in 2022/2023 as~~ the ~~necessary secondary regulations are put in place~~<ref name="LAW">[https://www.buckles-law.co.uk/blog/planning-and-environment/the-environment-act-2021-what-developers-landowners-and-lpas-need-to-know/]</ref>.

The [[Environment Act 2021]] received Royal Assent on 9 November 2021 and sets a new framework for environmental governance now that the UK has left the EU. Its aim is to tackle action to address environmental challenges including biodiversity loss, climate change, waste and pollution to the air, water and land.<ref name="LAW">[https://www.buckles-law.co.uk/blog/planning-and-environment/the-environment-act-2021-what-developers-landowners-and-lpas-need-to-know/]</ref>.

==Overview==

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*collect and publish data related to measuring progress for improving the natural environment and meeting targets.

==~~Proposed~~ Targets==

==Targets==

In March 2022 the [[DEFRA|Government]] published a consultation seeking views on new targets under the [[Environment Act 2021]] with the aim of improving the natural environment.

~~Targets proposed~~ within the ~~consultation are as follows~~:

The finalised targets (and the legislation which enacts them) are listed within the individual categories below:

===Air Quality===

*~~A maximum Annual Mean Concentration~~ of ~~fine particulate matter (~~PM2.5) to 10 ~~micrograms (~~μg~~) per cubic metre by 2040~~.

The Environmental Targets (Fine Particulate Matter) (England) Regulations 2023 state that<ref>https://www.legislation.gov.uk/uksi/2023/96/regulation/4/made</ref>:

*~~A reduction in~~ the ~~Population Exposure~~ of ~~PM2.5 by~~ 35% ~~by 2040 (compared~~ to ~~a base year of~~ 2018)

* by the end of 31st December 2040 the annual mean level of PM2.5 in ambient air must be equal to or less than 10 μg/m3.

*by the end of 31st December 2040 the population exposure reduction target is at least a 35% reduction with the average population exposure in the three year period from 1st January 2016 to 31st December 2018 (baseline period)

===Biodiversity===

*~~Halt~~ the ~~decline in~~ species by ~~2030~~ (Species ~~abundance~~ target)~~; and then~~

The Environmental Targets (Biodiversity) (England) Regulations 2023 state that<ref>https://www.legislation.gov.uk/uksi/2023/91/regulation/4/made</ref>:

*~~Increase~~ species abundance by at least 10% ~~by 2042 compared to~~ 2030 ~~levels~~.

*Reduce the risk of species' extinction by 2042, when compared to the risk of species extinction in 2022 (Species' Extinction target).

*The overall relative species' abundance index on 31st December 2030 indicates that the decline in the abundances of species has been halted.

*By 31st Dcember 2042 the overall relative species abundance index is higher than the overall relative species abundance index for 31st December 2022 and at least 10% higher than the overall relative species abundance index for 31st Decemember 2030 (Species' Abundance target).

*Improve the England-level GB Red List Index of Species extinction risk by 2042, compared to 2022 levels (Exctinction risk of native species - Red List Index target)

*Create or restore in excess of 500,000 hectares of a range of wildlife-rich habitat outside protected sites by 2042, compared to 2022 levels (Wider Habitats target)

*Create or restore in excess of 500,000 hectares of a range of wildlife-rich habitat outside protected sites by 31st December 2042, compared to 2022 levels (Wider Habitats target)

*70% of the designated features in the Marine Protected Area (MPA) network to be in favourable condition by 2042, with the remainder in recovering condition, and additional reporting on changes in individual feature condition (Marine Protection target).

*Increase tree canopy and woodland cover from 14.5% to 17.5% of total land area in England by 2050 (Woodland Cover target).

===Waste===

*~~Reduce~~ residual waste ~~(excluding major mineral wastes) kg per capita by 50%~~ by 2042 ~~from~~ the ~~2019 level~~ of ~~approximately 560kg~~ per ~~capita~~.

The Environmental Targets (Residual Waste) (England) Regulations 2023 state that<ref>https://www.legislation.gov.uk/uksi/2023/92/regulation/2/made</ref>:

*the residual waste long term target is that by the end of 31st December 2042 the total mass of residual waste for the calendar year 2042 does not exceed 287 kilograms per head of population in England.

**"residual waste" means any waste, other than excluded waste which originated in England and is treated by a method specified below:

***sent to landfill in the UK

***put through incineration in the UK

***used in energy recovery in the UK; or

***sent outside the UK for energy recovery

===Water===

*~~Reduce~~ the length of rivers and estuaries polluted by target susbstances (cadmium, nickel, lead, copper, zinc, arsenic) from abandoned metal mines by 50% ~~by 2037~~ (Abandoned metal mines target)

The Environmental Targets (Water) (England) Regulations 2023<ref>https://www.legislation.gov.uk/uksi/2023/93/regulation/5/made</ref> state that:

*~~Reduce~~ nitrogen, phosphorus and sediment pollution load from agriculture to the water environment by at least 40% ~~by 2037 against a~~ 2018 baseline (Agriculture target)

*By the 31st Dcember 2038 the length of rivers and estuaries polluted by target susbstances (cadmium, nickel, lead, copper, zinc, arsenic) from abandoned metal mines must beat least 50% lower than the 2022 baseline. (Abandoned metal mines target)

*~~A 70% reduction in phosphorus loadings~~ from wastewater/sewage ~~effluent by 2037 against a~~ 2020 baseline (Wastewater target)

*By the 31st Decemebr 2038 the total nitrogen, total phosphorus and sediment pollution load from agriculture to the water environment must be at least 40% lower than the 2018 baseline (Agriculture target)

*~~A reduction~~ in ~~Distribution Input (DI) over population by~~ 20% ~~from~~ the 2019/2020 ~~reporting years by 2037/2038 (Water demand target)~~

*By 31st December 2038, the total phosphorous load discharged into freshwaters from relevant wastewater/sewage discharges must be at least 80% lower than the 2020 baseline (Wastewater target)

*By 31st December 2038 the volume of potable water supplied per day per head of population in England is at least 20% lower than the 1st April 2019 to 31st March 2020 baseline.

==Part 3 of the Environment Act 2021 - Waste and Resource Efficiency<ref name="COM" />==

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===Single Use Items===

The Ministers of England and the ~~DEveloved~~ Administrations may make regulations requiring sellers of goods or services to charge for single use items. The goods this will apply to and how it will operate will be specified in subsequent legislation. Schedule 9 gives detail on charges for single use items<ref name="COM" />.

The Ministers of England and the Develoved Administrations may make regulations requiring sellers of goods or services to charge for single use items. The goods this will apply to and how it will operate will be specified in subsequent legislation. Schedule 9 gives detail on charges for single use items<ref name="COM" />.

===Separation of [[Waste]]===

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Changes are made to the [[Environment Act 1995]] to allow charging schemes to be made in relation to [[Producer Responsibility|producer responsibility schemes]]. This would require the relevant [[Regulatory Authorities|agency]] to recover costs incurred by running a scheme from its participants. Similar changes are also made in relation to [[End-of-Life Vehicles|The End of Life Vehicles (Producer Responsibility) Regulations 2005]] and [[Waste Electrical and Electronic Equipment|The Waste Electrical and Electronic Equipment Regulations 2013]].

Charging schemes may also be established to allow the [[Environment Agency]] and [[Natural Resources Wales]] to recover costs incurred in relation to preventing the unauthorised or harmful deposit, treatment or disposal of [[waste]] under [[~~The~~ Environmental Permitting (England and Wales) Regulations 2016]]. This would allow fees to be charged to those in breach of a [[~~environmental permit~~|waste permit]], or that operate a waste site without holding the relevant [[Environmental Permit|permit]]. Similar changes are made through amendments to The Waste and Contaminated Land (Northern Ireland) Order 1997 and The Waste Management Licensing Regulations (Northern Ireland) 2003, for Northern Ireland<Ref name="COM" />.

Charging schemes may also be established to allow the [[Environment Agency]] and [[Natural Resources Wales]] to recover costs incurred in relation to preventing the unauthorised or harmful deposit, treatment or disposal of [[waste]] under the [[Environmental Permitting (England and Wales) Regulations 2016]]. This would allow fees to be charged to those in breach of a [[Environmental Permit|waste permit]], or that operate a waste site without holding the relevant [[Environmental Permit|permit]]. Similar changes are made through amendments to The Waste and Contaminated Land (Northern Ireland) Order 1997 and The Waste Management Licensing Regulations (Northern Ireland) 2003, for Northern Ireland<Ref name="COM" />.

==References==

@@ Line 1: / Line 1: @@
 [[Category: Legislation & Policy]][[Category:Targets & Metrics]]
-The [[Environment Act 2021]] received Royal Assent on 9 November 2021. As it stands none of the relevant sections of the Act are currently in force but they are likely to be brought into effect later in 2022/2023 as the necessary secondary regulations are put in place<ref name="LAW">[https://www.buckles-law.co.uk/blog/planning-and-environment/the-environment-act-2021-what-developers-landowners-and-lpas-need-to-know/]</ref>.
+The [[Environment Act 2021]] received Royal Assent on 9 November 2021 and sets a new framework for environmental governance now that the UK has left the EU. Its aim is to tackle action to address environmental challenges including biodiversity loss, climate change, waste and pollution to the air, water and land.<ref name="LAW">[https://www.buckles-law.co.uk/blog/planning-and-environment/the-environment-act-2021-what-developers-landowners-and-lpas-need-to-know/]</ref>.
 ==Overview==
@@ Line 26: / Line 26: @@
 *collect and publish data related to measuring progress for improving the natural environment and meeting targets.
-==Proposed Targets==
+==Targets==
 In March 2022 the [[DEFRA|Government]] published a consultation seeking views on new targets under the [[Environment Act 2021]] with the aim of improving the natural environment.
-Targets proposed within the consultation are as follows:
+The finalised targets (and the legislation which enacts them) are listed within the individual categories below:
 ===Air Quality===
-*A maximum Annual Mean Concentration of fine particulate matter (PM2.5) to 10 micrograms (μg) per cubic metre by 2040.
+The Environmental Targets (Fine Particulate Matter) (England) Regulations 2023 state that<ref>https://www.legislation.gov.uk/uksi/2023/96/regulation/4/made</ref>:
-*A reduction in the Population Exposure of PM2.5 by 35% by 2040 (compared to a base year of 2018)
+* by the end of 31st December 2040 the annual mean level of PM2.5 in ambient air must be equal to or less than 10 μg/m3.
+*by the end of 31st December 2040 the population exposure reduction target is at least a 35% reduction with the average population exposure in the three year period from 1st January 2016 to 31st December 2018 (baseline period)
 ===Biodiversity===
-*Halt the decline in species by 2030 (Species abundance target); and then
+The Environmental Targets (Biodiversity) (England) Regulations 2023 state that<ref>https://www.legislation.gov.uk/uksi/2023/91/regulation/4/made</ref>:
-*Increase species abundance by at least 10% by 2042 compared to 2030 levels.
+*Reduce the risk of species' extinction by 2042, when compared to the risk of species extinction in 2022 (Species' Extinction target).
+*The overall relative species' abundance index on 31st December 2030 indicates that the decline in the abundances of species has been halted.
+*By 31st Dcember 2042 the overall relative species abundance index is higher than the overall relative species abundance index for 31st December 2022 and at least 10% higher than the overall relative species abundance index for 31st Decemember 2030 (Species' Abundance target).
 *Improve the England-level GB Red List Index of Species extinction risk by 2042, compared to 2022 levels (Exctinction risk of native species - Red List Index target)
-*Create or restore in excess of 500,000 hectares of a range of wildlife-rich habitat outside protected sites by 2042, compared to 2022 levels (Wider Habitats target)
+*Create or restore in excess of 500,000 hectares of a range of wildlife-rich habitat outside protected sites by 31st December 2042, compared to 2022 levels (Wider Habitats target)
 *70% of the designated features in the Marine Protected Area (MPA) network to be in favourable condition by 2042, with the remainder in recovering condition, and additional reporting on changes in individual feature condition (Marine Protection target).
 *Increase tree canopy and woodland cover from 14.5% to 17.5% of total land area in England by 2050 (Woodland Cover target).
 ===Waste===
-*Reduce residual waste (excluding major mineral wastes) kg per capita by 50% by 2042 from the 2019 level of approximately 560kg per capita.
+The Environmental Targets (Residual Waste) (England) Regulations 2023 state that<ref>https://www.legislation.gov.uk/uksi/2023/92/regulation/2/made</ref>:
+*the residual waste long term target is that by the end of 31st December 2042 the total mass of residual waste for the calendar year 2042 does not exceed 287 kilograms per head of population in England.
+**"residual waste" means any waste, other than excluded waste which originated in England and is treated by a method specified below:
+***sent to landfill in the UK
+***put through incineration in the UK
+***used in energy recovery in the UK; or
+***sent outside the UK for energy recovery
 ===Water===
-*Reduce the length of rivers and estuaries polluted by target susbstances (cadmium, nickel, lead, copper, zinc, arsenic) from abandoned metal mines by 50% by 2037 (Abandoned metal mines target)
+The Environmental Targets (Water) (England) Regulations 2023<ref>https://www.legislation.gov.uk/uksi/2023/93/regulation/5/made</ref> state that:
-*Reduce nitrogen, phosphorus and sediment pollution load from agriculture to the water environment by at least 40% by 2037 against a 2018 baseline (Agriculture target)
+*By the 31st Dcember 2038 the length of rivers and estuaries polluted by target susbstances (cadmium, nickel, lead, copper, zinc, arsenic) from abandoned metal mines must beat least 50% lower than the 2022 baseline. (Abandoned metal mines target)
-*A 70% reduction in phosphorus loadings from wastewater/sewage effluent by 2037 against a 2020 baseline (Wastewater target)
+*By the 31st Decemebr 2038 the total nitrogen, total phosphorus and sediment pollution load from agriculture to the water environment must be at least 40% lower than the 2018 baseline  (Agriculture target)
-*A reduction in Distribution Input (DI) over population by 20% from the 2019/2020 reporting years by 2037/2038 (Water demand target)
+*By 31st December 2038, the total phosphorous load discharged into freshwaters from relevant wastewater/sewage discharges must be at least 80% lower than the 2020 baseline (Wastewater target)
+*By 31st December 2038 the volume of potable water supplied per day per head of population in England is at least 20% lower than the 1st April 2019 to 31st March 2020 baseline.
 ==Part 3 of the Environment Act 2021 - Waste and Resource Efficiency<ref name="COM" />==
@@ Line 67: / Line 78: @@
 ===Single Use Items===
-The Ministers of England and the DEveloved Administrations may make regulations requiring sellers of goods or services to charge for single use items. The goods this will apply to and how it will operate will be specified in subsequent legislation. Schedule 9 gives detail on charges for single use items<ref name="COM" />.
+The Ministers of England and the Develoved Administrations may make regulations requiring sellers of goods or services to charge for single use items. The goods this will apply to and how it will operate will be specified in subsequent legislation. Schedule 9 gives detail on charges for single use items<ref name="COM" />.
 ===Separation of [[Waste]]===
@@ Line 84: / Line 95: @@
 Changes are made to the [[Environment Act 1995]] to allow charging schemes to be made in relation to [[Producer Responsibility|producer responsibility schemes]]. This would require the relevant [[Regulatory Authorities|agency]] to recover costs incurred by running a scheme from its participants. Similar changes are also made in relation to [[End-of-Life Vehicles|The End of Life Vehicles (Producer Responsibility) Regulations 2005]] and [[Waste Electrical and Electronic Equipment|The Waste Electrical and Electronic Equipment Regulations 2013]].
-Charging schemes may also be established to allow the [[Environment Agency]] and [[Natural Resources Wales]] to recover costs incurred in relation to preventing the unauthorised or harmful deposit, treatment or disposal of [[waste]] under [[The Environmental Permitting (England and Wales) Regulations 2016]]. This would allow fees to be charged to those in breach of a [[environmental permit|waste permit]], or that operate a waste site without holding the relevant [[Environmental Permit|permit]]. Similar changes are made through amendments to The Waste and Contaminated Land (Northern Ireland) Order 1997 and The Waste Management Licensing Regulations (Northern Ireland) 2003, for Northern Ireland<Ref name="COM" />.
+Charging schemes may also be established to allow the [[Environment Agency]] and [[Natural Resources Wales]] to recover costs incurred in relation to preventing the unauthorised or harmful deposit, treatment or disposal of [[waste]] under the [[Environmental Permitting (England and Wales) Regulations 2016]]. This would allow fees to be charged to those in breach of a [[Environmental Permit|waste permit]], or that operate a waste site without holding the relevant [[Environmental Permit|permit]]. Similar changes are made through amendments to The Waste and Contaminated Land (Northern Ireland) Order 1997 and The Waste Management Licensing Regulations (Northern Ireland) 2003, for Northern Ireland<Ref name="COM" />.
 ==References==
 <references />