Environment Act 2021
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[1].
Overview
The Act will set statutory targets in four key areas, these targets must be of at least 15 years in duration and be proposed by late 2022[2]:
- air quality
- biodiversity
- water
- waste and resource managment
The Act also creates a new Office for Environmental Protection (OEP) with a wide-ranging brief, including supervising the discharge of environmental duties by the government and other public authorities[1]. This includes powers to investigate alleged breaches of environmental law by public bodies, to issue its own non-binding rulings on alleged breaches and (in effect) to apply to enforce that ruling through the Courts by way of an 'Environmental Review'[1].
The Act implements the Govenrment's ambitions for improving the natural environment which were previously set out in the 25- Year Environment Plan. The Environment Bill required the government to publish an Environmental Improvement Plan (EIP) and the government has pledged to set interim targets for each five-year period and lay out steps it intends to take to improve the natural environment. The 25- Year Environment Plan will be adopted as the first EIP. The OEP is intended to hold the government to account for meeting these targets[3].