LI life: Policy update
The Environment Act by Theo Plowman After a slow journey from Bill to law, perhaps the most significant piece of environmental legislation in a generation has passed. Enter The Environment Act, a monolithic framework that outlines the regulations that hold the UK government and others account over environmental issues. The new Act builds on the regulations previously implemented by the EU. It is a crucial Act for our members and provides an important foundation to enable us to deliver real change for climate, people and nature. The high-level environmental laws and some specific sections are of real importance to our membership. This article will cover the key headlines for landscape practitioners. The Act seeks to provide a post-Brexit legal framework for environmental governance and make provision for improvements to the natural environment. The Act is broken down into a number of key parts: Parts 1 and 2: Environmental governance Part 3: Waste and resource efficiency Part 4: Air quality and environmental recall Part 5: Water Part 6: Nature and biodiversity Part 7: Conservation covenants
Environmental Governance The Environmental Governance section is where the bulk of the toplevel legal frameworks, targets and principles lie. It is formed of roughly six key areas of interest.
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Process for setting legally binding, long-term environmental targets There is a new duty to set at least one long-term target in each of the following priority areas by 31st October 2022: ir quality A Water • Biodiversity • Resource efficiency and waste reduction • •
In addition to these 4 priority areas, the Secretary of State must also set targets for: ine particulate matter (PM 2.5) F (in addition to the air quality target above) • Species abundance (related to biodiversity) •
Importantly, the targets must outline a standard to be achieved, which must be capable of being objectively measured, and a date by which it is to be achieved. The Secretary of State has a duty to meet the targets. A consultation on draft targets will likely take place in February 2022.
Environmental improvement plans These plans require government to establish strategies to improve the natural environment, linked to the aforementioned targets. It is intended to make long-term, dependable commitments to policy making, outlasting political cycles. The DEFRA 25 Year Environment Plan is considered the first Environmental improvement plan, and these must be reviewed every five years.
Policy Statement on Environmental Principles This places a requirement on Ministers to take account of key environmental principles when making policy affecting the environment, consisting of: Ministers having “due regard” to the policy statement when developing policy. • Developing the policy statement explaining how principles should be interpreted and applied. • Principles must contribute to improvement of environmental protection and sustainable development. • The key principles are, prevention of pollution; rectification of damage at source; the polluter pays and integration into policy and business as usual. •
The LI consulted on the draft environmental principles in March 2021.
Non-regression and improvement statements This is a provision which requires Ministers to make a statement to Parliament explaining whether or not clauses in a Bill (a draft law) would reduce the level of environmental protection provided under existing law. In an effort to maintain pace with environmental protections internationally (i.e., the EU) every two years, the Secretary of State must report on developments in international environmental protection legislation which appear to be significant.
