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by Munro Research

Environment Act 2021


Official Summary

A Bill to make provision about targets, plans and policies for improving the natural environment; for statements and reports about environmental protection; for the Office for Environmental Protection; about waste and resource efficiency; about air quality; for the recall of products that fail to meet environmental standards; about water; about nature and biodiversity; for conservation covenants; about the regulation of chemicals; and for connected purposes.

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Overview

This bill makes amendments to the Environment Bill, primarily focusing on the independence of the Office for Environmental Protection (OEP), the remedies available for environmental non-compliance, and the reduction of sewage discharges from storm overflows. It also includes amendments regarding single-use plastics.

Description

OEP Independence

The bill grants the OEP greater independence in its functions, including policy making, enforcement, and budget management. While the Secretary of State can issue guidance, the OEP has discretion to deviate if material considerations warrant. Parliamentary oversight mechanisms, including the need for consent from relevant committees for OEP appointments, are included.

Environmental Non-Compliance Remedies

The bill clarifies and expands the types of remedies courts can grant in cases of environmental non-compliance, taking into account various factors such as the severity of the breach and potential impact on others, beyond simply a judicial review.

Storm Overflows

New clauses mandate the development and publication of a plan to reduce sewage discharges from storm overflows, including regular progress reports and transparency on the location, frequency, and volume of discharges. Sewerage undertakers are required to take all reasonable steps to prevent such discharges.

Single-Use Plastics

Amendments aim to clarify and refine regulations related to single-use plastic items, focusing on items supplied with goods or services. The amendments define the scope of such regulations for England, Wales, and Northern Ireland.

Government Spending

The bill does not directly specify the impact on government spending. The implementation of the storm overflow reduction plan and other provisions could lead to increased costs, but no figures are provided in this amendment text.

Groups Affected

  • Office for Environmental Protection (OEP): Gains greater operational independence.
  • Government Departments (Secretary of State, Environment Agency): Increased responsibilities for overseeing environmental compliance, monitoring, reporting, and plan development.
  • Courts: Expanded powers to grant remedies in environmental cases.
  • Sewerage Undertakers: New legal obligations to reduce storm overflow discharges and increased reporting requirements.
  • Public: May benefit from improved environmental protection and increased transparency concerning sewage discharge.
  • Businesses: Potentially impacted by regulations regarding single-use plastics.
  • Parliament: Increased scrutiny and oversight of OEP and storm overflow plans.

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