UK Act of Parliament 2021 United Kingdom

Environment Act 2021 (enhancement)

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At a glance

What's here

44 compliance obligations, 24 practical guides across 3 topics · 21 journeys · 24 statutory instruments

Penalty landscape

2 of 44 obligations carry an unlimited fine. 2 carry different penalties and 40 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 4
  • Occupier 1
  • Statutory Undertaker 1

Plus 38 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Direct — cites this Act

10 guides

Supporting — topic alignment

9 guides

Mentioned in related content

5 guides
View all 24 guides →

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 2338 other Acts (top 5 shown)
Occupiers also bound by 259 other Acts (top 5 shown)
Statutory Undertakers also bound by 169 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Environmental governance

s.005

Environmental targets: effect

Other duties (1) — Crown / regulator
  • Secretary of State must ensure environmental and air quality targets are met Crown / Minister / Government department
s.007

Environmental targets: review

Other duties (1) — Crown / regulator
  • Secretary of State must review and report on environmental targets Crown / Minister / Government department
s.015

Renewing plans: other requirements

Other duties (1) — Crown / regulator
  • Secretary of State must review and update environmental improvement plans Crown / Minister / Government department
s.024

The OEP’s strategy: process

Other duties (1) — Crown / regulator
  • OEP must publish, review, and consult on its environmental strategy Statutory regulator
s.025

Guidance on the OEP’s Northern Ireland enforcement policy and functions

Other duties (1) — Crown / regulator
  • DAERA must issue and publish guidance for OEP Northern Ireland enforcement Crown / Minister / Government department
s.026

Memorandum of understanding

Other duties (1) — Crown / regulator
  • OEP and Climate Change Committee must coordinate via a memorandum Statutory regulator
s.034

Duty to keep complainants informed

Other duties (1) — Crown / regulator
  • OEP must keep complainants updated on environmental failure investigations Statutory regulator
s.035

Information notices

Other duties (1) — Crown / regulator
  • OEP may issue information notices to public authorities Statutory regulator
Browse 33 other sections in this Part — procedural / definitional / commencement

Part 2 — Environmental governance: Northern Ireland

Browse 2 other sections in this Part — procedural / definitional / commencement

Part 3 — Waste and resource efficiency

Browse 22 other sections in this Part — procedural / definitional / commencement

Part 4 — Air quality and environmental recall

s.075

Compulsory recall notices

Other duties (1) — Crown / regulator
  • Secretary of State may issue compulsory product recall notices Crown / Minister / Government department
Browse 5 other sections in this Part — procedural / definitional / commencement

Part 5 — Water

s.080

Storm overflows

  • Publish annual reports on storm overflow discharges Statutory Undertaker
Browse 17 other sections in this Part — procedural / definitional / commencement

Part 6 — Nature and biodiversity

Browse 2 other sections in this Part — procedural / definitional / commencement

Part 7 — Conservation covenants

Part 8 — Miscellaneous and general provisions

Schedules

s.sch001

Delegation to members, committees and employees

Other duties (1) — Crown / regulator
  • OEP must prepare a delegation policy Statutory regulator
s.sch001

Annual report

Other duties (1) — Crown / regulator
  • OEP must prepare and publish annual report on its functions Statutory regulator
s.sch001

Annual accounts

Other duties (1) — Crown / regulator
  • OEP must keep proper accounts and prepare annual financial statements Statutory regulator
s.sch001

Appointment of non-executive members

Other duties (1) — Crown / regulator
  • Government bodies must appoint OEP non-executive members with appropriate environmental expertise Crown / Minister / Government department
s.sch001

Public sector equality duty

Other duties (1) — Crown / regulator
  • OEP must comply with the public sector equality duty Statutory regulator
s.sch002

Environmental improvement plans

Other duties (1) — Crown / regulator
  • Department must prepare and publish an environmental improvement plan Crown / Minister / Government department
s.sch002

Annual reports on environmental improvement plans

Other duties (1) — Crown / regulator
  • Department must prepare and publish annual reports on environmental improvement plan implementation Crown / Minister / Government department
s.sch002

Renewing environmental improvement plans

Other duties (1) — Crown / regulator
  • Department must prepare and publish new environmental improvement plan before old plan expires Crown / Minister / Government department
s.sch002

Policy statement on environmental principles

Other duties (1) — Crown / regulator
  • DEFRA must publish a policy statement explaining environmental principles Crown / Minister / Government department
s.sch002

Policy statement on environmental principles: process

Other duties (1) — Crown / regulator
  • Department must prepare and consult on environmental principles policy Crown / Minister / Government department
s.sch003

Monitoring and reporting on the Department’s environmental improvement plans

Other duties (1) — Crown / regulator
  • Department must respond to OEP progress reports within 12 months Crown / Minister / Government department
s.sch003

Duty of the OEP to involve the relevant department

Other duties (1) — Crown / regulator
  • OEP must share enforcement notices and related correspondence with the relevant government department Statutory regulator
s.sch003

Monitoring and reporting on environmental law

Other duties (1) — Crown / regulator
  • OEP must monitor and report on Northern Ireland environmental law Statutory regulator
s.sch003

In section 37 (linked notices), after subsection (6) insert—

Other duties (1) — Crown / regulator
  • OEP must provide copies of linked Northern Ireland notices and correspondence Statutory regulator
s.sch003

Complaints about relevant public authorities

Other duties (1) — Crown / regulator
  • OEP must publish a complaints procedure for environmental law failures by public authorities Statutory regulator
s.sch003

Investigations: relevant public authorities

Other duties (1) — Crown / regulator
  • OEP must investigate serious environmental law breaches by public authorities Statutory regulator
s.sch003

Duty to keep complainants informed

Other duties (1) — Crown / regulator
  • OEP must keep complainants informed about complaint handling Statutory regulator
s.sch003

Information notices

Other duties (1) — Crown / regulator
  • Respond to OEP information notices about serious environmental law failures Crown / Minister / Government department
s.sch011

For section 86A substitute— Role of the Mayor of London...

Other duties (1) — Crown / regulator
  • Mayor of London must provide air quality measures and carry them out by specified dates Local authority
s.sch011

After that section insert— Duty to report on air quality...

Other duties (1) — Crown / regulator
  • Secretary of State must report annually on air quality progress Crown / Minister / Government department
s.sch011

After section 85 insert— Duty of air quality partners to...

  • Assist local authority with air quality planning and implement action plan measures Any Person
s.sch012

After section 19A (as inserted by paragraph 2 above)— Acquisition...

Unlimited fine
  • Buy or sell unauthorised solid fuel in a smoke control area Any Person
s.sch012

After section 26 insert— Duty of local authority to reimburse...

Other duties (1) — Crown / regulator
  • Local authority must reimburse 70% of vessel adaptation costs for smoke control orders Local authority
s.sch016

Penalty for felling without licence: increase of fine

Unlimited fine
  • Fell trees without a licence Any Person
Browse 279 other Schedules — structural / supplementary
s.sch001

Membership

s.sch001

Procedure

s.sch001

Funding

s.sch001

Meaning of “financial year”

s.sch001

Status

s.sch001

Independence of the OEP

s.sch001

Disqualification from membership of legislatures

s.sch001

In Part 2 of Schedule 1 to the Northern Ireland...

s.sch001

Public records

s.sch001

Freedom of Information

s.sch001

Investigation by the Parliamentary Commissioner

s.sch001

Meaning of “the Northern Ireland Department”

s.sch001

Appointment of executive members

s.sch001

Interim chief executive

s.sch001

Terms of membership

s.sch001

Remuneration of non-executive members

s.sch001

Staffing and remuneration

s.sch001

Powers

s.sch001

Committees

s.sch002

Meaning of “environmental protection”

s.sch002

General interpretation

s.sch002

Reviewing and revising environmental improvement plans

s.sch002

Environmental monitoring

s.sch002

Policy statement on environmental principles: effect

s.sch002

Meaning of “natural environment”

s.sch003

Decision notices

s.sch003

Linked notices

s.sch003

Review application

s.sch003

Judicial review: powers to apply to prevent serious damage and to intervene

s.sch003

Public statements

s.sch003

Disclosures to the OEP

s.sch003

Confidentiality of proceedings

s.sch003

Meaning of UK environmental law and Northern Ireland environmental law

s.sch003

Interpretation of Part

s.sch003

This Act is amended in accordance with paragraphs 21 to...

s.sch003

(1) Section 23 (principal objective of the OEP and exercise...

s.sch003

In section 24 (the OEP’s strategy: process), in subsection (1)(a)...

s.sch003

(1) Section 25 (guidance on the OEP’s enforcement policy and...

s.sch003

After section 25 (guidance on the OEP’s enforcement policy and...

s.sch003

(1) Section 27 (co-operation duties of public authorities and the...

s.sch003

(1) Section 43 (confidentiality of proceedings) is amended as follows....

s.sch003

(1) Section 47 (interpretation of Part 1 of the Act)...

s.sch003

(1) Schedule 1 is amended as follows.

s.sch003

Advising on changes to Northern Ireland environmental law etc

s.sch003

(1) Schedule 2 (improving the natural environment: Northern Ireland) is...

s.sch003

Failure of relevant public authorities to comply with environmental law

s.sch003

Meaning of relevant environmental law, relevant public authority etc

s.sch004

General power

s.sch004

The relevant national authority must exercise the power to make...

s.sch004

Interpretation

s.sch004

General power

s.sch004

Powers to confer functions

s.sch004

Monitoring compliance

s.sch004

Records and information

s.sch004

Powers of entry etc

s.sch004

Sanctions

s.sch004

Part 2 regulations may include provision for the imposition of...

s.sch004

Charges and costs

s.sch004

Examples of provision that may be made

s.sch004

Consultation requirement

s.sch004

Registration of persons subject to producer responsibility obligations

s.sch004

Compliance schemes

s.sch004

Registration of compliance schemes

s.sch004

Power to direct compliance scheme operators

s.sch004

Certificates of compliance

s.sch004

Consultation etc requirements

s.sch004

(1) Before making regulations under this Part of this Schedule...

s.sch005

General power

s.sch005

Consultation requirements

s.sch005

General power

s.sch005

Powers to confer functions

s.sch005

Monitoring compliance

s.sch005

Records and information

s.sch005

Powers of entry etc

s.sch005

Sanctions

s.sch005

Charges and costs

s.sch005

Consultation requirements

s.sch005

“Disposal costs” and “disposal”

s.sch005

Calculation of sums payable

s.sch005

Administration

s.sch005

Registration

s.sch005

Payment of sums

s.sch005

Distribution of sums paid

s.sch005

Repayment of sums paid

s.sch005

Charges

s.sch006

General power

s.sch006

Records and information

s.sch006

Powers of entry etc

s.sch006

Sanctions

s.sch006

Costs

s.sch006

Consultation requirement

s.sch006

Meaning of “information about resource efficiency”

s.sch006

Persons on whom requirements may be imposed

s.sch006

Examples of provision that may be made

s.sch006

Consultation etc requirements

s.sch006

Interpretation

s.sch006

General power

s.sch006

Powers to confer functions

s.sch006

Monitoring compliance

s.sch007

General power

s.sch007

Records and information

s.sch007

Powers of entry etc

s.sch007

Sanctions

s.sch007

Costs

s.sch007

Consultation requirement

s.sch007

Meaning of “resource efficiency requirements”

s.sch007

Persons on whom requirements may be imposed

s.sch007

Examples of provision that may be made

s.sch007

Consultation etc requirements

s.sch007

Interpretation

s.sch007

General power

s.sch007

Powers to confer functions

s.sch007

Monitoring compliance

s.sch008

Power to establish deposit schemes

s.sch008

Scheme suppliers

s.sch008

Scheme collectors

s.sch008

Deposit scheme administrators

s.sch008

Enforcement

s.sch008

Interpretation

s.sch009

General power

s.sch009

Requirement to charge

s.sch009

Sellers of goods and services

s.sch009

Amount of charge

s.sch009

Administration

s.sch009

Registration

s.sch009

Record-keeping and publication of records

s.sch009

Enforcement

s.sch009

Civil sanctions

s.sch010

Powers to search and seize vehicles in connection with waste offences

s.sch010

In section 34B(6) of the Environmental Protection Act 1990 (constable’s...

s.sch010

Powers of direction in relation to waste

s.sch010

Powers of entry in relation to pollution control etc

s.sch010

(1) Section 108 (powers of enforcing authorities and their authorised...

s.sch010

(1) Schedule 18 (supplemental provision about powers of entry) is...

s.sch011

The Environment Act 1995 is amended as follows.

s.sch011

(1) Section 87 (regulations) is amended as follows.

s.sch011

In section 88, in subsection (3), after “district councils” insert...

s.sch011

In section 91 (interpretation), in subsection (1)—

s.sch011

In Schedule 11 (air quality: supplemental provisions), in paragraph 1(2),...

s.sch011

(1) Section 80 (national air quality strategy) is amended as...

s.sch011

After section 81 insert— Functions of relevant public authorities etc...

s.sch011

(1) Section 82 (local authority reviews) is amended as follows....

s.sch011

After section 83 insert— Duties of English local authorities in...

s.sch011

(1) Section 84 (duties of local authorities in relation to...

s.sch011

(1) Section 86 (functions of county councils for areas for...

s.sch012

The Clean Air Act 1993 is amended as follows.

s.sch012

(1) Section 20 (prohibition on emission of smoke in smoke...

s.sch012

(1) Section 21 (power to exempt certain fireplaces) is amended...

s.sch012

Minor and consequential amendments to the Clean Air Act 1993

s.sch012

(1) Section 18 (declaration of smoke control area by local...

s.sch012

(1) Section 20 (prohibition on emission of smoke in smoke...

s.sch012

(1) Section 21 (power to exempt certain fireplaces) is amended...

s.sch012

(1) Section 22 (exemptions relating to particular areas) is amended...

s.sch012

(1) Section 23 (acquisition and sale of unauthorised fuel in...

s.sch012

In section 24 (power to require adaptations of fireplaces), in...

s.sch012

In section 26 (power to make grants for fireplaces in...

s.sch012

After section 19 insert— Regulation of smoke and fuel in...

s.sch012

In section 27 (references to adaptations)— (a) in the heading,...

s.sch012

In section 28 (expenditure on execution of works), in subsection...

s.sch012

In section 29 (interpretation)— (a) in the definition of “old...

s.sch012

In section 63 (orders and regulations)— (a) in subsection (2),...

s.sch012

(1) Schedule 1 (coming into operation of smoke control orders)...

s.sch012

Minor amendments to other legislation

s.sch012

Where a local authority in England has made a smoke...

s.sch012

After Schedule 1 insert— SCHEDULE 1A Penalty for emission of...

s.sch012

After section 28 insert— Guidance for local authorities in England...

s.sch012

In section 44 (vessels), after subsection (2) insert—

s.sch012

In section 56 (rights of entry and inspection etc), for...

s.sch012

The Clean Air Act 1993 is amended as follows.

s.sch014

In the Town and Country Planning Act 1990, after section...

s.sch014

In that Act, after Schedule 7 insert— SCHEDULE 7A Biodiversity...

s.sch014

(1) The Town and Country Planning Act 1990 is amended...

s.sch015

The Planning Act 2008 is amended as follows.

s.sch015

In section 103 (Secretary of State is to decide applications),...

s.sch015

(1) Section 104 (decisions in cases where national policy statement...

s.sch015

(1) Section 105 (decisions in cases where no national policy...

s.sch015

After Schedule 2 insert— SCHEDULE 2A Biodiversity gain Section 103...

s.sch015

The Planning Act 2008 is amended as follows.

s.sch015

In section 37 (applications for orders for development consent), after...

s.sch015

In section 120 (what may be included in development consent...

s.sch015

(1) Section 232 (orders and regulations) is amended as follows....

s.sch016

Introductory

s.sch016

Restocking notices to be local land charges

s.sch016

Enforcement notices to be local land charges

s.sch016

Further enforcement notices for new estate or interest holders

s.sch016

Power of court to order restocking after conviction for failure to comply with enforcement notice

s.sch016

Service of notices on directors of companies that have estates or interests in land

s.sch016

Requiring information from the owner of land

s.sch017

Meaning of “forest risk commodity”

s.sch017

Monitoring compliance

s.sch017

Records and information

s.sch017

Powers of entry etc

s.sch017

Sanctions

s.sch017

Part 2 regulations may include provision for the imposition of...

s.sch017

Charges

s.sch017

Consultation requirement

s.sch017

Review

s.sch017

Interpretation

s.sch017

Prohibition on using illegally produced commodities

s.sch017

Due diligence system

s.sch017

Annual report on due diligence system

s.sch017

Exemption

s.sch017

Guidance

s.sch017

Meaning of “regulated person”

s.sch017

General power

s.sch017

Powers to confer functions

s.sch018

Power to discharge on application by landowner or responsible body

s.sch018

Supplementary powers

s.sch018

(1) The Upper Tribunal may, if it considers it reasonable...

s.sch018

Effect of modification

s.sch018

Interpretation

s.sch018

(1) The Upper Tribunal may, on the application of the...

s.sch018

Deciding whether to discharge

s.sch018

Supplementary powers

s.sch018

(1) The Upper Tribunal may, if it considers it reasonable...

s.sch018

Power to modify on application by landowner or responsible body

s.sch018

(1) The Upper Tribunal may, on the application of the...

s.sch018

The power under paragraph 6(1) or 7(1) does not include...

s.sch018

Deciding whether to modify

s.sch019

Application of Part 7

s.sch019

(1) Section 123 has effect with the following modifications in...

s.sch019

In section 129(4)(b) and (5) the references to a successor...

s.sch019

In Schedule 18— (a) the references in paragraphs 1(1) and...

s.sch019

Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority

s.sch019

In section 122— (a) subsections (2)(b), (3) and (4) have...

s.sch019

In section 123— (a) subsections (1)(b), (2) and (4) have...

s.sch019

(1) In section 129(4)(b) and (5) references to a successor...

s.sch019

In Schedule 18— (a) the reference in paragraph 6(1) to...

s.sch019

Agreements under section 127(1) and (3)

s.sch019

Agreements under section 128(1)

s.sch019

Interpretation

s.sch019

Agreements under section 129(1)

s.sch019

(1) Sub-paragraph (2) applies where a person who—

s.sch019

Demesne land

s.sch019

Land subject to escheat

s.sch019

Bona vacantia

s.sch019

Agreements for the purposes of section 117

s.sch019

Modification of Part 7 in relation to obligations under certain Crown conservation covenants

s.sch019

References in Part 7 to an obligation of the landowner...

s.sch019

(1) Section 122 has effect with the following modifications in...

s.sch020

Acquisition of Land Act 1981 (c. 67)

s.sch020

In section 23 (compensation), after subsection (5) insert—

s.sch020

(1) Section 27 (powers of acquiring authority in temporary possession...

s.sch020

In section 30 (interpretation), at the appropriate place, insert— “obligation...

s.sch020

(1) Section 12 (notice of compulsory purchase by local and...

s.sch020

(1) Paragraph 3 of Schedule 1 (notice of compulsory purchase...

s.sch020

Housing and Planning Act 2016 (c. 22)

s.sch020

(1) Section 203 (power to override easements and other rights)...

s.sch020

(1) Section 204 (compensation for overridden easements etc) is amended...

s.sch020

In section 205(1) (interpretation), at the appropriate place insert— “obligation...

s.sch020

Neighbourhood Planning Act 2017 (c. 20)

s.sch020

In section 20 (notice requirements relating to taking temporary possession),...

s.sch021

Amendment of the REACH Regulation

s.sch021

Amendment of the REACH Enforcement Regulations 2008

s.sch021

Consent of the devolved administrations

s.sch021

Requests by devolved administrations for exercise of powers under this Schedule

s.sch021

Consultation

s.sch021

The protected provisions

s.sch021

Other interpretation

Read the full Act on legislation.gov.uk (opens in a new tab)

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

Environment Agency

Primary

Environmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …

Ofwat

Water Services Regulation Authority

Economic regulator for the water and sewerage sectors in England and Wales. Sets price limits, monitors service quality, and enforces environmental duties. …

DWI

Drinking Water Inspectorate

Regulates drinking water quality in England and Wales. Audits water companies, investigates water quality incidents, and approves products and substances used in …

OEP

Office for Environmental Protection

Independent body established post-Brexit to scrutinise environmental law and investigate complaints about public authorities' failures to comply with environmental law in England …

NatureScot

Scotland's nature agency. Advises government, manages protected areas, licenses activities affecting wildlife. Formerly Scottish Natural Heritage (SNH).

DEFRA

Department for Environment, Food and Rural Affairs

Government department responsible for environmental protection, food production and standards, agriculture, fisheries, and rural communities. Sets environmental policy and works with agencies …

Forestry Commission

Government department responsible for protecting, expanding, and promoting the sustainable management of woodlands in England. Issues felling licences, administers woodland creation grants, …

Natural England

Government adviser for the natural environment in England. Responsible for wildlife licensing (protected species), designating and managing protected sites (SSSIs, National Nature …

Connected legislation

24 statutory instruments

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

Secondary legislation (24)

+ 9 more statutory instruments

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Regulators

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