Environment Act 2021 (enhancement)
What this means for your business
- Enforced by
- Environment Agency, Ofwat, DWI, OEP, NatureScot, DEFRA, Forestry Commission, Natural England
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 22 practical guides across 3 topics
What you must do
6 compliance obligations under this legislation — 2 can result in imprisonment.
Management duties 2
Comply with compulsory product recall notices
If you manufacture or distribute a product that the Secretary of State says fails an environmental standard, you must organise its return (or the return of any product it’s part of) and follow any extra steps the notice spells out, such as notifying the public or destroying the item.
Organise product recall when issued a compulsory recall notice
If the Secretary of State serves you with a compulsory recall notice because a product you make or distribute fails an environmental standard, you must arrange for that product (and possibly the whole item it is part of) to be returned from anyone who has received it. You also have to follow any extra steps the notice requires, such as stopping sales, informing the authorities, or disposing of the product safely.
Offences and prohibitions 4
Acquire controlled solid fuel for prohibited use
Unlimited fineIf your business buys any solid fuel that is subject to a smoke‑control order and then uses it in a building, fireplace or fixed boiler/industrial plant covered by that order, you are committing a criminal offence. Conviction can lead to a fine (generally unlimited) and possibly a short custodial sentence.
Emit smoke in a smoke‑control area
Fine up to £300If smoke is released from a chimney that is covered by a smoke‑control order, the local authority can serve a notice of intent and, if you do not successfully object, impose a financial penalty of at least £175 and no more than £300. The penalty is a civil debt that must be paid (normally within 28 days of the final notice) and can be recovered by the council. There is no imprisonment risk, but failure to pay can lead to further enforcement action.
Illegally disclose Revenue & Customs information
2 years imprisonmentIf you disclose Revenue and Customs information to someone who is not a qualifying person or for a purpose that is not qualifying, you breach the law. The same applies if you pass on such information that can identify a person when it shouldn’t be. Conviction can lead to up to two years in prison, an unlimited fine, or both.
Unauthorised disclosure of Revenue and Customs information
2 years imprisonmentIf you share Revenue and Customs information with someone who is not a ‘qualifying person’ or for a purpose that is not a ‘qualifying purpose’, you are committing an offence. This applies to any business or individual who handles such data, such as staff, contractors or advisers. Conviction can result in up to two years’ imprisonment and an unlimited fine.
Penalties for non-compliance
4 penalties under this legislation. 2 can result in imprisonment. 3 carry an unlimited fine.
Illegally disclose Revenue & Customs information
Unlimited fine and/or 2 years imprisonment
Unauthorised disclosure of Revenue and Customs information
Unlimited fine and/or 2 years imprisonment
Acquire controlled solid fuel for prohibited use
Unlimited fine
Emit smoke in a smoke‑control area
Fine up to £300
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 17
Packaging Producer Responsibility
Register for EPR, report packaging data, and meet recycling obligations through PRN/PERN purchases or compliance schemes.
Packaging Design Requirements
Meet essential requirements and labelling standards for packaging.
Commercial waste management for hospitality businesses
How to manage commercial waste from hospitality premises including duty of care obligations, using registered waste carriers, cooking …
Environmental obligations for retailers
Environmental compliance for retail businesses. Covers WEEE registration, packaging waste, EPR, carrier bag charge, single-use plastics ban, Simpler …
Food waste management
Comply with food waste segregation and disposal duties.
Understand your farm's regulatory obligations
A regulatory map for UK farms, showing which of 10+ regulatory bodies apply by farm type. Links to …
Get an environmental permit for intensive livestock
Step-by-step guide for intensive poultry and pig farmers who need an Environment Agency environmental permit under the Environmental …
Planning for small sites (under 10 units)
Streamlined planning guidance for small residential developments (1-9 units) in England. Covers what counts as minor development, simplified …
BNG for small sites (under 10 units)
Biodiversity net gain guidance specifically for small residential developments. Covers exemptions, the Small Sites Metric, simplified assessments, and …
Meet biodiversity net gain requirements for development
How to comply with mandatory 10% biodiversity net gain (BNG) requirements when developing land in England. Covers the …
Packaging waste producer responsibilities
Who must comply with Extended Producer Responsibility (EPR) for packaging, how to register and report data, and what …
UK Emissions Trading Scheme (UK ETS) compliance
Complete guide to UK ETS obligations for installations, aviation operators, and maritime operators. Covers registration thresholds, annual reporting …
Plastic Packaging Tax
Tax obligations for businesses importing or manufacturing plastic packaging with less than 30% recycled content.
Purchase biodiversity credits
How to buy statutory biodiversity credits and off-site habitat bank units when on-site delivery cannot achieve the required …
Clean Air Zones and emission requirements for goods vehicles
How Clean Air Zones affect goods vehicle operators. Covers the CAZ classification framework, current zones and charges by …
Compliance for van and light goods vehicle operators
What applies when operating vans and light goods vehicles under 3.5 tonnes. Vans do not need an operator …
Comply with biodiversity net gain for development in England
If you are developing land in England, you must achieve at least 10% biodiversity net gain (BNG) as …
Environment & Sustainability 3
Meet your environmental compliance obligations under the Environment Act 2021
Understand which provisions of the Environment Act 2021 apply to your business and how to comply. Covers biodiversity …
Business waste management
Your legal duty of care for waste, waste transfer notes, and avoiding fly-tipping liability.
SECR and ESOS - energy and carbon reporting
Mandatory energy and emissions reporting requirements for large companies and LLPs.
Premises & Operations 2
Simpler Recycling - what your business must do
New Simpler Recycling rules require businesses in England to separate recyclable waste into distinct streams. Larger businesses (10+ …
Prepare for Digital Waste Tracking
The UK government is introducing mandatory Digital Waste Tracking to replace paper waste transfer notes and consignment notes. …
Sections and provisions
171 classified provisions from this legislation.
Duties 18
- s.5 Environmental targets: effect Secretary of State
- s.6 Environmental targets: reporting duties
- s.7 Environmental targets: review
- s.12 Reviewing and revising plans: other requirements
- s.13 Renewing environmental improvement plans
- s.15 Renewing plans: other requirements
- s.23 Principal objective of the OEP and exercise of its functions
- s.24 The OEP’s strategy: process
- s.25A Guidance on the OEP’s Northern Ireland enforcement policy and functions
- s.26 Memorandum of understanding
- s.28 Monitoring and reporting on environmental improvement plans and targets
- s.29 Monitoring and reporting on environmental law But the OEP
- s.30 Advising on changes to environmental law etc proposed change
- s.34 Duty to keep complainants informed investigation in relation
- s.35 Information notices
- s.75 Compulsory recall notices
- s.80 Storm overflows
- s.84 Report on elimination of discharges from storm overflows
Powers 49
- s.1 Environmental targets
- s.4 Environmental targets: process
- Schedule 8 Deposit schemes
- s.16 Environmental monitoring
- s.18 Policy statement on environmental principles: process
- s.25 Guidance on the OEP’s enforcement policy and functions
- s.36 Decision notices
- s.46 Meaning of “environmental law”
- s.50 Producer responsibility obligations
- s.51 Producer responsibility for disposal costs
- s.52 Resource efficiency information
- s.53 Resource efficiency requirements
- s.54 Deposit schemes
- s.55 Charges for single use items
- s.56 Charges for carrier bags
- s.74 Environmental recall of motor vehicles etc
- s.76 Further provision about regulations under section 74
- s.79 Drainage and sewerage management plans
- s.81 Reporting on discharges from storm overflows
- s.82 Monitoring quality of water potentially affected by discharges
- ... and 29 more powers
Definitions 25
- s.2 Environmental targets: particulate matter PM 2.5 the PM 2.5 air quality target
- s.3 Environmental targets: species abundance the species abundance target
- s.8 Environmental improvement plans
- s.10 Reviewing and revising environmental improvement plans
- s.17 Policy statement on environmental principles environmental principles
- s.20 Statements about Bills containing new environmental law
- s.22 The Office for Environmental Protection
- s.31 Failure of public authorities to comply with environmental law public authority
- s.42 Disclosures to the OEP
- s.44 Meaning of “natural environment” natural environment
- s.45 Meaning of “environmental protection” environmental protection
- s.47 Interpretation of Part 1: general decision notice devolved environmental governance body devolved environmental governance function
- s.77 Interpretation of sections 74 to 76 compulsory recall notice distributor manufacturer
- s.93 Water quality: interpretation river basin district Water Framework Directive
- s.108 Interpretation Local authority National conservation site
- s.117 Conservation covenant agreements qualifying estate ancillary obligation
- s.118 Conservation covenants
- s.121 Duration of obligation under conservation covenant
- s.124 Breach of obligation
- s.138 Index of defined terms in Part 7
- ... and 5 more definitions
Exemptions 19
- s.11 Reviewing and revising plans: interim targets
- s.14 Renewing plans: interim targets
- s.19 Policy statement on environmental principles: effect
- s.27 Co-operation duties of public authorities and the OEP
- s.32 Complaints
- s.37 Linked notices
- s.38 Environmental review
- s.39 Judicial review: powers to apply in urgent cases and to intervene
- s.40 Duty of the OEP to involve the relevant Minister
- s.41 Public statements
- s.43 Confidentiality of proceedings
- s.115 Local highway authorities in England to consult before felling street trees
- s.122 Benefit and burden of obligation of landowner
- s.123 Benefit of obligation of responsible body
- s.126 Defences to breach of obligation
- s.131 Power of responsible body to appoint replacement
- s.142 Consequential provision
- s.143 Regulations
- Schedule 17 Use of forest risk commodities in commercial activity