ADVICE & OPINION
COMPLIANCE
The Environment Bill, which aims to tackle climate change and
protect and restore the natural environment, was initially brought
before the House of Commons in October but was delayed due to
the General Election and subsequent EU withdrawal negotiations. www.barbour-ehs.com
It returned to Parliament on 30 January, and
the re-introduced version features two new
commitments from the October readings, namely:
A ban on exporting plastic to developing countries.
A two-yearly review of significant developments in
international legislation on the environment.
Environment Secretary Theresa Villiers has said the
Bill “sets a gold standard for improving air quality,
protecting nature, increasing recycling and cutting
down on plastic waste.”
The frameworks detailed in the Bill replace the UK’s
current obligations under EU law.
OEP – THE UK’S POST-BREXIT “WATCHDOG”
FOR GREEN ISSUES
A new independent O ice for Environmental
Protection will be established to scrutinise
environmental policy and law, investigate
complaints and take enforcement action against
public authorities, if necessary, to uphold
environmental standards.
The Bill confirms that the OEP’s powers will cover all
climate change legislation and hold the government
to account on its commitment to reach net zero
emissions by 2050. According to the Government,
this ambition will be supported by championing
nature-based solutions, helping to demonstrate a
commitment to tackle climate change.
LEGALLY BINDING TARGET
Specifically, the Bill outlines a series of other
commitments that include the following:
Ensure the environment is at the heart of
all government policy making and that this
government – and future governments – are held to
account if they fail to uphold their environmental
duties. In addition to the 2050 net zero emission
target, this also includes wider long-term legally
binding targets on biodiversity, air quality, water,
and resource e iciency and waste management
that are established under the Bill. And the
Government says it will conduct a review every two
12 MARCH 2020
years of significant developments in international
legislation on the environment to ensure it keeps
abreast of developments in driving forward
environmental protection legislation. Defra says
Government will publish this review and ensure
its findings are factored into the Environmental
Improvement Plan and environmental target setting
process, both of which will be enshrined in law.
Transform the way waste is managed – through
powers that enable the requirement on producers
to take more responsibility for the products and
materials they place on the market, including
when they become waste, introducing a consistent
approach to recycling, tackling waste crime, creating
powers to introduce bottle deposit return schemes
and having more e ective litter enforcement. A
power to stop the export of polluting plastic waste to
less developed countries will ensure that more waste
is dealt with at home and lighten the UK’s footprint
on the planet. Government will consult with industry,
NGOs, and local authorities on specific restrictions
or prohibitions. The Bill will also create powers to
introduce new charges for single use plastic items
to minimise their use and incentivising reusable
alternatives to reduce their environmental impact.
In association with
Improve air quality – by introducing measures to
reduce pollution so children and young people
can live longer healthier lives. Government is
committing to set an ambitious, legally binding
target to reduce fine particulate matter, the
pollutant of greatest harm to human health. In
addition, the Bill will ensure that local authorities
have a clear framework for tackling air pollution
and simple to use powers to address pollution in
their areas.
Powers to recall vehicles that do not meet legal
emission standards – the government will be
empowered to mandate manufacturers to recall
vehicles and machinery when they do not meet the
relevant environmental standards.
Restore and enhance nature – through ‘biodiversity
net gain’ Government says it will ensure that the
new houses built are delivered in a way which
protects and enhances nature, helping to deliver
thriving natural spaces for local communities.
Government will lay the foundation for the Nature
Recovery Network to deliver long lasting action
for nature by establishing Local Nature Recovery
Strategies, strengthening the duty on public
authorities to enhance biodiversity and giving
communities a greater say in the management of
street trees. Government says it is also legislating
for conservation covenants to improve long-term
conservation management.
Protect precious water resources – by increasing
sustainable water management through securing
long-term, resilient water and wastewater services
in the face of a changing climate. Powers to direct
water companies to work together to meet current
and future demand for water will make planning
more robust.
The Bill will have to go through the House of
Commons and the House of Lords before receiving
Royal Assent to become law. The next stage is the
Second Reading, where MPs will consider the Bill;
a date for the Second Reading has not yet been
announced.
/www.barbour-ehs.com
