Jurisdiction: United Kingdom / England

Commencement: 12th February 2024

Amends:

Mini Summary

The Environment Act 2021 aims to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements.


The Town and Country Planning Act 1990 defines the scope of town and country planning and the legislative framework for structure preparation, local plan, administration and development control is set out. Furthermore, planning permission is required for the development of land or buildings.

Duties
Various duties apply.

 

Amendment

Town and Country Planning Act 1990

Biodiversity gain plan
Applications for planning permission in England must now be accompanied by a biodiversity gain plan. This must include information on:

*The biodiversity value of the site is measured using the biodiversity metric.

Licences
Additional conditions may be imposed on licences in England. Organisations may now be required to:

Enhancements must increase the biodiversity value of the site.

These Regulations do not apply to developments where an application was made before 12th February 2024.


Environment Act 2021

The following sections come into force on 12th February 2024.

Minor technical changes are made to:

There are no changes to duties for organisations.

 

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Jurisdiction: England & Wales

Commencement: 12th February 2024

Amends: The Biodiversity Gain Site Register Regulations 2024
Mini Summary

The Biodiversity Gain Site Register Regulations 2024 sets out that Natural England must establish a register of biodiversity gain sites. This must be accessible to the public.

Land may be registered as a biodiversity gain site if:

  • work is carried out to conserve or enhance the habitat;
  • the work is carried out in England;
  • the enhancement will be maintained for a minimum of 30 years; and
  • the habitat is monitored to determine the effectiveness of the enhancement.

Each entry must be assigned a unique registration number.

Duties
Various duties apply.

 

Amendment

Fees and fines are set out in relation to applications to register land on the biodiversity gain site register.

Fines

Natural England may impose a fine of up to £5,000 for provision of false or misleading information in connection with an application to register land on the biodiversity gain site register.

Fees

A fee must be paid for applications under The Biodiversity Gain Site Register Regulations 2024. The fees for different types of applications are listed in the Schedule.

The fees must be paid by the applicant within 28 days from the date when the application is received by Natural England.

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The implementation of Biodiversity Net Gain (BNG), which was initially set to commence in November 2023, has been delayed by the Government until January 2024.
What is BNG?
BNG was introduced by the Environment Act 2021 as a strategy to develop land and contribute to the recovery of nature. This means developers must deliver a net positive effect for the local environment, for example by creating new habitats and green spaces.

It aims to ensure the habitat for wildlife is in a better state than it was before development. To receive planning permission, most developments in England will need to achieve a minimum 10% BNG, measured in biodiversity units using the Statutory biodiversity metric tool.
Who does it apply to
BNG will apply to land managers, developers, and local planning authorities.

Land managers

Land managers can generate and sell biodiversity units, which can then be allocated to developments. This can be done by creating new habitats or enhancing existing habitats.

To get an idea of what habitat could be created or enhanced on their land, land managers can check the local nature recovery strategy (LNRS) or ask the local planning authority for additional guidance.

Land managers also need to calculate the biodiversity units on their site. Using a qualified ecologist is recommended for this task.

The next step is to secure the land by a legal agreement, which will require a commitment to manage the habitat for at least 30 years.

When BNG becomes mandatory, land managers will also need to register their land as a biodiversity gain site.

Finally, the land manager will need to price their biodiversity units, which they can then sell:

Developers

To achieve the 10% Biodiversity Net Gain, developers can:

In some instances, a combination of these options can be used, subject to approval.

Local planning authority

Local planning authorities must approve development work plans for BNG. Approval is required before BNG work can start.
Commencement dates
From January 2024, developers in England will be required to deliver 10% BNG when building new housing, industrial or commercial developments.

For small sites, BNG will apply from April 2024, and for Nationally Significant Infrastructure Projects from 2025.

Jurisdiction: Republic of Ireland

Commencement: 21st July 2022

Amends: New Legislation
Mini Summary

This Act lays down the foundations of a circular economy in Ireland and makes several provisions to facilitate the transition towards this model. There are no direct compliance duties for organisations under the Act; however, secondary legislation may be applicable.

 

Summary

This Act came into force on 21st July 2022 and applies to Ireland only. It includes various provisions to enable Ireland’s transition to a circular economy.

A circular economy, in contrast with the standard ‘take-make-dispose’ linear economy, is a closed-loop system aimed at tackling global challenges such as biodiversity loss, waste, pollution and climate change, where the focus is on:

Duties
Various duties apply.

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Jurisdiction: Scotland

Commencement: 9th March 2022

Amends: The Environment Protection Act 1990
Mini Summary

The Environment Protection Act 1990 provides the framework for a number of different areas of environmental regulation including waste management, contaminated land, statutory nuisances and control of litter.

Amendment
The following have been added to the list in Section 153, identifying who may be given financial assistance by Scottish Ministers.


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