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Jurisdiction: United Kingdom / England
Commencement: 12th February 2024
Amends:
The Environment Act 2021 aims to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements.
Various duties apply.
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
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:
Each entry must be assigned a unique registration number.
Various duties apply.
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.
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.
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.
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
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:
Various duties apply.
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Jurisdiction: Scotland
Commencement: 9th March 2022
Amends: The Environment Protection Act 1990
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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