Environment Bill (HC Bill 3)

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(7) A body appointed under subsection (1) as the responsible body under a
conservation covenant must notify its appointment to every person who is
bound by an obligation of the landowner under the covenant.

113 Body ceasing to be a responsible body

(1) 5Subsections (2) and (3) apply if a body which is the responsible body under a
conservation covenant ceases to be a designated body.

(2) The body ceases to be the responsible body under the conservation covenant.

(3) The following transfer to the Secretary of State—

(a) the benefit of every obligation of the landowner under the covenant,
10and

(b) the burden of every obligation of the responsible body under the
covenant.

(4) Subsection (3) does not have effect to transfer any right or liability in respect of
an existing breach of obligation.

(5) 15If subsection (3) has effect in relation to a conservation covenant, the Secretary
of State becomes custodian of the covenant until—

(a) an appointment under section 112(1) by the Secretary of State has effect
in relation to the covenant, or

(b) the Secretary of State makes an election under subsection (6) in relation
20to the covenant.

(6) If custodian of a conservation covenant, the Secretary of State may elect to be
the responsible body under the covenant by giving written notice of election to
every person who is bound by an obligation of the landowner under the
covenant.

(7) 25The Secretary of State may, as custodian of a conservation covenant—

(a) enforce any obligation of the landowner under the covenant, and

(b) exercise in relation to the covenant any power conferred by this Part on
the responsible body under the covenant.

(8) In relation to any period as custodian of a conservation covenant, the Secretary
30of State has no liability with respect to performance of any obligation of the
responsible body under the covenant.

Miscellaneous

114 Effect of acquisition or disposal of affected land by responsible body

If the responsible body under a conservation covenant acquires an estate in
35land to which an obligation under the covenant relates (whether an obligation
of the landowner or of the responsible body under the covenant)—

(a) the acquisition does not have effect to extinguish the obligation,

(b) section 103(2)(b) applies to the body as it would apply to any other
person acquiring the estate in land in the same circumstances, and

(c) 40any obligation of the responsible body under the covenant continues to
bind the body in accordance with this Part.

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115 Effect of deemed surrender and re-grant of qualifying estate

(1) Subsection (2) applies if a term of years absolute which is the qualifying estate
in relation to an obligation under a conservation covenant is deemed to be
surrendered and re-granted by operation of law.

(2) 5In the application of sections 103, 104 and 108 to the period after the deemed
surrender, references to the qualifying estate are to be read as including a
reference to the term of years deemed to be granted.

116 Land passing as bona vacantia

If, as a result of the passing as bona vacantia of an interest in land to which an
10obligation of the landowner under a conservation covenant relates, the person
to whom the interest passes is bound by the obligation, that person has no
liability in respect of the obligation until such time as that person takes
possession or control of the land or enters into occupation of it.

117 Declarations about obligations under conservation covenants

(1) 15The court or Upper Tribunal may on the application of any person interested
declare—

(a) whether anything purporting to be a conservation covenant is a
conservation covenant;

(b) whether any land is land to which an obligation under a conservation
20covenant relates,

(c) whether any person is bound by, or entitled to the benefit of, an
obligation under a conservation covenant and, if so, in respect of what
land,

(d) what, upon the true construction of any instrument by means of which
25an obligation under a conservation covenant is created or modified, is
the nature of the obligation.

(2) No application under section 84(2) of the Law of Property Act 1925 (which
enables the court on application to make declarations about restrictions under
instruments) may be made in relation to an obligation under a conservation
30covenant.

(3) In this section “the court” means the High Court or the county court.

118 Duty of responsible bodies to make annual return

(1) A designated body must make an annual return to the Secretary of State stating
whether, during the period to which the return relates, there were any
35conservation covenants under which an obligation was owed to it as the
responsible body.

(2) If there were any such conservation covenants, the annual return must—

(a) state the number of conservation covenants;

(b) state, for each conservation covenant, the area of the land in relation to
40which the body was owed any obligation as the responsible body.

(3) The annual return must also give any information that is prescribed under
subsection (4).

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(4) The Secretary of State may by regulations make provision about annual returns
to be made by a designated body, including in particular provision—

(a) prescribing information to be included in an annual return (but see
subsection (5)),

(b) 5specifying the twelve month period to which an annual return is to
relate, and

(c) specifying the date by which an annual return is to be made.

(5) Any information prescribed for inclusion in an annual return made by a
designated body must be information about or connected with—

(a) 10the designated body;

(b) its activities over the period to which the return relates;

(c) any conservation covenant under which an obligation was owed to it as
the responsible body during that period;

(d) the land in relation to which it was owed an obligation as the
15responsible body under a conservation covenant.

(6) Regulations under this section are subject to the negative procedure.

Supplementary

119 Crown application

Schedule 18 makes provision about the application of this Part to Crown land.

120 20Index of defined terms in Part 7

The following Table sets out expressions defined or explained in this Part for
general purposes.

Expression Provision
25conservation covenant sections 98(1) and 100(1)
conservation purpose section 98(4)
conserving (something) 30section 98(5)
designated body section 99(1)(b)
natural environment (in relation
to land)
35section 98(5)
qualifying estate (generally) section 98(5)
the qualifying estate (in relation
to an obligation under a
40conservation covenant)
section 98(5)
responsible body section 99

121 Consequential amendments relating to Part 7

45 Schedule 19 makes consequential amendments relating to this Part.

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Part 8 Miscellaneous and general provisions

Regulation of chemicals

122 Amendment of REACH legislation

5Schedule 20 confers powers to amend the REACH Regulation and the REACH
Enforcement Regulations 2008.

General provisions

123 Consequential provision

(1) The Secretary of State may by regulations make provision that is consequential
10on this Act or regulations under this Act.

(2) The Welsh Ministers may by regulations make provision that is consequential
on—

(a) a provision within section 128(4) (provisions to be commenced by
Welsh Ministers), or

(b) 15regulations under this Act made by the Welsh Ministers.

(3) The Scottish Ministers may by regulations make provision that is
consequential on—

(a) a provision within section 128(5) (provisions to be commenced by
Scottish Ministers), or

(b) 20regulations under this Act made by the Scottish Ministers.

(4) The Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may by regulations make provision that is consequential on—

(a) a provision within section 128(6) (provisions to be commenced by the
Department), or

(b) 25regulations under this Act made by the Department.

(5) Regulations under this section may amend or repeal provision made by or
under any legislation (whenever passed or made).

(6) Regulations under this section are subject to the affirmative procedure if they
amend or repeal any provision of—

(a) 30an Act of Parliament,

(b) a Measure or Act of the National Assembly for Wales,

(c) an Act of the Scottish Parliament,

(d) Northern Ireland legislation, or

(e) retained direct principal EU legislation.

(7) 35Regulations under this section to which subsection (6) does not apply are
subject to the negative procedure.

(8) Regulations under this section—

(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of the National Assembly for Wales, would be
40within the legislative competence of the Assembly;

Environment BillPage 114

(b) made by the Scottish Ministers, may contain only provision which, if
contained in an Act of the Scottish Parliament, would be within the
legislative competence of the Parliament;

(c) made by the Department of Agriculture, Environment and Rural
5Affairs in Northern Ireland, may contain only provision which, if
contained in an Act of the Northern Ireland Assembly, would be within
the legislative competence of the Assembly and would not require the
Secretary of State’s consent.

(9) Regulations under this section made by the Secretary of State may not contain
10provision that could be contained in regulations under this section—

(a) made by the Welsh Ministers, unless the Welsh Ministers consent;

(b) made by the Scottish Ministers, unless the Scottish Ministers consent;

(c) made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, unless the Department consents.

124 15Regulations

(1) A power to make regulations under any provision of this Act includes power
to make—

(a) supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes or areas.

(2) 20Subsection (1) does not apply to regulations under section 128 or 129.

(3) Regulations under this Act made by—

(a) the Secretary of State, or

(b) the Welsh Ministers,

are to be made by statutory instrument.

(4) 25A power of the Department of Agriculture, Environment and Rural Affairs in
Northern Ireland to make regulations under this Act is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).

(5) Where regulations under this Act made or to be made by the Secretary of
30State—

(a) are subject to the negative procedure, the statutory instrument
containing them is subject to annulment in pursuance of a resolution of
either House of Parliament;

(b) are subject to the affirmative procedure, they may not be made unless
35a draft of the statutory instrument containing them has been laid
before, and approved by a resolution of, each House of Parliament.

(6) Where regulations under this Act made or to be made by the Welsh
Ministers—

(a) are subject to the negative procedure, the statutory instrument
40containing them is subject to annulment in pursuance of a resolution of
the National Assembly for Wales;

(b) are subject to the affirmative procedure, they may not be made unless
a draft of the statutory instrument containing them has been laid
before, and approved by a resolution of, the National Assembly for
45Wales.

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(7) Where regulations under this Act made or to be made by the Department of
Agriculture, Environment and Rural Affairs in Northern Ireland—

(a) are subject to the negative procedure, they are subject to negative
resolution within the meaning given by section 41(6) of the
5Interpretation Act (Northern Ireland) 1954;

(b) are subject to the affirmative procedure, they may not be made unless
a draft of the regulations has been laid before and approved by a
resolution of the Northern Ireland Assembly.

(8) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland)
10Act 2010 (asp 10)) for the meaning of “the negative procedure” and “the
affirmative procedure” in relation to regulations under this Act made or to be
made by the Scottish Ministers.

(9) Any provision that may be made by regulations under this Act subject to the
negative procedure may be made by regulations subject to the affirmative
15procedure.

125 Crown application

(1) This Act binds the Crown, subject to subsection (2).

(2) An amendment or repeal made by this Act binds the Crown to the same extent
as the provision amended or repealed.

126 20Financial provisions

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) any increase attributable to this Act in the sums payable under any other Act
25out of money so provided.

127 Extent

(1) In Part

1

of this Act (environmental governance)—

(a) 30Chapter

1

(improving the natural environment) and section 23
(monitoring and reporting on environmental improvement plans and
targets) extend to England and Wales;

(b) 35the remaining provisions extend to England and Wales, Scotland and
Northern Ireland.

(2) Part

2

of this Act (environmental governance: Northern Ireland) extends to
40Northern Ireland, except that—

(a) in Part 1 of Schedule 3, paragraphs 16 and 17(7) extend to England and
Wales, Scotland and Northern Ireland;

(b) an amendment or repeal made by Part 2 of Schedule 3 has the same
extent as the provision amended or repealed.

(3) 45In Part

3

of this Act (waste and resource efficiency)—

(a) the following provisions extend to England and Wales, Scotland and
Northern Ireland—

(i) 50sections 46 and Schedule 6 (producer responsibility for disposal
costs);

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(ii) section 47 and Schedule 7 (resource efficiency information);

(iii) section 48 and Schedule 8 (resource efficiency standards);

(b) the following provisions extend to England and Wales and Northern
Ireland—

(i) 5section 49 and Schedule 9 (deposit schemes);

(ii) sections 50 and Schedule 10 (charges for single use plastic items
etc);

(c) the following provisions extend to England and Wales—

(i) section 56 (hazardous waste);

(ii) 10section 61 and Schedule 11 (enforcement powers);

(iii) section 63 (littering enforcement);

(d) section 66 (waste regulation: amendment of Northern Ireland Order)
extends to Northern Ireland;

(e) an amendment or repeal has the same extent as the provision amended
15or repealed, except where contained in a provision for which a different
extent is provided by this subsection.

(4) In Part

4

of this Act (air quality and environmental recall)—

(a) 20section 68 and Schedule 13 (smoke control areas) extend to England
and Wales;

(b) sections 69 to 72 (recall of motor vehicles) extend to England and Wales,
Scotland and Northern Ireland;

(c) an amendment or repeal has the same extent as the provision amended
25or repealed, except where contained in a provision for which a different
extent is provided by this subsection.

(5) In Part

5

of this Act (water)—

(a) 30sections 79 and 83 (water quality) extend to England and Wales,
Scotland and Northern Ireland;

(b) section 80 (water quality - powers of Welsh Ministers) extends to
England and Wales;

(c) section 81 (water quality - powers of Northern Ireland Department)
35extends to Northern Ireland;

(d) section 82 (Solway Tweed river basin district) extends to England and
Wales and Scotland;

(e) an amendment or repeal has the same extent as the provision amended
or repealed.

(6) 40Part

6

of this Act (nature and biodiversity) extends to England and Wales.

(7) Part

7

45 of this Act (conservation covenants) extends to England and Wales.

(8) This Part (miscellaneous and general provisions) extends to England and
Wales, Scotland and Northern Ireland.

128 Commencement

(1) This Part of this Act (miscellaneous and general provisions) comes into force
50on the day on which this Act is passed.

(2) The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which this Act is passed—

(a) section 44 and Schedule 4 (producer responsibility);

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(b) section 46 and Schedule 6 (producer responsibility for disposal costs) so
far as relating to England and Wales and Scotland;

(c) section 47 and Schedule 7 (resource efficiency information) so far as
relating to England and Wales and Scotland;

(d) 5section 48 and Schedule 8 (resource efficiency standards) so far as
relating to England and Wales and Scotland;

(e) section 49 and Schedule 9 (deposit schemes) so far as relating to
England and Wales;

(f) section 50 and Schedule 10 (charges for single use plastic items) so far
10as relating to England and Wales;

(g) section 51 (carrier bag charge) so far as relating to England and Wales;

(h) section 54 (electronic tracking of waste);

(i) section 61 and Schedule 11 (enforcement powers);

(j) section 65 (regulation of polluting activities);

(k) 15section 78 (water abstraction in England);

(l) sections 79, 80, 82 and 83 (water quality);

(m) section 87 (disclosure of HMRC information).

(3) The following provisions of this Act come into force on such day as the
Secretary of State may by regulations appoint —

(a) 20Part

1

(environmental principles and governance);

(b) section 52 (separate collection of waste);

(c) section 56 (hazardous waste);

(d) 25section 58 (transfrontier shipments of waste);

(e) section 59 (charging powers), so far as relating to the Environment
Agency;

(f) section 63 (littering enforcement);

(g) section 64 (fixed penalty notices);

(h) 30section 67 and Schedule 12 (local air quality management framework);

(i) Parts 1 and 3 of Schedule 13 (smoke control areas) and section 68 so far
as relating to those Parts;

(j) sections 69 to 72 (recall of motor vehicles);

(k) sections 73 and 74 (water management plans etc), so far as relating to
35undertakers whose areas are wholly or mainly in England;

(l) sections 75 and 77 (amendments to Water Industry Act 1991), so far as
relating to undertakers whose areas are wholly or mainly in England
and licensees using the systems of such undertakers;

(m) section 76 and Schedule 14 (appointment of water and sewerage
40undertakers in England);

(n) section 84 (valuation of other land in drainage districts: England);

(o) section 86 (valuation of agricultural land in drainage districts), so far as
relating to internal drainage districts which are wholly or mainly in
England;

(p) 45Part

6

(nature and biodiversity);

Part

7

50 (conservation covenants).

(4) The following provisions of this Act come into force on such day as the Welsh
Ministers may by regulations appoint—

(a) section 59 (charging powers), so far as relating to the Natural Resources
Body for Wales;

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(b) Part 2 of Schedule 13 (smoke control areas) and section 68 so far as
relating to that Part;

(c) section 73 and 74 (water management plans etc), so far as relating to
undertakers whose areas are wholly or mainly in Wales;

(d) 5sections 75 and 77 (amendments to Water Industry Act 1991), so far as
relating to undertakers whose areas are wholly or mainly in Wales and
licensees using the systems of such undertakers;

(e) section 85 (valuation of other land in drainage districts: Wales);

(f) section 86 (valuation of agricultural land in drainage districts), so far as
10relating to internal drainage districts which are wholly or mainly in
Wales.

(5) Section 59 (charging powers), so far as relating to the Scottish Environment
Protection Agency, comes into force on such day as the Scottish Ministers may
by regulations appoint.

(6) 15The following provisions of this Act come into force on such day as the
Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may by order appoint—

(a) Part

2

20 (environmental governance: Northern Ireland);

(b) section 45 and Schedule 5 (producer responsibility obligations);

(c) section 46 and Schedule 6 (producer responsibility for disposal costs) so
far as relating to Northern Ireland;

(d) section 47 and Schedule 7 (resource efficiency information) so far as
25relating to Northern Ireland;

(e) section 48 and Schedule 8 (resource efficiency standards) so far as
relating to Northern Ireland;

(f) sections 49 and Schedule 9 (deposit schemes) so far as relating to
Northern Ireland;

(g) 30section 50 and Schedule 10 (charges for single use plastic items), so far
as relating to Northern Ireland;

(h) section 51 (carrier bag charge) so far as relating to Northern Ireland;

(i) section 53 (separation of waste: Northern Ireland);

(j) section 55 (electronic waste tracking: Northern Ireland);

(k) 35section 57 (hazardous waste: Northern Ireland);

(l) section 60 (waste charging: Northern Ireland);

(m) section 62 (enforcement powers: Northern Ireland);

(n) section 66 (amendment to Northern Ireland Order);

(o) section 81 (water quality - powers of Northern Ireland Department).

(7) 40An order under subsection (6) may not appoint a day for the coming into force
of the following provisions of Schedule 3 (OEP’s Northern Ireland functions),
unless the Secretary of State consents—

(a) paragraphs 16 and 17(7);

(b) Part 2.

(8) 45The power to make an order under subsection (6) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).

(9) An order under subsection (6) may not be made unless a draft of the order has
been laid before and approved by a resolution of the Northern Ireland
50Assembly.

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(10) A power to make regulations or an order under this section includes power to
appoint different days for different purposes or areas.

129 Transitional or saving provision

(1) The Secretary of State may by regulations make transitional or saving
5provision in connection with the coming into force of any provision of this Act.

(2) The Welsh Minsters may by regulations make transitional or saving provision
in connection with the coming into force of any provision within section 128(4)
(provisions to be commenced by Welsh Ministers).

(3) The Scottish Ministers may by regulations make transitional or saving
10provision in connection with the coming into force of any provision within
section 128(5) (provisions to be commenced by Scottish Ministers).

(4) The Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may by regulations make transitional or saving provision in connection
with the coming into force of any provision within section 128(6) (provisions to
15be commenced by Department).

(5) Regulations under this section—

(a) made by the Welsh Ministers, may contain only provision which, if
contained in an Act of the National Assembly for Wales, would be
within the legislative competence of the Assembly;

(b) 20made by the Scottish Ministers, may contain only provision which, if
contained in an Act of the Scottish Parliament, would be within the
legislative competence of that Parliament;

(c) made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, may contain only provision which, if
25contained in an Act of the Northern Ireland Assembly, would be within
the legislative competence of the Assembly and would not require the
Secretary of State’s consent.

(6) Regulations under this section made by the Secretary of State may not contain
provision that could be contained in regulations under this section—

(a) 30made by the Welsh Ministers, unless the Welsh Ministers consent;

(b) made by the Scottish Ministers, unless the Scottish Ministers consent;

(c) made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, unless the Department consents.

(7) Any provision which could be made by regulations under this section made by
35the Department of Agriculture, Environment and Rural Affairs in Northern
Ireland may be made by an order made by the Department under section 128.

(8) A power to make regulations or an order under this section includes power to
make different provision for different purposes or areas.

130 Short title

40This Act may be cited as the Environment Act 2019.