Environment Bill (HC Bill 3)

Part 1 Environmental governance

CHAPTER 1 Improving the natural environment

Environmental targets

1 5Environmental targets

(1) The Secretary of State may by regulations set long-term targets in respect of
any matter which relates to—

(a) the natural environment, or

(b) people’s enjoyment of the natural environment.

(2) 10The Secretary of State must exercise the power in subsection (1) so as to set a
long-term target in respect of at least one matter within each priority area.

(3) The priority areas are—

(a) air quality;

(b) water;

(c) biodiversity;

(d) resource efficiency and waste reduction.

(4) A target set under this section must specify—

(a) 5a standard to be achieved, which must be capable of being objectively
measured, and

(b) a date by which it is to be achieved.

(5) Regulations under this section may make provision about how the matter in
respect of which a target is set is to be measured.

(6) 10A target is a “long-term” target if the specified date is no less than 15 years after
the date on which the target is initially set.

(7) A target under this section is initially set when the regulations setting it come
into force.

(8) In this Part the “specified standard” and “specified date”, in relation to a target
15under this section, mean the standard and date (respectively) specified under
subsection (4).

(9) The Secretary of State may not by regulations under this section make any
provision which, if contained in an Act of the National Assembly for Wales,
would be within the legislative competence of the Assembly.

2 20Environmental targets: particulate matter

(1) The Secretary of State must by regulations set a target (“the PM_2.5 air quality
target”) in respect of the annual mean level of PM_2.5 in ambient air.

(2) The PM_2.5 air quality target may, but need not, be a long-term target.

(3) In this section “PM_2.5” means particulate matter with an aerodynamic diameter
25not exceeding 2.5 micrometres.

(4) Regulations setting the PM_2.5 air quality target may make provision defining
“ambient air”.

(5) The duty in subsection (1) is in addition to (and does not discharge) the duty in
section 1(2) to set a long-term target in relation to air quality.

(6) 30Section 1(4) to (9) applies to the PM_2.5 air quality target and to regulations
under this section as it applies to targets set under section 1 and to regulations
under that section.

(7) In this Part “the PM_2.5 air quality target” means the target set under subsection
(1).

3 35Environmental targets: process

(1) Before making regulations under section 1 or 2 the Secretary of State must seek
advice from persons the Secretary of State considers to be independent and to
have relevant expertise.

(2) Before making regulations under section 1 or 2 which set or amend a target the
40Secretary of State must be satisfied that the target, or amended target, can be
met.

(3) The Secretary of State may make regulations under section 1 or 2 which revoke
or lower a target (the “existing target”) only if satisfied that—

(a) meeting the existing target would have no significant benefit compared
with not meeting it or with meeting a lower target, or

(b) 5because of changes in circumstances since the existing target was set or
last amended the environmental, social, economic or other costs of
meeting it would be disproportionate to the benefits.

(4) Before making regulations under section 1 or 2 which revoke or lower a target
the Secretary of State must lay before Parliament, and publish, a statement
10explaining why the Secretary of State is satisfied as mentioned in subsection
(3).

(5) Regulations lower a target if, to any extent, they—

(a) replace the specified standard with a lower standard, or

(b) replace the specified date with a later date.

(6) 15Regulations under section 2 may not revoke the PM_2.5 air quality target (but
may amend it in accordance with this section).

(7) For the purposes of this Part a target is met if the specified standard is achieved
by the specified date.

(8) Regulations under section 1 or 2 are subject to the affirmative procedure.

(9) 20A draft of a statutory instrument (or drafts of statutory instruments) containing
regulations setting—

(a) each of the targets required by section 1(2), and

(b) the PM_2.5 air quality target,

must be laid before Parliament on or before 31 October 2022.

4 25Environmental targets: effect

It is the duty of the Secretary of State to ensure that—

(a) targets set under section 1 are met, and

(b) the PM_2.5 air quality target set under section 2 is met.

5 Environmental targets: reporting duties

(1) 30Regulations under section 1 or 2 must specify a reporting date for any target set
under that section.

(2) On or before the reporting date the Secretary of State must lay before
Parliament, and publish, a statement containing the required information
about the target.

(3) 35The required information about a target is (as appropriate)—

(a) that the target has been met,

(b) that the target has not been met, or

(c) that the Secretary of State is not yet able to determine whether the target
has been met, the reasons for that and the steps the Secretary of State
40intends to take in order to determine whether the target has been met.

(4) Where the Secretary of State makes a statement that the target has not been met
the Secretary of State must, before the end of the 12 month period beginning

with the date on which the statement is laid, lay before Parliament, and
publish, a report.

(5) The report must—

(a) explain why the target has not been met, and

(b) set out the steps the Secretary of State has taken, or intends to take, to
5ensure the specified standard is achieved as soon as reasonably
practicable.

(6) Where the Secretary of State makes a statement that the Secretary of State is not
yet able to determine whether the target has been met the Secretary of State
must, before the end of the 6 month period beginning with the date on which
10the statement is laid, lay before Parliament, and publish, a further statement
containing the required information.

(7) Subsections (3) to (6) apply to further statements under subsection (6) as they
apply to a statement under subsection (2).

6 Environmental targets: review

(1) 15The Secretary of State must review targets set under section 1 and the PM_2.5 air
quality target set under section 2 in accordance with this section.

(2) The purpose of the review is to consider whether the significant improvement
test is met.

(3) The significant improvement test is met if meeting—

(a) 20the targets set under sections 1 and 2, and

(b) any other environmental targets which meet the conditions in
subsection (8) and which the Secretary of State considers it appropriate
to take into account,

would significantly improve the natural environment in England.

(4) 25Having carried out the review the Secretary of State must lay before
Parliament, and publish, a report stating—

(a) whether the Secretary of State considers that the significant
improvement test is met, and

(b) if the Secretary of State considers that the test is not met, the steps the
30Secretary of State intends to take in relation to the powers in section 1
and 2 to ensure that it is met.

(5) The first review must be completed by 31 January 2023.

(6) Subsequent reviews must be completed before the end of the 5 year period
beginning with the day on which the previous review was completed.

(7) 35A review is completed when the Secretary of State has laid and published the
report.

(8) The conditions mentioned in subsection (3)(b) are that—

(a) the target relates to an aspect of the natural environment in England or
an area which includes England,

(b) 40it specifies a standard to be achieved which is capable of being
objectively measured,

(c) it specifies a date by which the standard is to be achieved, and

(d) it is contained in legislation which forms part of the law of England and
Wales.

Environmental improvement plans

7 Environmental improvement plans

(1) 5The Secretary of State must prepare an environmental improvement plan.

(2) An “environmental improvement plan” is a plan for significantly improving
the natural environment in the period to which the plan relates.

(3) That period must not be shorter than 15 years.

(4) An environmental improvement plan must set out the steps Her Majesty’s
10Government intends to take to improve the natural environment in the period
to which the plan relates.

(5) It may also set out steps Her Majesty’s Government intends to take to improve
people’s enjoyment of the natural environment in that period (and if it does so
references in this Part to improving the natural environment, in relation to that
15plan, include improving people’s enjoyment of it).

(6) The Secretary of State’s functions in relation to environmental improvement
plans are not exercisable in relation to the natural environment in Wales.

(7) The document entitled “A green future: our 25 year plan to improve the
environment” published by Her Majesty’s Government on 11 January 2018 is
20to be treated as an environmental improvement plan prepared by the Secretary
of State under this section.

(8) References in this Part—

(a) to the first environmental improvement plan, are to that document;

(b) to the current environmental improvement plan, are to the
25environmental improvement plan for the time being in effect.

8 Annual reports on environmental improvement plans

(1) The Secretary of State must prepare annual reports on the implementation of
the current environmental improvement plan.

(2) An annual report must—

(a) 30describe what has been done, in the period to which the report relates,
to implement the environmental improvement plan, and

(b) consider, having regard to any data obtained under section 15, whether
the natural environment has, or particular aspects of it have, improved
during that period.

(3) 35In considering the matters in subsection (2)(b) an annual report must consider
the progress that has been made towards achieving—

(a) any targets, or any relevant targets, set under sections 1 and 2, and

(b) any interim targets, or any relevant interim targets, set under sections
10 and 13.

(4) 40The first annual report on the first environmental improvement plan may
relate to any 12 month period that includes the day on which this section comes
into force.

(5) The first annual report on a subsequent environmental improvement plan
must relate to the first 12 months of the period to which the plan relates.

(6) Subsequent annual reports on an environmental improvement plan must
relate to the 12 month period immediately following the 12 month period to
5which the previous annual report relates.

(7) An annual report must be laid before Parliament before the end of the 4 month
period beginning immediately after the last day of the period to which the
report relates.

(8) The Secretary of State must publish annual reports laid before Parliament
10under this section.

9 Reviewing and revising environmental improvement plans

(1) The Secretary of State must—

(a) review the current environmental improvement plan in accordance
with this section, section 10 and section 11, and

(b) 15if the Secretary of State of State is required to revise the plan under
section 10, or considers it appropriate to revise the plan as a result of the
review, revise the plan.

(2) The period to which a revised plan relates must end at the same time as the
period to which the current plan relates.

(3) 20The first review of the first environmental improvement plan must be
completed by 31 January 2023.

(4) The first review of a subsequent environmental improvement plan must be
completed before the end of the 5 year period beginning with the day on which
it replaces the previous plan (see section 12(4)).

(5) 25Subsequent reviews of an environmental improvement plan must be
completed before the end of the 5 year period beginning with the day on which
the previous review was completed.

(6) If as a result of a review the Secretary of State revises the environmental
improvement plan, the Secretary of State must lay before Parliament—

(a) 30the revised environmental improvement plan, and

(b) a statement explaining the revisions and the reasons for them.

(7) If as a result of a review the Secretary of State does not revise the environmental
improvement plan, the Secretary of State must lay before Parliament a
statement explaining that and the reasons for it.

(8) 35The Secretary of State must publish the documents laid under subsection (6) or
(7).

(9) A review is completed when the Secretary of State has laid and published the
documents mentioned in subsection (6) or (7).

(10) References in this Act to an environmental improvement plan include a revised
40environmental improvement plan.

10 Reviewing and revising plans: interim targets

(1) On the first review of the first environmental improvement plan, the Secretary
of State must revise the plan so as to—

(a) set at least one interim target in respect of each relevant matter, and

(b) 5secure that there is at all times, until the end of the 5 year period
beginning with the relevant date, an interim target set by the plan in
respect of each relevant matter.

(2) On any other review of an environmental improvement plan, the Secretary of
State must make any revisions to the plan which are necessary in order to—

(a) 10set at least one interim target in respect of any matter that has become
a relevant matter since the previous review, and

(b) secure that there is at all times, until the end of the 5 year period
beginning with the relevant date, an interim target set by the plan in
respect of each relevant matter.

(3) 15A “relevant matter” means any matter in respect of which there is a target
under section 1 or 2.

(4) Subsection (2)(b) does not apply in respect of a matter if the specified date for
the target under section 1 or 2 in respect of that matter is before the end of the
5 year period beginning with the relevant date.

(5) 20On a review of an environmental improvement plan, the Secretary of State may
revise or replace any interim targets set by the plan in respect of a relevant
matter (subject to subsection (2)(b), where it applies in respect of the matter).

(6) An interim target in respect of a matter must specify—

(a) a standard to be achieved, which must be capable of being objectively
25measured, and

(b) a date by which it is to be achieved.

(7) The date must be no later than the end of the 5 year period beginning with—

(a) for the first interim target in respect of a matter, the relevant date;

(b) for subsequent interim targets in respect of a matter, the later of the
30relevant date and the date specified for the previous interim target.

(8) Before setting or revising an interim target in respect of a matter the Secretary
of State must be satisfied that meeting the target, or the revised target, would
make an appropriate contribution towards meeting the target under section 1
or 2 in respect of that matter.

(9) 35The “relevant date” is the date on which the review is completed.

11 Reviewing and revising plans: other requirements

(1) In reviewing an environmental improvement plan under section 9, the
Secretary of State must consider—

(a) what has been done to implement the plan in the period since it was
40published or (if it has been reviewed before) last reviewed,

(b) whether, having regard to data obtained under section 15 and reports
made by the OEP under section 23, the natural environment has, or
particular aspects of it have, improved during that period, and

(c) whether Her Majesty’s Government should take further or different
steps to improve the natural environment (compared to those set out in
the plan) in the remainder of the period to which the plan relates.

(2) In considering the matters in subsection (1)(b) the Secretary of State must
5consider the progress that has been made towards meeting—

(a) any targets, or any relevant targets, set under sections 1 and 2, and

(b) any interim targets, or any relevant interim targets, set under sections
10 and 13.

(3) In considering the matters in subsection (1)(c) the Secretary of State must
10consider whether Her Majesty’s Government should take further or different
steps towards meeting those targets (compared to those set out in the plan).

12 Renewing environmental improvement plans

(1) Before the end of the period to which an environmental improvement plan (the
“old plan”) relates, the Secretary of State must prepare a new environmental
15improvement plan (the “new plan”) for a new period in accordance with this
section, section 13 and section 14.

(2) The new period must begin no later than immediately after the end of the
period to which the old plan relates.

(3) At or before the end of the period to which the old plan relates the Secretary of
20State must lay before Parliament, and publish, the new plan.

(4) The new plan replaces the old plan when—

(a) it has been laid and published, and

(b) the period to which it relates has begun.

13 Renewing plans: interim targets

(1) 25A new plan prepared by the Secretary of State under section 12 must—

(a) set at least one interim target in respect of each relevant matter, and

(b) secure that there is at all times, until the end of the 5 year period
beginning with the relevant date, an interim target set by the plan in
respect of each relevant matter.

(2) 30A “relevant matter” means any matter in respect of which there is a target
under section 1 or 2.

(3) Subsection (1) does not apply in respect of a matter if the specified date for the
target under section 1 or 2 in respect of that matter is before the end of the 5
year period beginning with the relevant date.

(4) 35An interim target in respect of a matter must specify—

(a) a standard to be achieved, which must be capable of being objectively
measured, and

(b) a date by which it is to be achieved.

(5) The date must be no later than the end of the 5 year period beginning with—

(a) 40for the first interim target set by the new plan in respect of a matter, the
relevant date;

(b) for subsequent interim targets set by the new plan in respect of a
matter, the date specified for the previous interim target.