Environment Bill (HC Bill 3)

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

(7) The “relevant date” is the first day of the period to which the new plan relates.

(8) 5In this section references to the “new plan” are to be read in accordance with
section 12.

14 Renewing plans: other requirements

(1) In preparing a new plan under section 12 the Secretary of State must
consider—

(a) 10what has been done to implement the old plan,

(b) whether, having regard to data obtained under section 15 and reports
made by the OEP under section 23, the natural environment has
improved since the beginning of the period to which the old plan
relates, and

(c) 15whether Her Majesty’s Government should take further or different
steps (compared to those set out in the old plan) to improve the natural
environment in the period to which the new environmental
improvement plan relates.

(2) In considering the matters in subsection (1)(b) the Secretary of State must
20consider the progress that has been made towards meeting—

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

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

(3) In considering the matters in subsection (1)(c) the Secretary of State must
consider whether Her Majesty’s Government should take further or different
25steps (compared to those set out in the old plan) towards meeting any targets
set under sections 1 and 2.

(4) In this section references to the “new plan” and the “old plan” are to be read in
accordance with section 12.

Environmental monitoring

15 30Environmental monitoring

(1) The Secretary of State must make arrangements for obtaining such data about
the natural environment as the Secretary of State considers appropriate for the
purpose of monitoring—

(a) whether the natural environment is, or particular aspects of it are,
35improving in accordance with the current environmental improvement
plan,

(b) the progress being made towards meeting any targets set under
sections 1 and 2, and

(c) the progress being made towards meeting any interim targets set under
40section 10 and 13.

(2) The Secretary of State must lay before Parliament, and publish, a statement
setting out the kinds of data to be obtained under subsection (1).

(3) The first statement must be laid before the end of the 4 month period beginning
with the day on which this section comes into force.

(4) The Secretary of State may revise the statement at any time (and subsection (2)
applies to any revised statement).

(5) 5The Secretary of State must publish any data obtained under subsection (1).

Policy statement on environmental principles

16 Policy statement on environmental principles

(1) The Secretary of State must prepare a policy statement on environmental
principles in accordance with this section and section 17.

(2) 10A “policy statement on environmental principles” is a statement explaining
how the environmental principles should be interpreted and proportionately
applied by Ministers of the Crown when making policy.

(3) It may also explain how Ministers of the Crown, when interpreting and
applying the environmental principles, should take into account other
15considerations relevant to their policy.

(4) The Secretary of State must be satisfied that the statement will, when it comes
into effect, contribute to—

(a) the improvement of environmental protection, and

(b) sustainable development.

(5) 20In this Part “environmental principles” means the following principles—

(a) the principle that environmental protection should be integrated into
the making of policies,

(b) the principle of preventative action to avert environmental damage,

(c) the precautionary principle, so far as relating to the environment,

(d) 25the principle that environmental damage should as a priority be
rectified at source, and

(e) the polluter pays principle.

17 Policy statement on environmental principles: process

(1) The Secretary of State must prepare a draft of the policy statement on
30environmental principles.

(2) The Secretary of State must consult such persons as the Secretary of State
considers appropriate in relation to the draft statement.

(3) The Secretary of State must lay the draft statement before Parliament.

(4) If before the end of the 21 day period—

(a) 35either House of Parliament passes a resolution in respect of the draft
statement, or

(b) a committee of either House of Parliament, or a joint committee of both
Houses, makes recommendations in respect of the draft statement,

the Secretary of State must produce a response and lay it before Parliament.

(5) 40The Secretary of State must prepare and lay before Parliament the final
statement, but not before—

(a) if subsection (4) applies, the day on which the Secretary of State lays the
response required by that subsection, or

(b) otherwise, the end of the 21 day period.

(6) The final statement has effect when it is laid before Parliament.

(7) 5The Secretary of State must publish the statement when it comes into effect.

(8) The “21 day period” is the period of 21 sitting days beginning with the first
sitting day after the day on which the draft statement is laid under subsection
(3).

(9) The Secretary of State may prepare a revised policy statement on
10environmental principles at any time (and this section applies in relation to any
revised statement).

(10) “Sitting day” means a day on which both Houses of Parliament sit.

18 Policy statement on environmental principles: effect

(1) A Minister of the Crown must, when making policy, have due regard to the
15policy statement on environmental principles currently in effect.

(2) Subsection (1) does not require a Minister to do (or refrain from doing)
anything that—

(a) would have no significant environmental benefit, or

(b) would be in any other way disproportionate to the environmental
20benefit.

(3) Subsection (1) does not apply to policy so far as relating to—

(a) the armed forces, defence or national security,

(b) taxation, spending or the allocation of resources within government, or

(c) Wales.

CHAPTER 2 25The Office for Environmental Protection

The Office for Environmental Protection

19 The Office for Environmental Protection

(1) A body corporate called the Office for Environmental Protection is established.

(2) In this Act that body is referred to as “the OEP”.

(3) 30Schedule 1 makes further provision about the OEP.

20 Principal objective of the OEP and exercise of its functions

(1) The principal objective of the OEP in exercising its functions under this Act is
to contribute to—

(a) the protection of the natural environment, and

(b) 35the improvement of the natural environment.

(2) The OEP must—

(a) act objectively and impartially, and

(b) have regard to the need to act proportionately and transparently.

(3) The OEP must prepare a strategy that sets out how it intends to exercise its
functions.

(4) 5In particular, the strategy must set out—

(a) how the OEP will further its principal objective,

(b) how the OEP will act objectively and impartially, and

(c) how the OEP will have regard to the need to act proportionately and
transparently.

(5) 10The strategy must also set out how the OEP intends to avoid any overlap
between the exercise of its functions and the exercise by the Committee on
Climate Change of that committee’s functions.

(6) The strategy must contain an enforcement policy that sets out—

(a) how the OEP intends to determine whether failures to comply with
15environmental law are serious for the purposes of sections 28(1)(b) and
(2)(b), 30(1)(b), 31(1)(b) and 34(1),

(b) how the OEP intends to determine whether damage to the natural
environment or to human health is serious for the purposes of section
34(2),

(c) 20how the OEP intends to exercise its enforcement functions in a way that
respects the integrity of other statutory regimes (including statutory
provision for appeals),

(d) how the OEP intends to avoid any overlap between the exercise of its
functions under sections 27 to 29 (complaints) and the exercise by each
25relevant ombudsman of their functions, and

(e) how the OEP intends to prioritise cases.

(7) In considering its enforcement policy the OEP must have regard to the
particular importance of prioritising cases that it considers have or may have
national implications, and the importance of prioritising cases—

(a) 30that relate to ongoing or recurrent conduct,

(b) that relate to conduct that the OEP considers may cause (or has caused)
serious damage to the natural environment or to human health, or

(c) that the OEP considers may raise a point of environmental law of
general public importance.

(8) 35The OEP’s “enforcement functions” are its functions under sections 27 to 36.

(9) For the purposes of this Part, each of the following is a “relevant
ombudsman”—

(a) the Commission for Local Administration in England;

(b) the Parliamentary Commissioner for Administration.

21 40The OEP’s strategy: process

(1) The OEP must—

(a) arrange for the strategy prepared under section 20 to be laid before
Parliament, and

(b) publish it.

(2) The OEP may revise the strategy at any time (and subsection (1) applies to any
revised strategy).

(3) The OEP must review the strategy at least once in every review period.

(4) “Review period” means—

(a) 5in relation to the first review, the period of 3 years beginning with the
day on which the strategy was first published, and

(b) in relation to subsequent reviews, the period of 3 years beginning with
the day on which the previous review was completed.

(5) Before preparing, revising or reviewing the strategy, the OEP must consult
10such persons as it considers appropriate.

22 Co-operation duties of public authorities and the OEP

(1) A person whose functions include functions of a public nature must co-operate
with the OEP, and give it such reasonable assistance as it requests (including
the provision of information), in connection with the exercise of its functions
15under this Act.

(2) Subsection (1) does not apply to—

(a) a court or tribunal,

(b) either House of Parliament,

(c) a devolved legislature,

(d) 20the Scottish Ministers, the Welsh Ministers, a Northern Ireland
department or a Minister within the meaning of the Northern Ireland
Act 1998,

(e) a person exercising a parliamentary function, or

(f) a person whose only public functions are devolved functions.

(3) 25A person whose public functions include devolved functions is only required
to co-operate with the OEP by virtue of subsection (1) to the extent that co-
operation is in relation to functions that are not devolved functions.

(4) If the OEP considers that a particular exercise of its functions may be relevant
to the exercise of a devolved environmental governance function by a
30devolved environmental governance body, the OEP must consult that body.

The OEP's scrutiny and advice functions

23 Monitoring and reporting on environmental improvement plans and targets

(1) The OEP must monitor progress—

(a) in improving the natural environment in accordance with the current
35environmental improvement plan,

(b) towards meeting any targets set under sections 1 and 2, and

(c) towards meeting any interim targets set under sections 10 and 13.

(2) The OEP must prepare a progress report for each annual reporting period.

(3) A progress report for an annual reporting period is a report on progress made
40in that period in or towards the matters listed in subsection (1).

(4) An annual reporting period is a period for which the Secretary of State must
prepare a report under section 8 (a “section 8 report”).

(5) In reporting on progress made in an annual reporting period, the OEP must
consider—

(a) 5the section 8 report for that period,

(b) the data published by the Secretary of State under section 15 that relates
to that period, and

(c) any other reports, documents or information it considers appropriate.

(6) A progress report for an annual reporting period may include—

(a) 10consideration of how progress could be improved, and

(b) consideration of the adequacy of the data published by the Secretary of
State under section 15.

(7) The OEP must—

(a) arrange for its reports under this section to be laid before Parliament,
15and

(b) publish them.

(8) A progress report for an annual reporting period must be laid no later than 6
months after the section 8 report for that period is laid before Parliament.

(9) The Secretary of State must—

(a) 20respond to a report under this section, and

(b) lay before Parliament, and publish, a copy of the response.

(10) Where a report under this section contains a recommendation for how
progress could be improved, the response must address that recommendation.

(11) The response—

(a) 25must be laid no later than 12 months after the report is laid, and

(b) may be included in a section 8 report.

24 Monitoring and reporting on environmental law

(1) The OEP must monitor the implementation of environmental law.

(2) The OEP may report on any matter concerned with the implementation of
30environmental law.

(3) The OEP must—

(a) arrange for its reports under this section to be laid before Parliament,
and

(b) publish them.

(4) 35The Secretary of State must—

(a) respond to a report under this section, and

(b) lay before Parliament, and publish, a copy of the response.

(5) The response to a report under this section must be laid no later than 3 months
after the report is laid.

25 40Advising on changes to environmental law etc

(1) The OEP must give advice to a Minister of the Crown about—

(a) any proposed change to environmental law, or

(b) any other matter relating to the natural environment,

on which the Minister requires it to give advice.

(2) The Minister may specify matters which the OEP is to take into account in
5giving the required advice.

(3) The OEP may give advice to a Minister of the Crown about any changes to
environmental law proposed by a Minister of the Crown.

(4) Advice under this section is to be given in writing to the Minister concerned.

(5) The OEP must publish—

(a) 10its advice, and

(b) if the advice is given under subsection (1), a statement of the matter on
which it was required to give advice and any matters specified under
subsection (2).

(6) The Minister concerned may, if the Minister thinks fit, lay before Parliament—

(a) 15the advice, and

(b) any response the Minister may make to the advice.

The OEP's enforcement functions

26 Failure of public authorities to comply with environmental law

(1) Sections 27 to 36 make provision about functions of the OEP in relation to
20failures by public authorities to comply with environmental law.

(2) For the purposes of those sections, a reference to a public authority failing to
comply with environmental law means the following conduct by that
authority—

(a) unlawfully failing to take proper account of environmental law when
25exercising its functions;

(b) unlawfully exercising, or failing to exercise, any function it has under
environmental law.

(3) In this Part “public authority” means a person carrying out any function of a
public nature that is not a devolved function, a parliamentary function or a
30function of any of the following persons—

(a) the OEP;

(b) a court or tribunal;

(c) either House of Parliament;

(d) a devolved legislature;

(e) 35the Scottish Ministers, the Welsh Ministers, a Northern Ireland
department or a Minister within the meaning of the Northern Ireland
Act 1998.

27 Complaints

(1) A person may make a complaint to the OEP under this section if the person
40believes that a public authority has failed to comply with environmental law.

(2) The OEP must prepare and publish a document which sets out the procedure
by which complaints can be made.

(3) A complaint under this section must be made in accordance with that
procedure (as most recently published).

(4) A complaint under this section may not be made by any person whose
functions include functions of a public nature.

(5) 5A complaint about a public authority may not be made under this section if—

(a) the authority operates a procedure for considering complaints (“an
internal complaints procedure”) under which the complaint could be
considered, and

(b) that procedure has not been exhausted.

(6) 10A complaint under this section may not be made after the later of—

(a) the end of the 1 year period beginning with the day on which the
alleged failure that is the subject of the complaint last occurred, and

(b) if the substance of the complaint was subject to an internal complaints
procedure, the end of the 3 month period beginning with the day on
15which that procedure was exhausted.

(7) The OEP may waive the time limit in subsection (6) if it considers that there are
exceptional reasons for doing so.

28 Investigations

(1) The OEP may carry out an investigation under this section if it receives a
20complaint made under section 27 that, in its view, indicates that—

(a) a public authority may have failed to comply with environmental law,
and

(b) if it has, the failure would be a serious failure.

(2) The OEP may carry out an investigation under this section without having
25received such a complaint if it has information that, in its view, indicates that—

(a) a public authority may have failed to comply with environmental law,
and

(b) if it has, the failure would be a serious failure.

(3) An investigation under this section is an investigation into whether the public
30authority has failed to comply with environmental law.

(4) The OEP must notify the public authority of the commencement of the
investigation.

(5) The OEP must prepare a report on the investigation and provide it to the public
authority.

(6) 35The OEP is not required to prepare a report until it has concluded that it
intends to take no further steps under this Chapter in relation to the alleged
failure to comply with environmental law that is the subject of the
investigation.

(7) The OEP is not required to prepare a report if it has applied for an
40environmental review, judicial review or statutory review (see sections 33 and
34) in relation to the alleged failure.

(8) The report must set out—

(a) whether the OEP considers that the public authority has failed to
comply with environmental law,

(b) the reasons the OEP came to that conclusion, and

(c) any recommendations the OEP may have (whether generally or for the
public authority) in light of those conclusions.

(9) The OEP may publish the report or parts of it.

(10) 5If the public authority is not a Minister of the Crown, the OEP must also—

(a) notify the relevant Minister of the commencement of the investigation,
and

(b) provide the relevant Minister with the report prepared under
subsection (5).

(11) 10In this Part “the relevant Minister”, in relation to a failure (or alleged failure) of
a public authority to comply with environmental law, means the Minister of
the Crown that the OEP considers appropriate having regard to the nature of
the public authority and the nature of the failure.

29 Duty to keep complainants informed

(1) 15Where a person makes a complaint to the OEP alleging that a public authority
has failed to comply with environmental law, the OEP must keep the
complainant informed about its handling of the complaint.

(2) In particular, the OEP must—

(a) notify the complainant if it does not intend to consider the complaint
20because the complaint was not made in accordance with section 27;

(b) notify the complainant if it has concluded that it will not be
commencing an investigation under section 28 in relation to the
complaint;

(c) notify the complainant if it commences an investigation under section
2528 in relation to the complaint;

(d) if such an investigation was commenced, notify the complainant—

(i) where it provides a report under section 28(5) to the public
authority that is the subject of the investigation, that it has
provided it;

(ii) 30where it applies for an environmental review (see section 33),
for permission to apply for judicial review or for statutory
review (see section 34), in relation to the alleged failure to
comply with environmental law that is the subject of the
investigation, that it has made such an application;

(e) 35provide the complainant with a copy of any document published under
section 28(9) in relation to any investigation in relation to the complaint.

30 Information notices

(1) The OEP may give an information notice to a public authority if—

(a) the OEP has reasonable grounds for suspecting that the authority has
40failed to comply with environmental law, and

(b) it considers that the failure, if it occurred, would be serious.

(2) An information notice is a notice which—

(a) describes an alleged failure of a public authority to comply with
environmental law, and

(b) requests that the authority provide such information relating to the
allegation as may be specified in the notice by such date as may be
specified in the notice.

(3) The recipient of an information notice must—

(a) 5respond in writing to the notice, and

(b) so far as is reasonably practicable, provide the OEP with the
information requested in the notice.

(4) The recipient of an information notice must comply with subsection (3) by—

(a) the end of the 2 month period beginning with the day on which the
10notice was given, or

(b) such later date as may be specified in the notice.

(5) The written response to an information notice must set out—

(a) the recipient’s response to the allegation described in the notice, and

(b) what steps (if any) the recipient intends to take in relation to the
15allegation.

(6) The OEP may—

(a) withdraw an information notice;

(b) give more than one information notice in respect of the same alleged
failure of a public authority to comply with environmental law.

(7) 20Where the OEP intends to give an information notice to a public authority in
respect of an alleged failure to comply with environmental law which relates
to emissions of greenhouse gases (within the meaning of the Climate Change
Act 2008), the OEP—

(a) must notify the Committee on Climate Change of its intention before it
25gives the notice to the public authority, and

(b) must provide that Committee with such information relating to the
alleged failure as the OEP considers appropriate.

31 Decision notices

(1) The OEP may give a decision notice to a public authority if—

(a) 30the OEP is satisfied, on the balance of probabilities, that the authority
has failed to comply with environmental law, and

(b) it considers that the failure is serious.

(2) A decision notice is a notice that—

(a) describes a failure of a public authority to comply with environmental
35law, and

(b) sets out the steps the OEP considers the authority should take in
relation to the failure (which may include steps designed to remedy,
mitigate or prevent reoccurrence of the failure).

(3) The recipient of a decision notice must respond in writing to that notice by—

(a) 40the end of the 2 month period beginning with the day on which the
notice was given, or

(b) such later date as may be specified in the notice.

(4) The written response to a decision notice must set out—

(a) whether the recipient agrees that the failure described in the notice
45occurred,