Environment Act 2021

Principal objective of the OEP and exercise of its functions

Guidance on the OEP’s Northern Ireland enforcement policy and functions

25A

• (1) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may issue guidance to the OEP on the matters listed in section 23(6) (OEP’s enforcement policy), so far as relating to the OEP’s Northern Ireland enforcement functions.

• (2) The OEP must have regard to the guidance in—

• (a) preparing its enforcement policy, so far as relating to its Northern Ireland enforcement functions, and

• (b) exercising its Northern Ireland enforcement functions.

• (3) The OEP’s “Northern Ireland enforcement functions” are its functions under paragraphs 6 to 15 of Schedule 3.

• (4) Before issuing the guidance, the Department must—

• (a) prepare a draft, and

• (b) lay the draft before the Northern Ireland Assembly.

• (5) If before the end of the 21 day period the Northern Ireland Assembly passes a resolution in respect of the draft guidance, the Department must produce a response and lay it before the Assembly.

• (6) The Department may prepare and lay before the Northern Ireland Assembly the final guidance, but not before—

• (a) if subsection (5) applies, the day on which the Department lays the response required by that subsection, or

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

• (7) The final guidance has effect when it is laid before the Northern Ireland Assembly.

• (8) The Department must publish the guidance when it comes into effect.

• (9) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft guidance is laid under subsection (4).

• (10) “Sitting day” means a day on which the Northern Ireland Assembly sits.

• (11) The Department may revise the guidance at any time (and subsections (4) to (10) apply in relation to any revised guidance).

Monitoring and reporting on environmental improvement plans and targets

Monitoring and reporting on environmental law

Advising on changes to environmental law etc

Failure of public authorities to comply with environmental law

Complaints

Investigations

Duty to keep complainants informed

Information notices

Decision notices

Linked notices

Environmental review

Judicial review: powers to apply in urgent cases and to intervene

Duty of the OEP to involve the relevant Minister

Public statements

Disclosures to the OEP

Confidentiality of proceedings

Meaning of “natural environment”

Meaning of “environmental protection”

Meaning of “environmental law”

Interpretation of Part 1: general

Improving the natural environment: Northern Ireland

The Office for Environmental Protection: Northern Ireland

Producer responsibility obligations

Producer responsibility for disposal costs

Resource efficiency information

Resource efficiency requirements

Deposit schemes

Charges for single use items

Charges for carrier bags

Separation of waste

Electronic waste tracking: Great Britain

Electronic waste tracking: Northern Ireland

Hazardous waste: England and Wales

Hazardous waste: Northern Ireland

Transfrontier shipments of waste

Regulations under the Environmental Protection Act 1990

Powers to make charging schemes

Waste charging: Northern Ireland

Enforcement powers

Enforcement powers: Northern Ireland

Littering enforcement

Fixed penalty notices

Regulation of polluting activities

Waste regulation: amendment of Northern Ireland Order

Local air quality management framework

Smoke control areas: amendments of the Clean Air Act 1993

Environmental recall of motor vehicles etc

Compulsory recall notices

Further provision about regulations under section 74

Interpretation of sections 74 to 76

Water resources management plans, drought plans and joint proposals

Drainage and sewerage management plans

Storm overflows

Reporting on discharges from storm overflows

Monitoring quality of water potentially affected by discharges

Reduction of adverse impacts of storm overflows

Report on elimination of discharges from storm overflows

Authority’s power to require information

Water and sewerage undertakers in England: modifying appointments

Electronic service of documents

Water abstraction: no compensation for certain licence modifications

Water quality: powers of Secretary of State

Water quality: powers of Welsh Ministers

Water quality: powers of Northern Ireland department

Solway Tweed river basin district: power to transfer functions

Water quality: interpretation

Valuation of other land in drainage district: England

Valuation of other land in drainage district: Wales

Valuation of agricultural land in drainage district: England and Wales

Disclosure of Revenue and Customs information

Biodiversity gain as condition of planning permission

Biodiversity gain in nationally significant infrastructure projects

Biodiversity gain site register

Biodiversity credits

General duty to conserve and enhance biodiversity

Biodiversity reports

Local nature recovery strategies for England

Preparation of local nature recovery strategies

Content of local nature recovery strategies

Information to be provided by the Secretary of State

Interpretation

Species conservation strategies

Protected site strategies

Wildlife conservation: licences

Habitats Regulations: power to amend general duties

Habitats Regulations: power to amend Part 6

Controlling the felling of trees in England

Local highway authorities in England to consult before felling street trees

Use of forest risk commodities in commercial activity

Conservation covenant agreements

Conservation covenants

Responsible bodies

Local land charge

Duration of obligation under conservation covenant

Benefit and burden of obligation of landowner

Benefit of obligation of responsible body

Breach of obligation

Enforcement of obligation

Discharge of obligation of landowner by agreement

Discharge of obligation of responsible body by agreement

Modification of obligation by agreement

Discharge or modification of obligation by Upper Tribunal

Power of responsible body to appoint replacement

Body ceasing to be a responsible body

Effect of acquisition or disposal of affected land by responsible body

Effect of deemed surrender and re-grant of qualifying estate

Declarations about obligations under conservation covenants

Duty of responsible bodies to make annual return

Crown application

Index of defined terms in Part 7

Consequential amendments relating to Part 7

Amendment of REACH legislation

Amendments of Schedule 7B to the Government of Wales Act 2006

Consequential provision

Regulations

Crown application

Financial provisions

Commencement

Environmental monitoring

Appointment of non-executive members

24

In this Schedule “the Northern Ireland Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

Environmental improvement plans

Annual reports on environmental improvement plans

Reviewing and revising environmental improvement plans

Renewing environmental improvement plans

Environmental monitoring

Policy statement on environmental principles

Policy statement on environmental principles: process

Policy statement on environmental principles: effect

Meaning of “environmental protection”

General interpretation

Monitoring and reporting on the Department’s environmental improvement plans

Monitoring and reporting on environmental law

Advising on changes to Northern Ireland environmental law etc

Failure of relevant public authorities to comply with environmental law

Meaning of relevant environmental law, relevant public authority etc

Complaints about relevant public authorities

Investigations: relevant public authorities

Duty to keep complainants informed

Information notices

Decision notices

Linked notices

Interpretation of Part 1 of this Schedule: general

Judicial review: powers to apply to prevent serious damage and to intervene

Duty of the OEP to involve the relevant department

Public statements

Disclosures to the OEP

Confidentiality of proceedings

Meaning of UK environmental law and Northern Ireland environmental law

Interpretation of Part 1 of this Schedule: general

Examples of provision that may be made

General power

“Disposal costs” and “disposal”

Calculation of sums payable

Administration

Registration

Payment of sums

Distribution of sums paid

Repayment of sums paid

Charges

Monitoring compliance

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Charges and costs

Consultation requirements

General power

Meaning of “information about resource efficiency”

Persons on whom requirements may be imposed

Examples of provision that may be made

Powers of entry etc

Sanctions

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Costs

Consultation requirement

General power

Meaning of “resource efficiency requirements”

Persons on whom requirements may be imposed

Examples of provision that may be made

Consultation etc requirements

Sanctions

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Costs

Power to establish deposit schemes

Scheme suppliers

Scheme collectors

Deposit scheme administrators

Enforcement

Interpretation

General power

Requirement to charge

Sellers of goods and services

Amount of charge

Administration

Registration

Record-keeping and publication of records

Enforcement

Civil sanctions

Powers of direction in relation to waste

Minor and consequential amendments to the Clean Air Act 1993

Minor amendments to other legislation

Introductory

Penalty for felling without licence: increase of fine

Restocking notices to be local land charges

Enforcement notices to be local land charges

Further enforcement notices for new estate or interest holders

Power of court to order restocking after conviction for failure to comply with enforcement notice

Service of notices on directors of companies that have estates or interests in land

Requiring information from the owner of land

Meaning of “forest risk commodity”

Prohibition on using illegally produced commodities

Agreements for the purposes of section 117

Annual report on due diligence system

Exemption

Guidance

Meaning of “regulated person”

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Charges

Consultation requirement

Review

Interpretation

Power to discharge on application by landowner or responsible body

Deciding whether to discharge

Supplementary powers

Power to modify on application by landowner or responsible body

Deciding whether to modify

Supplementary powers

Effect of modification

Interpretation

Application of Part 7

Interpretation

Demesne land

Land subject to escheat

Bona vacantia

Agreements for the purposes of section 117

Modification of Part 7 in relation to obligations under certain Crown conservation covenants

Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority

Agreements under section 127(1) and (3)

Agreements under section 128(1)

Agreements under section 129(1)

Acquisition of Land Act 1981 (c. 67)

Housing and Planning Act 2016 (c. 22)

Neighbourhood Planning Act 2017 (c. 20)

Amendment of the REACH Regulation

Amendment of the REACH Enforcement Regulations 2008

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation

Minor amendments to other legislation

Introductory

Penalty for felling without licence: increase of fine

Restocking notices to be local land charges

Enforcement notices to be local land charges

Further enforcement notices for new estate or interest holders

Power of court to order restocking after conviction for failure to comply with enforcement notice

Service of notices on directors of companies that have estates or interests in land

Requiring information from the owner of land

Meaning of “forest risk commodity”

Prohibition on using illegally produced commodities

Due diligence system

Annual report on due diligence system

Exemption

Guidance

Meaning of “regulated person”

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Charges

Consultation requirement

Review

Interpretation

Power to discharge on application by landowner or responsible body

Deciding whether to discharge

Supplementary powers

Power to modify on application by landowner or responsible body

Deciding whether to modify

Supplementary powers

Effect of modification

Interpretation

Application of Part 7

Interpretation

Demesne land

Land subject to escheat

Bona vacantia

Modification of Part 7 in relation to obligations under certain Crown conservation covenants

Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority

Agreements under section 127(1) and (3)

Agreements under section 128(1)

Agreements under section 129(1)

Acquisition of Land Act 1981 (c. 67)

Housing and Planning Act 2016 (c. 22)

Neighbourhood Planning Act 2017 (c. 20)

Amendment of the REACH Regulation

Amendment of the REACH Enforcement Regulations 2008

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation

Prohibition on using illegally produced commodities

Deciding whether to discharge

Interpretation

Housing and Planning Act 2016 (c. 22)

Amendment of the REACH Regulation

Amendment of the REACH Enforcement Regulations 2008

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation

Regulations

Crown application

Financial provisions

Extent

Commencement

Transitional or saving provision

Short title

Membership

Environmental improvement plans

Annual reports on environmental improvement plans

Reviewing and revising environmental improvement plans

Renewing environmental improvement plans

Policy statement on environmental principles

Policy statement on environmental principles: process

Policy statement on environmental principles: effect

Meaning of “natural environment”

Meaning of “environmental protection”

General interpretation

Monitoring and reporting on the Department’s environmental improvement plans

Monitoring and reporting on environmental law

Advising on changes to Northern Ireland environmental law etc

Failure of relevant public authorities to comply with environmental law

Meaning of relevant environmental law, relevant public authority etc

Complaints about relevant public authorities

Investigations: relevant public authorities

Duty to keep complainants informed

Information notices

Decision notices

Linked notices

Review application

Judicial review: powers to apply to prevent serious damage and to intervene

Duty of the OEP to involve the relevant department

Public statements

Disclosures to the OEP

Confidentiality of proceedings

Meaning of UK environmental law and Northern Ireland environmental law

Interpretation of Part 1 of this Schedule: general

General power

General power

“Disposal costs” and “disposal”

Calculation of sums payable

Administration

Registration

Payment of sums

Distribution of sums paid

Repayment of sums paid

Charges

Consultation requirements

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Sanctions

Consultation requirements

General power

Costs

Persons on whom requirements may be imposed

Examples of provision that may be made

Consultation etc requirements

Interpretation

General power

Powers to confer functions

Monitoring compliance

Records and information

Costs

Consultation requirement

General power

Meaning of “resource efficiency requirements”

Persons on whom requirements may be imposed

Examples of provision that may be made

Consultation etc requirements

Interpretation

General power

Scheme collectors

Monitoring compliance

Records and information

Powers of entry etc

Costs

Consultation requirement

Power to establish deposit schemes

Scheme suppliers

Scheme collectors

Deposit scheme administrators

Enforcement

Civil sanctions

General power

Sellers of goods and services

Amount of charge

Administration

Registration

Record-keeping and publication of records

Enforcement

Civil sanctions

Powers to search and seize vehicles in connection with waste offences

Minor and consequential amendments to the Clean Air Act 1993

Introductory

Penalty for felling without licence: increase of fine

Restocking notices to be local land charges

Enforcement notices to be local land charges

Further enforcement notices for new estate or interest holders

Power of court to order restocking after conviction for failure to comply with enforcement notice

Service of notices on directors of companies that have estates or interests in land

Requiring information from the owner of land

Prohibition on using illegally produced commodities

Deciding whether to discharge

Interpretation

Housing and Planning Act 2016 (c. 22)

Amendment of the REACH Regulation

Amendment of the REACH Enforcement Regulations 2008

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation

Introductory

Penalty for felling without licence: increase of fine

Restocking notices to be local land charges

Enforcement notices to be local land charges

Further enforcement notices for new estate or interest holders

Power of court to order restocking after conviction for failure to comply with enforcement notice

Service of notices on directors of companies that have estates or interests in land

Requiring information from the owner of land

Meaning of “forest risk commodity”

Power to discharge on application by landowner or responsible body

Application of Part 7

Acquisition of Land Act 1981 (c. 67)

Amendment of the REACH Regulation

Amendment of the REACH Enforcement Regulations 2008

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation

Transitional or saving provision

Short title

Membership

Environmental improvement plans

Annual reports on environmental improvement plans

Reviewing and revising environmental improvement plans

Renewing environmental improvement plans

Environmental monitoring

Policy statement on environmental principles

Policy statement on environmental principles: process

Policy statement on environmental principles: effect

Meaning of “natural environment”

Meaning of “environmental protection”

General interpretation

Monitoring and reporting on the Department’s environmental improvement plans

Monitoring and reporting on environmental law

Advising on changes to Northern Ireland environmental law etc

Failure of relevant public authorities to comply with environmental law

Meaning of relevant environmental law, relevant public authority etc

Complaints about relevant public authorities

Investigations: relevant public authorities

Duty to keep complainants informed

Information notices

Decision notices

Linked notices

Review application

Judicial review: powers to apply to prevent serious damage and to intervene

Duty of the OEP to involve the relevant department

Public statements

Disclosures to the OEP

Confidentiality of proceedings

Meaning of UK environmental law and Northern Ireland environmental law

General power

General power

“Disposal costs” and “disposal”

Calculation of sums payable

Administration

Registration

Payment of sums

Distribution of sums paid

Repayment of sums paid

Charges

Consultation requirements

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Charges and costs

Consultation requirements

General power

Meaning of “information about resource efficiency”

Persons on whom requirements may be imposed

Examples of provision that may be made

Consultation etc requirements

Interpretation

General power

Powers to confer functions

Records and information

Powers of entry etc

Consultation requirement

General power

Meaning of “resource efficiency requirements”

Persons on whom requirements may be imposed

Examples of provision that may be made

Consultation etc requirements

Interpretation

General power

Powers to confer functions

Monitoring compliance

Records and information

Powers of entry etc

Sanctions

Costs

Consultation requirement

Power to establish deposit schemes

Scheme suppliers

Deposit scheme administrators

Enforcement

Interpretation

General power

Requirement to charge

Sellers of goods and services

Amount of charge

Administration

Registration

Record-keeping and publication of records

Enforcement

Powers to search and seize vehicles in connection with waste offences

Minor and consequential amendments to the Clean Air Act 1993

Introductory

Penalty for felling without licence: increase of fine

Restocking notices to be local land charges

Enforcement notices to be local land charges

Further enforcement notices for new estate or interest holders

Power of court to order restocking after conviction for failure to comply with enforcement notice

Service of notices on directors of companies that have estates or interests in land

Requiring information from the owner of land

Meaning of “forest risk commodity”

Power to discharge on application by landowner or responsible body

Application of Part 7

Acquisition of Land Act 1981 (c. 67)

Amendment of the REACH Regulation

Amendment of the REACH Enforcement Regulations 2008

Consent of the devolved administrations

Requests by devolved administrations for exercise of powers under this Schedule

Consultation

The protected provisions

Other interpretation