The Environment Act 2021 (Commencement No. 7) Regulations 2023

Made: 2nd November 2023

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 147(3) of the Environment Act 2021[^f00001].

Citation and interpretation

1

• (1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 7) Regulations 2023.

• (2) In these Regulations—

• “the Act” means the Environment Act 2021;

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00002];

• “the 1991 Act” means the Water Industry Act 1991[^f00003].

Provisions coming into force on 3rd November 2023

2

The following provisions of the Act come into force on 3rd November 2023—

• (a) in section 82 (monitoring quality of water potentially affected by discharges)—

• (i) subsection (1), for the purposes of making regulations under section 141DB of the 1991 Act[^f00004]; and

• (ii) subsection (2), except in respect of section 141DA of the 1991 Act;

• (b) section 98 (biodiversity gain as condition of planning permission) in so far as it introduces the provisions commenced by sub-paragraph (d);

• (c) section 100 (biodiversity gain site register), for the purposes of making regulations;

• (d) paragraphs 1 and 2 of Schedule 14 (biodiversity gain as condition of planning permission)—

• (i) for the purposes of making regulations under Schedule 7A to the 1990 Act[^f00005];

• (ii) in so far as they insert paragraphs 3, 4 and 12(2) of Schedule 7A into the 1990 Act.

Provision coming into force on 30th November 2023

3

Section 115 of the Act (local highway authorities in England to consult before felling street trees) comes into force on 30th November 2023.

Signed

Rebecca Pow — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2nd November 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the seventh commencement regulations made by the Secretary of State under the Act.

Regulation 2 brings into force on 3rd November 2023 specified sections of the Act.

Section 82 is commenced for the limited purpose of enabling regulations to be made under section 141DB of the Water Industry Act 1991 (c. 56).

Section 98 and Part 1 of Schedule 14 of the Act are commenced for the limited purposes of enabling regulations to be made under Schedule 7A of the Town and Country Planning Act 1990 (c. 8) and to enable the biodiversity metric (defined in paragraph 4(1) of that Schedule) to be laid before Parliament.

Section 100 of the Act is commenced for the limited purpose of making regulations which would make provision for and in relation to a biodiversity gain site register.

Regulation 3 brings into force on 30th November 2023 section 115 of the Act. Section 115 inserts new section 96A into the Highways Act 1980 (c. 66) which places a duty on local highway authorities in England to consult before felling street trees.

An impact assessment has not been published for these Regulations as they have no impact on cost to business, the public or voluntary sectors independent of the provisions these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Steet, London, SW1P 4DF, United Kingdom.

Footnotes

[^f00001]: 2021 c. 30.

[^f00002]: 1990 c. 8.

[^f00003]: 1991 c. 56.

[^f00004]: Section 141DB was inserted by section 82 of the Environment Act 2021.

[^f00005]: Schedule 7A was inserted by paragraph 2 of Schedule 14 to the Environment Act 2021.