On Tuesday 15th October 2019 the Government introduced a groundbreaking Bill to Parliament which aims to deal with the largest environmental priorities of recent times. The Government hopes that, upon leaving the EU, the creation of a new Bill will maintain and strengthen our environmental protections; to improve air and water quality, tackle plastic pollution and restore habitats so plants and wildlife can thrive.
It is important to note that the bill has not yet been implemented and needs to be approved by parliament. Once this has happened, it will change from a ‘Bill’ to an ‘Act’.
Key changes included within the bill are as follows:
Biodiversity Net Gain
This section of the bill will affect developers, as a mandatory 10% net gain on the total biodiversity on site is required for all planning permissions. This gain is implemented through habitat creation on site. This will be achieved by amending the Town and Country Planning Act 1990. Biodiversity enhancement measures must be maintained for a minimum of 30 years post-development
In projects where suitable habitat creation is not possible, due to for example, a lack of space, other options are available. These include the use offsite ‘biodiversity gain sites’ subject to a conservation covenant or planning obligation to achieve the required net gain. These sites must also be maintained for at least 30 years. Alternatively, developers can purchase ‘biodiversity credits’ from the Secretary of State, which will go towards conserving the natural environment across England.
Local Nature Recovery Strategies
These strategies are to be produced and published by each local authority, the Mayor of London, Broads Authority and Natural England, and must contain a statement of biodiversity priorities and aim to support a ‘Nature Recovery Network’ through the identification of areas for biodiversity improvement. This will also include the production of local habitat maps to inform a National Habitat Map for England.
Other points
Producer responsibility and waste management: An ambition of the environment bill is to enhance and build upon existing producer responsibility legislation in order to invoke a resource efficient economy. In essence, this means that both physical and financial responsibility for the collection and recycling of a targeted product, once it has come to the end of its useful life, is passed from the municipal to the producer, for example, bottle deposit-schemes. The Bill will also introduce a consistent approach to recycling and a minimum charge on the use of single-use plastics.
Improved air quality: The Bill aims to fight pollution by setting legally binding targets to reduce fine particulate matter and by granting local authorities more power to address sources of air pollution. The government will also mandate manufacturers to recall vehicles that are considered harmful to the environment.
Protecting water resources: This will be implemented by increasing sustainable water management and encouraging water companies to work together to ensure we meet future demands for water.
While the Bill applies only to England, more than half of its measures are designed to apply across the UK and aim to help the nation tackle the major environmental challenges that currently exist.
