ENVIRONMENT BILL  
        EXPLANATORY NOTES 
        What these notes do   
        These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 
        January 2020 (Bill 9).   
             These Explanatory Notes have been prepared by the Department for Environment, Food and 
          •
             Rural Affairs (Defra) in order to assist the reader of the Bill and to help inform debate on it. 
             They do not form part of the Bill and have not been endorsed by Parliament. 
             These Explanatory Notes explain what each part of the Bill will mean in practice; provide 
          •
             background information on the development of policy; and provide additional information on 
             how the Bill will affect existing legislation in this area.   
             These Explanatory Notes might best be read alongside the Bill. They are not, and are not 
          •
             intended to be, a comprehensive description of the Bill. 
         Bill 9–EN                                                   58/1 
         
                         
                        Table of Contents 
                         Subject                                                                                      Page of these Notes 
                        Overview of the Bill                                                                                                       9 
                        Policy background                                                                                                        13 
                        Exiting the European Union (EU)                                                                                           13 
                        Part 1: Environmental Governance                                                                                          13 
                        Part 2: Environmental Governance: Northern Ireland                                                                        14 
                        Part 3: Waste and Resource Efficiency                                                                                     15 
                        Part 4: Air Quality and Environmental Recall                                                                              16 
                        Part 5: Water                                                                                                             17 
                        Part 6: Nature and Biodiversity                                                                                           18 
                        Part 7: Conservation Covenants                                                                                            19 
                        Part 8: Miscellaneous and General Provisions                                                                              19 
                        Legal background                                                                                                         20 
                        Territorial extent and application                                                                                       21 
                        Commentary on provisions of Bill                                                                                         22 
                        Part 1: Environmental Governance                                                                                          22 
                        Chapter 1: Improving the natural environment                                                                              22 
                                 Clause 1: Environmental targets                                                                                  22 
                                 Clause 2: Environmental targets: particulate matter                                                              23 
                                 Clause 3: Environmental targets: process                                                                         23 
                                 Clause 4: Environmental targets: effect                                                                          24 
                                 Clause 5: Environmental targets: reporting duties                                                                24 
                                 Clause 6: Environmental targets: review                                                                          25 
                                 Clause 7: Environmental improvement plans                                                                        25 
                                 Clause 8: Annual reports on environmental improvement plans                                                      26 
                                 Clause 9: Reviewing and revising environmental improvement plans                                                 27 
                                 Clause 10: Reviewing and revising plans: interim targets                                                         28 
                                 Clause 11: Reviewing and revising plans: other requirements                                                      29 
                                 Clause 12: Renewing environmental improvement plans                                                              30 
                                 Clause 13: Renewing plans: interim targets                                                                       30 
                                 Clause 14: Renewing plans: other requirements                                                                    31 
                                 Clause 15: Environmental monitoring                                                                              31 
                                 Clause 16: Policy statement on environmental principles                                                          32 
                                 Clause 17: Policy statement on environmental principles: process                                                 33 
                                 Clause 18: Policy statement on environmental principles: effect                                                  34 
                                 Clause 19: Statements about Bills containing new environmental law                                               35 
                                 Clause 20: Reports on international environmental protection legislation                                         36 
                        Chapter 2: The Office for Environmental Protection                                                                        36 
                                 Clause 21: The Office for Environmental Protection                                                               36 
                        These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 January 
                        2020 (Bill 9)                                                
                                                                                    1 
                                                                                      1 
                  
                          Clause 22: Principal objective of the OEP and exercise of its functions                                              36 
                          Clause 23: The OEP’s strategy: process                                                                               38 
                          Clause 24: Co-operation duties of public authorities and the OEP                                                     39 
                          Clause 25: Monitoring and reporting on environmental improvement plans and targets                                   40 
                          Clause 26: Monitoring and reporting on environmental law                                                             41 
                          Clause 27: Advising on changes to environmental law etc.                                                             41 
                          Clause 28: Failure of public authorities to comply with environmental law                                            42 
                          Clause 29: Complaints                                                                                                43 
                          Clause 30: Investigations                                                                                            45 
                          Clause 31: Duty to keep complainants informed                                                                        46 
                          Clause 32: Information notices                                                                                       47 
                          Clause 33: Decision notices                                                                                          48 
                          Clause 34: Linked notices                                                                                            49 
                          Clause 35: Environmental review                                                                                      50 
                          Clause 36: Judicial review: powers to apply to prevent serious damage and to intervene                               53 
                          Clause 37: Duty of the OEP to involve the relevant Minister                                                          54 
                          Clause 38: Public statements                                                                                         55 
                          Clause 39: Disclosures to the OEP                                                                                    55 
                          Clause 40: Confidentiality of proceedings                                                                            56 
                 Chapter 3: Interpretation of Part 1                                                                                          57 
                          Clause 41: Meaning of “natural environment”                                                                          57 
                          Clause 42: Meaning of “environmental protection”                                                                     57 
                          Clause 43: Meaning of “environmental law”                                                                            57 
                          Clause 44: Interpretation of Part 1: general                                                                         59 
                 Part 2: Environmental Governance: Northern Ireland                                                                           59 
                          Clause 45: Improving the natural environment: Northern Ireland                                                       59 
                          Clause 46: The Office for Environmental Protection: Northern Ireland                                                 59 
                 Part 3: Waste and Resource Efficiency                                                                                        59 
                          Clause 47: Producer responsibility obligations                                                                       59 
                          Clause 48: Producer responsibility for disposal costs                                                                60 
                          Clause 49: Resource efficiency information                                                                           60 
                          Clause 50: Resource efficiency requirements                                                                          61 
                          Clause 51: Deposit schemes                                                                                           61 
                          Clause 52: Charges for single use plastic items                                                                      62 
                          Clause 53: Charges for carrier bags                                                                                  62 
                          Clause 54: Separation of waste                                                                                       62 
                          Clause 55: Electronic waste tracking: Great Britain                                                                  69 
                          Clause 56: Electronic waste tracking: Northern Ireland                                                               71 
                          Clause 57: Hazardous waste: England and Wales                                                                        73 
                          Clause 58: Hazardous waste: Northern Ireland                                                                         75 
                          Clause 59: Transfrontier shipments of waste                                                                          76 
                          Clause 60: Regulations made under the Environmental Protection Act 1990                                              78 
                          Clause 61: Powers to make charging schemes                                                                           80 
                          Clause 62: Waste charging: Northern Ireland                                                                          80 
                          Clause 63: Enforcement powers                                                                                        82 
                          Clause 64: Enforcement powers: Northern Ireland                                                                      82 
                          Clause 65: Littering enforcement                                                                                     82 
                          Clause 66: Fixed penalty notices                                                                                     83 
                          Clause 67: Regulation of polluting activities                                                                        84 
                          Clause 68: Waste regulation: amendment of Northern Ireland Order                                                     84 
                 Part 4: Air Quality and Environmental Recall                                                                                 85 
                          Clause 69: Local air quality management framework                                                                    85 
                          Clause 70: Smoke control areas: amendments of the Clean Air Act 1993                                                 85 
                          Clause 71: Environmental recall of motor vehicles etc.                                                               86 
                 These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 January 
                 2020 (Bill 9)                                                 
                                                                                      2 
                                                                                         2 
                         
                                 Clause 72: Compulsory recall notices                                                                            86 
                                 Clause 73: Further provision about regulations under section 71                                                 86 
                                 Clause 74: Interpretation of sections 71 to 73                                                                  87 
                        Part 5: Water                                                                                                            87 
                                 Clause 75: Water resources management plans, drought plans and joint proposals                                  87 
                                 Clause 76: Drainage and sewerage management plans                                                               90 
                                 Clause 77: Authority’s power to require information                                                             92 
                                 Clause 78: Water and sewerage undertakers in England: modifying appointments                                    93 
                                 Clause 79: Electronic service of documents                                                                      96 
                                 Clause 80: Water abstraction: no compensation for certain licence modifications                                 97 
                                 Clause 81: Water quality: powers of Secretary of State                                                          99 
                                 Clause 82: Water quality: powers of Welsh Ministers                                                             99 
                                 Clause 83: Water quality: powers of Northern Ireland department                                                 99 
                                 Clause 84: Solway Tweed river basin district: power to transfer functions                                      100 
                                 Clause 85: Water quality: interpretation                                                                       100 
                                 Clause 86: Valuation of other land in drainage district: England                                               100 
                                 Clause 87: Valuation of other land in drainage district: Wales                                                 101 
                                 Clause 88: Valuation of agricultural land in drainage district: England and Wales                              101 
                                 Clause 89: Disclosure of Revenue and Customs information                                                       102 
                        Part 6: Nature and Biodiversity                                                                                        103 
                                 Clause 90: Biodiversity gain as condition of planning permission                                               103 
                                 Clause 91: Biodiversity gain site register                                                                     103 
                                 Clause 92: Biodiversity credits                                                                                104 
                                 Clause 93: General duty to conserve and enhance biodiversity                                                   104 
                                 Clause 94: Biodiversity reports                                                                                106 
                                 Clause 95: Local nature recovery strategies for England                                                        107 
                                 Clause 96: Preparation of local nature recovery strategies                                                     108 
                                 Clause 97: Content of local nature recovery strategies                                                         109 
                                 Clause 98: Information to be provided by the Secretary of State                                                110 
                                 Clause 99: Interpretation                                                                                      111 
                                 Clause 100: Controlling the felling of trees in England                                                        111 
                                 Clause 101: Local highway authorities in England to consult before felling street trees                        112 
                        Part 7: Conservation Covenants                                                                                         113 
                                 Clause 102: Conservation covenants agreements                                                                  113 
                                 Clause 103: Conservation covenants                                                                             113 
                                 Clause 104: Responsible bodies                                                                                 114 
                                 Clause 105: Local land charge                                                                                  114 
                                 Clause 106: Duration of obligation under conservation covenant                                                 115 
                                 Clause 107: Benefit and burden of obligation of landowner                                                      115 
                                 Clause 108: Benefit of obligation of responsible body                                                          116 
                                 Clause 109: Breach of obligation                                                                               117 
                                 Clause 110: Enforcement of obligation                                                                          117 
                                 Clause 111: Defences to breach of obligation                                                                   117 
                                 Clause 112: Discharge of obligation of landowner by agreement                                                  118 
                                 Clause 113: Discharge of obligation of responsible body by agreement                                           118 
                                 Clause 114: Modification of obligation by agreement                                                            118 
                                 Clause 115: Discharge or modification of obligation by Upper Tribunal                                          119 
                                 Clause 116: Power of responsible body to appoint replacement                                                   119 
                                 Clause 117: Body ceasing to be a responsible body                                                              120 
                                 Clause 118: Effect of acquisition or disposal of affected land by responsible body                             120 
                                 Clause 119: Effect of deemed surrender and re-grant of qualifying estate                                       121 
                                 Clause 120: Declarations about obligations under conservation covenants                                        121 
                                 Clause 121: Duty of responsible bodies to make annual return                                                   121 
                                 Clause 122: Crown application                                                                                  122 
                        These Explanatory Notes relate to the Environment Bill as introduced in the House of Commons on 30 January 
                        2020 (Bill 9)                                               
                                                                                   3 
                                                                                      3