Parliament has finally passed the Environment Bill, after more than three years since it was first announced by the Government.
The Bill had faced opposition from Peers over the last few weeks, who had wanted to add amendments requiring water companies to take stronger action to tackle sewage discharge into rivers. They were initially rejected by the Commons, but following an altogether familiar U-turn last month, the Lords have agreed to back a compromise that would place stronger requirements for water companies to tackle sewage, and also strengthen courts' powers to enforce green laws.
Peers had also sought to strengthen the independence of the new regulator the Office for Environmental Protection, but after some Government concessions decided they could push no further, and passed the Bill.
The Environment Act 2021 now has Royal Assent.
What the Government say
Described as "world-leading", the Government say the Act will improve air and water quality, tackle waste, increase recycling, halt the decline of species, and improve our natural environment.
It aims to halt the decline in species by 2030, require new developments to improve or create habitats for nature, and tackle deforestation overseas. It will also help us transition to a more circular economy, incentivising people to recycle more, encouraging businesses to create sustainable packaging, making household recycling easier and stopping the export of polluting plastic waste to developing countries.
The changes will be driven by new legally binding environmental targets and enforced by a new, independent Office for Environmental Protection which will hold Government and public bodies to account on their environmental obligations.
The hastily added provisions on water pollution, will see a duty enshrined in law to ensure water companies secure a progressive reduction in the adverse impacts of discharges from storm overflows. The Government will be required to publish a plan to reduce sewage discharges from storm overflows by September 2022 and report to Parliament on their progress.
Environment Secretary George Eustice said:
"The Environment Act will deliver the most ambitious environmental programme of any country on earth.
"It will halt the decline of species by 2030, clean up our air and protect the health of our rivers, reform the way in which we deal with waste and tackle deforestation overseas.
"We are setting an example for the rest of the world to follow."
What Green Groups say
The Government has repeatedly promised to deliver a "Green Brexit" amid concerns from Green Groups that our exit from the EU would lead to a watering-down of environmental laws, the majority of which were derived from the EU.
Greener UK welcomed the many improvements to the Act since it was first proposed in 2018, but also highlighted the ongoing concerns surrounding the environmental governance regime under it.
Ruth Chambers, senior parliamentary affairs associate at the coalition commented:
"We cannot view the Act as the world-leading legislation we were promised. Environmental laws are less protected than before. The Scottish system will outstrip England's for strength and independence. There are gaping holes in how key environmental principles will apply to Government decisions."
They also expressed concerns that the Government had retained the power to issue "guidance" to the Office for Environmental Protection, and as a result, risked compromising the watchdog's independence and demonstrated a "serious conflict of interest".
In addition, they said the process for setting legally-binding environmental targets still lacked transparency in how expert advice could be utilised, and that there was also no requirement for setting binding interim goals - a scenario the group said was a "far cry" from the way in which UK climate targets are set by drawing on independent expert advice from the Climate Change Committee.
However, most Green Groups have reacted positively over the renewed focus the Act could bring, particularly on reversing the decline of nature and combating pollution.
Katie White, WWF's executive director of advocacy and campaigns, said the legislation "holds great promise and we welcome its passage into law", and stressed the importance of maintaining full independence for the new watchdog tasked with overseeing and enforcing Britain's green rules.
"With nature in freefall and the climate in crisis, there isn't a moment to waste in bringing good environmental laws into force. Every promise must be kept if we're to put nature on the path to recovery, and future generations won't forgive or forget those who fail to act while there's still time."
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