The Environment Act 2021 (Commencement No. 2 and Saving Provision) Regulations 2022

• Citation: S.I. 2022/48
• Sections: 6

Section 1 Citation and interpretation

(1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 2 and Saving Provision) Regulations 2022.

(2) In these Regulations “ the Act ” means the Environment Act 2021.

Section 2 Provisions coming into force on 24th January 2022

The following provisions of the Act come into force on 24th January 2022—

(a) sections 1 to 7 (environmental targets);

(b) sections 8 to 15 (environmental improvement plans);

(c) section 16 (environmental monitoring);

(d) section 25 (guidance on the OEP’s enforcement policy and functions);

(e) section 27 (co-operation duties of public authorities and the OEP);

(f) sections 28 to 30 (the OEP’s scrutiny and advice functions);

(g) sections 31 to 41 (the OEP’s enforcement functions);

(h) sections 42 and 43 (information);

(i) section 50 (producer responsibility obligations), so far as relating to England;

(j) section 60 (hazardous waste: England and Wales), so far as relating to England;

(k) section 62 (transfrontier shipments of waste);

(l) section 64 (powers to make charging schemes), so far as relating to the Environment Agency;

(m) section 86 (water and sewerage undertakers in England: modifying appointments);

(n) sections 104 to 108 (local nature recovery strategies);

(o) section 110 (protected site strategies);

(p) sections 112 and 113 (Habitats Regulations);

(q) Schedule 4 (producer responsibility obligations), so far as relating to England;

(r) Schedule 13 (modifying water and sewerage undertakers’ appointments: procedure for appeals).

Section 3 Provisions coming into force on 1st April 2022

Section 21 of the Act (reports on international environmental protection legislation) comes into force on 1st April 2022.

Section 4 Provisions coming into force on 1st May 2022

The following provisions of the Act come into force on 1st May 2022—

(a) section 72 (local air quality management framework);

(b) section 73 (smoke control areas: amendments of the Clean Air Act 1993), so far as it relates to Parts 1 and 3 of Schedule 12;

(c) Schedule 11 (local air quality management framework);

(d) Parts 1 and 3 of Schedule 12 (smoke control in England and Wales) .

Section 5 Provisions coming into force on 30th September 2022

The following provisions of the Act come into force on 30th September 2022—

(a) Part 7 (conservation covenants);

(b) Schedule 18 (discharge or modification of obligations under conservation covenants);

(c) Schedule 19 (application of Part 7 to Crown land);

(d) Schedule 20 (consequential amendments relating to Part 7).

Section 6 Saving provision

Notwithstanding the coming into force of section 50(6) of the Act by virtue of regulation 2(i), which repeals sections 93 to 95 of the Environment Act 1995 as regards England, the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 remain in force and have effect as if made under Schedules 4 and 6 to the Environment Act 2021 in so far as they apply to England.