On 9/11/21 the Westminster Environment Act received Royal Assent. If implemented correctly, the act will help recover nature.
Ali Plummer, Head of External Affairs and Advocacy, updates on the Environment Bill which is now an Act. Read Ali’s first blog back in September to track the journey.
On 9 November 2021 the Westminster Environment Act received Royal Assent and we now have a brand new piece of legislation to govern the natural environment – the first in 20 years.
The creation and development of the Environment Bill has been a long and sometimes frustrating process which has kept the environmental NGO sector occupied for almost 5 years. What started as a narrowly focused bill to create a watchdog and import environmental principles in the aftermath of the UK’s decision to leave the EU, has ended up as an almost unrecognisable finished product of over 260 pages, with a very broad reach including specific detailed provisions for Northern Ireland and aspects relating to Wales and Scotland.
At a glance:
- The bill is now an act of parliament, effectively becoming law
- The environment act, if implemented effectively, will help recover nature
- England is now the first country ever to have a legal target to halt nature’s decline
The good news
There are many hugely welcomed provisions. Not only does the Act set up a new governance and oversight body for England and Northern Ireland – the Office for Environmental Protection (the OEP), and attempt to embed environmental principles into government policy, it also contains numerous additional requirements addressing key aspects of our natural environment. From air to water, resources to biodiversity and chemicals to conservation covenants and making changes to improve existing environmental law. The Environment Act reaches into all areas of the natural environment across the UK and even includes some steps to begin to address our global footprint from imports of forest risk commodities.
One of the Act’s key strengths is the targets framework for England, requiring government to set and meet long term targets in 4 priority areas: air quality, biodiversity, water and waste, supported by interim milestones. Additionally, the Act includes a global first, a binding duty on the government to halt declines in species across England by 2030. Inclusion of this ‘Species Abundance Target’ simply wouldn’t have been achieved without the support of over 200,000 people as part of the ‘State of Nature’ campaign, which the RSPB helped to lead. Thank you to those who supported our call!
The not so good news
A question mark remains over the government’s claim that this Act is world leading. The OEP is not as independent as it should be, and although improved at the last minute, its enforcement powers still lack the sharp teeth a good watchdog requires. The impact of important environmental principles has been reduced, with Ministers only having to briefly consider them when making policy, and in the case of the Ministry of Defence and the Treasury, the principles simply do not have to be considered at all.
Whilst long term targets are legally binding for England, the interim milestones are not: governments are less likely to feel the pressure from a distant target far beyond their political horizon. In this respect, environmental targets lack the rigour of the Climate Change Act’s carbon budgets.
Ultimately, this is a framework Act with much of the detail to be filled in with additional legislation, policy and government guidance over the coming months and years. Currently it is not possible to give it a firm pass grade, but the RSPB will be keeping a close watch on the Act’s implementation – time will tell whether we can definitively call the Environment Act a world beater.
The thank you
However, in this moment, it’s worth acknowledging just how far we have come. Working with NGOs through the Greener UK and Wildlife and Countryside Link coalitions, parliamentarians across all political parties and our supporters and campaigners, the Act is undoubtedly better than it started. Thanks to all this hard work it has the potential to start tackling the crisis our natural world is facing and put our wildlife on a path to recovery.
Last Updated: Monday 6 December 2021