Statutory Instruments
2023 No. 1170 (C. 77)
Environmental Protection
The Environment Act 2021 (Commencement No. 7) Regulations 2023
Made
2nd November 2023
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 147(3) of the Environment Act 2021( 1 ).
Citation and interpretation
1. β(1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 7) Regulations 2023.
(2) In these Regulationsβ
β the Act β means the Environment Act 2021;
β the 1990 Act β means the Town and Country Planning Act 1990( 2 );
β the 1991 Act β means the Water Industry Act 1991( 3 ).
Provisions coming into force on 3rd November 2023
2. The following provisions of the Act come into force on 3rd November 2023β
(a) in section 82 (monitoring quality of water potentially affected by discharges)β
(i) subsection (1), for the purposes of making regulations under section 141DB of the 1991 Act( 4 ); and
(ii) subsection (2), except in respect of section 141DA of the 1991 Act;
(b) section 98 (biodiversity gain as condition of planning permission) in so far as it introduces the provisions commenced by sub-paragraph (d);
(c) section 100 (biodiversity gain site register), for the purposes of making regulations;
(d) paragraphs 1 and 2 of Schedule 14 (biodiversity gain as condition of planning permission)β
(i) for the purposes of making regulations under Schedule 7A to the 1990 Act( 5 );
(ii) in so far as they insert paragraphs 3, 4 and 12(2) of Schedule 7A into the 1990 Act.
Provision coming into force on 30th November 2023
3. Section 115 of the Act (local highway authorities in England to consult before felling street trees) comes into force on 30th November 2023.
Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd November 2023
Section 141DB was inserted by section 82 of the Environment Act 2021.
Schedule 7A was inserted by paragraph 2 of Schedule 14 to the Environment Act 2021.