Environment and Climate Regulation Comparative Guide

• Published date: 11 November 2021
• Subject Matter: Environment, Energy and Natural Resources, Energy Law, Environmental Law, Renewables, Climate Change, Waste Management
• Law Firm: 1 Crown Office Row
• Author: Ms Edite Ligere

1 Legal framework

1.1 Which legislative and regulatory provisions govern environment and climate regulation in your jurisdiction?

The United Kingdom continues to be at the forefront of environmental protection and climate action standard setting. In November 2021, the United Kingdom will host and preside over the 2021 United Nations Climate Change Conference, also known as COP26.

There are numerous environmental laws in the UK that cover everything from fly tipping to littering, pollution, wildlife, conservation, climate change, noise and planning. They can be summarised into the following main categories:

• Pollution environmental laws
• • The Control of Pollution Act 1974 deals with environmental issues such as air, noise, water and atmospheric pollution, as well as waste on land.
  • The Environmental Protection Act 1974 deals with waste management and emissions into the environment.
• Wildlife environmental laws
• • The Wildlife and Countryside Act 1981 complies with the European Council directives on the conservation of wild birds.
  • The Weeds Act 1959 deals with the prevention of injurious weed species on private lands in the United Kingdom. It primarily targets species such as broad-leaved dock, common ragwort, creeping whistle and spear thistle.
  • The Protection of Badgers Act 1992 makes it illegal to attempt to kill, injure or interfere with badgers without a valid licence. It consolidates the Badgers Act 1973, 1991 and the Badgers (Further Protection) Act in 1991.
  • The Hunting Act 2004 makes it illegal to use dogs to hunt mammals in the United Kingdom such as foxes or hare.
• Conservation environmental laws
• • The Planning (Listed Buildings and Conservation Areas) Act 1990 deals with the protection of listed buildings and conservation areas in the United Kingdom.
  • The National Parks and Access to the Countryside Act 1949 establishes English Nature - a UK government agency to create national parks and areas of outstanding beauty - as well as addressing public rights of way.
  • The Ancient Monuments and Archaeological Areas Act 1979 protects buildings and structures classed as monuments.
  • The Countryside and Rights of Way Act 2000 provides for the freedom and right to roam uncultivated areas of the United Kingdom, such as mountains, moors and heaths.
• Climate change environmental laws:
• • The Climate Change Act 2008 deals with the reduction of carbon dioxide emissions in the United Kingdom. Binding targets have been set that will reduce these emissions from levels recorded in 1990 by at least 80% by 2050.
  • The Planning and Energy Act 2008 enables planning authorities in England and Wales to impose requirements on local planning applications regarding energy use and efficiency.
  • The Energy Act 2020 requires energy providers to meet certain energy efficiency requirements when providing energy to consumers. Obligations include carbon emissions reductions and home heating cost reductions.

At the time of writing, the Environment Bill - which aims to establish a post-Brexit UK environmental and climate action framework - is currently going through Parliament. The Environment Bill establishes a new Office for Environmental Protection and deals with matters such as:

• improving the natural environment;
• waste and resource efficiency;
• air quality and environmental recall;
• water;
• biodiversity;
• local nature recovery strategies;
• conservation; and
• tree felling and planting.

It introduces legally binding targets for air quality, nature, water, resource and waste efficiency.

The enforcement powers of the new Office for Environmental Protection will cover all climate change legislation and hold the government to account on its commitment to reach net zero emissions by 2050.

In addition to the matters set out above, the current legislative framework governing environmental and climate regulation consists of a combination of international, EU (notwithstanding the United Kingdom's exit from the European Union (Brexit) on 31 January 2020) and domestic instruments, including the following:

• The Control of Pollution Act 1974 was passed to cover a number of environmental issues, such as air, noise, water and atmospheric pollution, as well as waste on land.
• The Environmental Protection Act 1974 controls waste management and emissions into the environment.
• The Energy Act 2020 relates to UK enterprise law which requires energy providers to meet certain energy efficiency requirements when providing energy to consumers.
• The Environmental Permitting Regulations 2010 provide:
• • a system for permitting specified environmentally significant operations;
  • a system for consenting to water discharges;
  • a groundwater permitting system; and
  • a system for radioactive substances regulation.
• The Environmental Protection Act 1990 establishes legal responsibilities for pollution control for land air and water. It also covers waste disposal and statutory nuisance, such as noise or smells.
• The Environment Act 1995 provides for the establishment of a number of new agencies and sets new standards for environmental management.
• The Industrial Emissions Directive 2010 aims to achieve a high level of protection of human health and the environment taken as a whole by reducing harmful industrial emissions across the European Union, in particular through better application of best available techniques.
• The Water Resources Act 1991 aims to prevent and minimise pollution of water, under which it is an offence to cause or knowingly permit any poisonous noxious or polluting material, or any solid waste to enter any controlled water.
• The Water Industry Act 1991 sets out the main powers and duties of the water and sewerage companies, thus replacing those set out in the Water Act 1989, and defines the powers of the director general of water services.
• The Environmental Change Act 2008 is designed to reduce carbon dioxide emissions in the United Kingdom. Binding targets have been set that will reduce these emissions from levels recorded in 1990 by at least 80% by 2050.
• The REACH Enforcement Regulations 2008 govern the registration, evaluation, authorisation and restriction of chemicals. They impose duties primarily on the manufacturers and importers of chemical substances.
• The Waste Regulations 2011 and the Hazardous Waste Regulations 2005 require organisations which produce any form of hazardous waste to register with the Environment Agency and aim to protect human health and the environment by preventing or reducing the adverse impacts of waste management and generation.

1.2 Which bilateral and multilateral instruments on environment and climate regulation have effect in your jurisdiction?

• The Vienna Convention for the Protection of the Ozone Layer 1985;
• The Montreal Protocol on Substances that Deplete the Ozone Layer 1987;
• The UN Framework Convention on Climate Change (UNFCCC) 1992;
• The Convention on Biological Diversity 1993;
• The Kyoto Protocol to the UNFCCC 1998, effective 16 February 2005;
• The Paris Agreement 2015; and
• The Paris Agreement Katowice Rulebook 2018.

The United Kingdom is an active participant in international forums whose decisions and recommendations contribute to the development of global frameworks of environmental and climate regulation. These include:

• the Intergovernmental Panel on Climate Change;
• the Group of 7;
• the Group of 20;
• the Major Economies Forum on Energy and Climate;
• the Organisation for Economic Cooperation and Development; and
• the International Energy Agency.

1.3 Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have? To what extent do they cooperate? What are the mechanisms for cooperation?

The main regulatory agencies enforcing environmental and climate change rules in the United Kingdom are as follows:

• Department for Environment, Food and Rural Affairs (DEFRA): The central government department responsible for environmental protection policy in England and internationally on behalf of the United Kingdom in the European Union and elsewhere.
• Department for Business, Energy and Industrial Strategy: The central government department responsible for climate change, having taken over the functions of the former Departments for Energy and Climate Change and for Business, Industry and Skills.
• The Environment Agency in England: A non-departmental public body sponsored by DEFRA. Its overall responsibility is the protection and enhancement of the environment in England.
• Natural Resources Wales: A body with the general duty to promote the interests of forestry, the development of afforestation and the production and supply of timber and other forest products in Wales. It also has a duty to promote the establishment and maintenance of adequate reserves of growing trees.
• Scottish Environment Protection Agency: A non-departmental public body of the Scottish government whose role is to ensure that the environment and human health are protected, and that Scotland's natural resources and services are used as sustainably as possible and contribute to sustainable economic growth.
• Northern Ireland Environment Agency: An executive agency within DEFRA whose strategic purpose is to protect and enhance Northern Ireland's environment, and in doing so, deliver health and wellbeing benefits and support economic growth.
• Scottish government, Welsh government and Northern Irish Executive: Each has devolved responsibilities for environmental policy and legislation in its respective country.
• Natural England: Has responsibility for biodiversity, wildlife and habitats in England.
• Marine Management Organisation: Responsible for marine activities and the marine environment throughout the United Kingdom.
• Health and Safety Executive: A national independent regulator for work-related health safety and illness whose remit includes industrial safety, chemicals and asbestos management.

Certain environmental...