Environment Act
Latest
ELMS was the flagship of Johnson, who said in parliament he wanted to 'beautify the countryside'. When Truss arrived, there was a brief period when it sounded like ELMS may be dead, after all she is a free marketer who would not believe in any subsidies. However, now under Sunak there is promise that ELMS will continue.
There is increasing discussion about environmental laws and how they will translate from EU jurisdiction. GWCT Commentary "The intention of the Brexit Freedoms Bill (and Part 5 of LURB) is to create a domestic environmental legislative framework, rather than rely on the existing EU based one, and in so doing move to a less prescriptive and more flexible approach to regulation. This move to ‘soft’ law with policy guidance and statements providing the detail to guiding framework legislation has already started e.g. the Environment Act 2021 but it causes alarm amongst those who consider that the only way is to protect our environment through designations and other legal prescriptions....But perhaps of most concern is that Ministers will be able to amend law by Secondary Legislation (rather than Primary) if they so wish. This makes it harder for Parliament to scrutinise and challenge as this method of law making can only be agreed or rejected by Parliament and cannot be amended, unlike Primary Legislation which can be amended during the passage of the Bill. "
Meanwhile EU passes Environment Restoration Law to set targets to restore land and seas
It was claimed that the Environment Bill would get some of the the things the Agriculture Bill did not - like maintaing standards
Proposal to add 'Agroforestry' to the Bill
The Lords passed an amendment to add 'soil' to the Act, alongside 'air' and 'water' so that targets can be set for improvement. The government opposed and the Minister Rebecca explained in the Commons that they could not do that as they did not have sufficient metrics - exactly what the Natural Capital Committee said they should sort. The amendment was defeated. Instead there will be Soil Health Action Plan.
Environmental Governace sets the framework for future environmental policy, with several key elements that will guide the government’s action in the future. This includes:
The introduction of long-term Environmental Improvement Plans prepared by Defra (with the current 25 Year Environment Plan the first of these);
A requirement for Defra to introduce long-term, legally-binding environmental targets in priority areas such as water, air quality, biodiversity, resource efficiency and waste reduction; (NOTE No target for soil health)
The adoption of a set of environmental principles, including the precautionary principle and the polluter pays principle, which all government departments must integrate into policy-making;
The creation of a new Officer for Environmental Protection (OEP) to monitor environmental policy and enforce environmental law.
Targets, in particular, are likely to make it more important that policy is focused on environmental outcomes.
Biodiversity Net Gain (BNG) will require future development projects to demonstrate a net gain in biodiversity. A baseline biodiversity assessment of the land will need to be carried out and the gain is calculated based on the value once the development is complete. The aim is to avoid and minimise the amount of wildlife habitat lost to development. Where this cannot be avoided, compensatory habitat must be created to offset the impact – either on or near to the development site. Alternatively, developers can purchase biodiversity credits to comply with the new law. Developers round here are preferring to buy thier own land to demonstrate BNG - rather than contribute to others land.
The introduction of Local Nature Recovery Strategies (LNRS) will be used to identify priority areas for nature in local areas. LNRS will be used to target funding from both net gain and the new ELM schemes. The landowners and land managers will be the people delivering local nature recovery on the ground.
Coupled with the Agriculture Act, which provides the foundation for public payments for public goods, and the rise of private environmental markets, "this law could at least set us down the road towards solving the climate and ecological crises that we face. The CLA will be maintaining pressure on the government to ensure the implementation of the many elements of the new act work in practice for our members and the rural economy."