Key Facts

• Amendment 231 proposes extending NC31 and NS1 to England, Wales, Scotland, and Northern Ireland.
• Businesses will be prohibited from using forest risk commodities produced on illegally occupied or used land.
• Businesses must establish a due diligence system for regulated commodities and report annually.
• Fines will apply if businesses do not comply with the regulations.
• Amendments aim to ensure timely implementation of environmental governance, nature and biodiversity provisions, and conservation covenants.
• The proposed changes apply to the UK Government, Welsh Ministers, Scottish Ministers, and Northern Ireland's Department of Agriculture Environment and Rural Affairs.
• The speaker recommends reviewing the back of Bills for actual implementation clauses.
• Part 5 of the Energy Act 2013, concerning Ofgem’s mandate on environment and climate change, has not been enacted due to ministerial inaction.
• Amendments would ensure certain sections of the Environment Bill come into force within six months after it becomes an Act.
• The Environment Bill includes legally binding targets under part 1.
• Work is ongoing with organizations to devise these targets, including consultations and further detailed guidance.
• Targets for four priority areas and fine particulate matter PM2.5 are due by October 31, 2022.
• A recruitment campaign for the chair of the Office for Environmental Protection has already been launched.
• New Clause 4 requires the OEP and Committee on Climate Change to prepare a memorandum of understanding.
• New Clause 24 allows the Secretary of State to issue guidance on the OEP’s enforcement policy and functions, which must be laid before Parliament.
• New Clause 25 gives Natural England the power to prepare species conservation strategies in specified areas across England.
• The new clause gives Natural England the function of producing protected site strategies.
• A 'protected site strategy' includes an assessment of impacts on conservation or management, measures to mitigate adverse effects, identification of necessary activities, and other relevant matters.
• Consultation is required with local planning authorities, public authorities, IFC authorities, Marine Management Organisation, Environment Agency, the Secretary of State, and any other person considered relevant.
• New Clause 31 relates to the use of forest risk commodities in commercial activity.
• New Clause 1 sets an environmental objective to achieve and maintain a healthy natural environment.
• New Clause 2 imposes a duty on the Secretary of State to ensure no diminution in environmental standards effective as of IP completion day.
• Environmental lawyers argue that non-regression is an emerging norm in environmental law.
• France has recently incorporated non-regression into its environmental code allowing courts to make judgments based on this principle.
• Professor Andrew Jordan and Dr Brendan Moore found that many EU laws had review clauses which were removed when brought into UK law.
• The new clause seeks to prevent regression in environmental standards five weeks before the end of the Brexit transition period.
• Rebecca Pow asserts that the UK does not need EU regulations to improve its environment, citing examples such as net-zero emissions legislation, landfill tax, ivory ban, and microbeads ban.
• The Environment Bill includes a framework for targets, monitoring, reporting, and accountability every two years.
• The debate includes discussion on the impact of statutory instruments.
• There is tension between economic imperatives and environmental protection.
• A worldwide set of negotiations will continue, including discussions on non-regression.
• The clause aims to stop the issuance of well consents for hydraulic fracturing.
• Existing well consents permitting hydraulic fracturing will cease to be valid three months after the Act receives Royal Assent.
• Fracking has caused earthquakes in Preston, leading to a pause and subsequent easing of standards by the then BEIS Secretary.
• The United States has extensive fracking operations resulting in hazardous waste disposal issues.
• Fracking infrastructure requirements and legislation are still in place despite the current pause.
• Environmental despoliation from fracking includes multiple wells, heavy traffic, land leveling, and potential future re-fracking or abandonment issues.
• The new clause would prevent the Oil and Gas Authority from issuing well consents for fracking.
• Natural gas makes up around a third of current UK energy usage.
• Well consents issued by the OGA require operators to obtain hydraulic fracturing consent from the Secretary of State for Business, Energy and Industrial Strategy before carrying out any associated hydraulic fracturing since April 6, 2016.
• The Environment Agency assesses proposals involving acid use on a site-specific basis to protect groundwater.
• There is currently a moratorium on issuing consents for hydraulic fracturing unless compelling new evidence addresses concerns about induced seismicity.
• The Minister confirmed that fracking could return if circumstances permit.
• There are differences between US and UK regulatory environments for fracking.
• In the UK, the Infrastructure Act 2015 introduced constraints on fracking activities.
• New Clause 5 requires the Secretary of State to publish a draft Bill on mandatory environmental and human rights due diligence within six months of the Act passing.
• About 28% of the UK’s overseas land footprint is in countries at high or very high risk of deforestation.
• The consultation on preventing illegal conversion of forests and natural areas has strong support with 99% agreement for legislation.
• Greener UK believes that the current Bill approach falls short compared to the EU timber regulation due diligence system.
• Amendments will help protect precious forests by setting mandatory requirements on businesses using agricultural commodities associated with deforestation.
• Secondary legislation under the Environment Bill will be laid shortly after COP26.
• New regulations apply to public authorities and private businesses for maintaining an end use register of recycled waste within 12 months of the Act coming into force.
• No specific policy changes, funding commitments or legislative proposals are requested.
• The discussion revolves around the potential inclusion of a new clause in the Environment Bill related to waste recycling.
• There is no indication of further action being proposed by James Gray.
• New clause 8 relates to weeds.
• Tracey Crouch tabled the clause.
• James Gray acknowledges and supports Tracey Crouch's work on pollinators.