The Act, which was first read in January 2020, had an extremely drawn-out passage through Parliament because of the COVID-19 pandemic. Although people could argue that many of the new measures introduced by the Act are long overdue, the passing of the Act serves as a landmark moment with the need to take action against climate change even more pressing since the first reading.
The Act covers two broad themes. Firstly, providing a new domestic framework for environmental governance, allowing the Government to set targets, plans and policies for improving the natural environment. It will also establish the Office for Environmental Protection (OEP), an independent regulator set up to hold the Government to account on its “green agenda”. Secondly, making provision on specific environmental policy areas including waste, air quality, water, nature and biodiversity, and conservation covenants. In addition to implementing new Extended Producer Responsibility schemes, a Deposit Return Scheme, and the ability to “deliver consistent and frequent recycling collections across England”, the legislation gives the Government powers to extend the plastic bag charge and introduce new charges for single-use items as and when.
It also contains measures requiring large UK-based businesses to prove that the “forest risk” commodities sourced internationally come from illegal deforestation-free suppliers – or explain why they are unable to do so. The Department for Environment, Food and Rural Affairs (Defra) currently classes soy, palm oil, cocoa, beef, leather, rubber and forest products like wood and paper as “forest risk” commodities. Any businesses which do not comply with new due diligence requirements will be subjected to fines.
Interestingly, had the Act passed through Parliament more quickly, we might not have ended up with the same legislation we now have. For example, it allowed several amendments to be laid by the House of Lords in a bid to safeguard the environment post-Brexit and make good on the Government’s pledge to leave nature in a better state for the next generation. Amendments included greater provisions for ancient woodland protection in planning frameworks; restrictions on ministerial powers to weaken habitat-related regulations; charges for single-use plastic products and a legal duty on water companies to reduce raw sewage discharges into rivers.
Although there are still several questions outstanding particularly around how certain measures will be implemented and reported on, the Act gives hope for a greener and more sustainable future. There is also the opportunity for future secondary legislation to be passed that would strengthen and close off any loopholes.
The delays to the Act have also presented businesses with extra time to assess which areas of their operations will be impacted by the new rules and take measured actions in response. It is hoped that the Act will prove to be a catalyst for the country experiencing a greener post-pandemic recovery, and lead to even greater sustainable innovation.
At BRITA, we hope it will help move industry and consumers closer towards a circular economy and reduce the throwaway culture.
We are passionate about supporting our customers to navigate the changing political environment and promoting strong sustainability practices. We will continue to work with industry and partners to support businesses to adapt to new operations and lead the way towards a greener and healthier nation.
