Legislation – Levelling-up and Regeneration Act 2023

protection of the natural environment, cultural heritage and the landscape from the effects of human activity (including, amongst other things, the protection of chalk streams from abstraction and pollution);

protection of people from the effects of human activity on the natural environment, cultural heritage and the landscape;

maintenance, restoration or enhancement of the natural environment, cultural heritage or the landscape;

monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).

plants, wild animals and other living organisms,

their habitats (including, amongst other things, chalk streams),

land (except buildings or other structures), air and water,

in the case of regulations made by the Secretary of State acting alone or jointly with a devolved authority, the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021),

in the case of regulations made by the Scottish Ministers acting alone, the current environmental policy strategy (within the meaning of section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4)),

in the case of regulations made by the Welsh Ministers acting alone, the current national natural resources policy (within the meaning of section 9 of the Environment (Wales) Act 2016), or

in the case of regulations made by a Northern Ireland department acting alone, the current environmental improvement plan (within the meaning of Schedule 2 to the Environment Act 2021).

the proposed relevant consent may not be given, unless an environmental outcomes report has been prepared in relation to it, and

that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed consent is to be given.

no step may be taken which would have the effect of bringing the proposed relevant plan into effect, unless an environmental outcomes report has been prepared in relation to it, and

that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed relevant plan is to have effect.

the extent to which the proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of specified environmental outcomes,

any proposals for increasing the extent to which a specified environmental outcome is delivered,

reasonable alternatives to the relevant consent, to the project to which the relevant consent relates or to any element of either, or (as the case may be)

reasonable alternatives to the relevant plan or any element of it.

the requirement for the consent is imposed under subsection (4) of section 154, and

the consent is to be given or refused in an environmental outcomes report in accordance with provision under subsection (5) of that section.

what is to be taken to constitute the giving of a relevant consent for the purposes of subsection (2);

the proposed relevant consents and proposed relevant plans for which an environmental outcomes report is, or may be, required;

in relation to proposed relevant consents and proposed relevant plans for which an environmental outcomes report may be required, the circumstances in which a report is required;

an environmental outcomes report not needing to assess the extent to which a proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of a specified environmental outcome, where an adequate assessment of the impact on delivery of the outcome has in effect already been, or is to be, carried out in a different environmental outcomes report;

what proposals an environmental outcomes report may or must deal with under subsection (4)(b), (c) and (d);

how any of the assessments mentioned in subsection (4) are to be carried out;

the information to be included in, and the content and form of, an environmental outcomes report, including provision requiring, or permitting a public authority to require, a report to deal with matters in addition to those provided for in subsection (4);

how, and to what extent, environmental outcomes reports are to be taken into account or given effect by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;

the carrying out of any proposals assessed in an environmental outcomes report under subsection (4)(b), (c) and (d).

relates, or may relate, to a project or to environmental protection in the United Kingdom or a relevant offshore area, and

is specified or described in EOR regulations for the purposes of this subsection.

construction, engineering, demolition, dismantling or decommissioning,

the installation, depositing or removal of any thing,

the exploitation of natural resources by any means,

a change in the use of land, a building or other structure, or

any other activity capable of affecting the natural environment, cultural heritage or landscape.

increasing the extent to which a specified environmental outcome is delivered,

mitigating or remedying the effects of a specified environmental outcome not being delivered to any extent, or

compensating for a specified environmental outcome not being delivered to any extent.

within Scottish devolved legislative competence, or

which could be made by the Scottish Ministers,

that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or

that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence.

that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or

that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.

that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or

that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.

would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and

would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.

creating a criminal offence (but may not create a criminal offence punishable with imprisonment);

conferring a power on any court or tribunal;

for the imposition of civil sanctions and appeals against such sanctions;

conferring a power of entry (whether or not on the authority of a warrant);

conferring a power of inspection, search, seizure or detention (whether or not on the authority of a warrant);

authorising, or making provision for the authorisation of, the use of reasonable force in connection with a power mentioned in paragraph (d) or (e);

applying, or corresponding to, any provision, made by or under any enactment, relating to enforcement in connection with a category 1 consent or a category 2 consent (with or without modifications).

the information to be included in, and the content and form of, a report required under subsection (1);

the content and form of information required to be provided under subsection (1);

when, or the circumstances in which, the information or report must be provided;

the publication of the information or report;

who the information or report is to be provided to;

a report being combined with another document which is to be prepared under any enactment.

under section 152(1) (specified environmental outcomes);

amending, repealing or revoking relevant existing environmental assessment legislation.

the Scottish Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would not be within Scottish devolved legislative competence by virtue of section 157(3) or which could not be made by the Scottish Ministers;

the Welsh Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Welsh devolved legislative competence (see section 157(7));

a Northern Ireland department must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Northern Ireland devolved legislative competence (see section 157(11)).

treating anything done, or omitted to be done, in relation to an environmental outcomes report as satisfying or failing to satisfy a requirement under relevant existing environmental assessment legislation or the relevant Habitats Regulations;

treating anything done, or omitted to be done, under existing environmental assessment legislation or the Habitats Regulations as satisfying or failing to satisfy a requirement imposed by or under this Part;

about the co-ordination of things done under this Part and things done under existing environmental assessment legislation or the Habitats Regulations;

disapplying or otherwise modifying any provision of relevant existing environmental assessment legislation or the relevant Habitats Regulations where preparation of an environmental outcomes report is required under this Part;

disapplying or otherwise modifying any provision of this Part or EOR regulations where something is done, or required to be done, under existing environmental assessment legislation or the Habitats Regulations.

the procedure to be followed in relation to anything done under this Part, including the time by which anything must be done;

who is to prepare an environmental outcomes report, including provision permitting a public authority to determine who is to do so or the qualifications or experience a person must have to do so;

requiring a public authority to assist with any assessment or monitoring under this Part;

the publication of, and consultation and public engagement in connection with, environmental outcomes reports and other relevant documents;

the information to be included in, and the content and form of, any relevant document;

the persons to whom an environmental outcomes report or other relevant document is to be given, and how it is to be given;

the collection or provision of information in connection with this Part;

the rejection of a relevant document, or information provided in connection with this Part, if it is not provided in accordance with Chapter 1 of Part 3 (planning data), including provision requiring a document or information to be rejected;

how, and to what extent, any failure to comply with a requirement imposed by or under this Part is to be taken into account by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;

appeals against, or reviews of, decisions of a public authority about matters for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation.

provide for the charging of fees or other charges;

confer a function, including a function involving the exercise of a discretion, on any person;

make consequential, supplementary or incidental provision under section 252(1)(c) which amends, repeals or revokes any legislation (whenever passed or made).

an Act,

an Act or Measure of Senedd Cymru,

an Act of the Scottish Parliament,

Northern Ireland legislation, or

retained direct EU legislation.

in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in Schedule 14;

in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in Part 2 of that Schedule;

in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in Part 3 of that Schedule;

in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in Part 4 of that Schedule.