Natural England: No change in environmental assessment, permitting or enforcement after Brexit

People working in the environment sector will be able to continue to do so after Brexit without disruption because green rules, regimes and protections will remain unchanged whether the UK leaves the EU with or without a deal, Natural England has said.

In a  letter sent yesterday to environmental professionals and stakeholders, interim chief executive Marian Spain stresses that after Brexit day the “whole body of existing EU environmental law continues to have effect in UK law… maintaining existing levels of environmental protection” and points out that the environment secretary has “committed to no diminution of protection for the environment”. 

Spain said the government will maintain standards, “continue to uphold international obligations” after Brexit and ensure that “all European protected sites and species will retain the same level of protection”. 

In particular, Spain singled out the environmental assessment regime, which informs planning decisions through strategic environmental assessments, environmental impact assessments and habitats regulations assessments, saying it will continue to apply as normal. 

The environmental permitting and licensing schemes will also remain unchanged, she wrote.

Similarly, the legal framework for enforcing regulations through regulatory bodies and courts will be “unaffected by leaving the EU and continues to apply”, according to Spain. 

Related ENDS Compliance Content

  • Environmental Protection Act 1990 (as amended)
    Close

    Environmental Protection Act 1990 (as amended)

    In force/
    Current
    Legislation
    England, Northern Ireland, Scotland, UK, Wales
    Published
    22 Mar 2019

    Commentary

    28/02/2013 Scottish Order (SSI 2013/74) varying Section 153 published.
    07/11/2013 Amending regulations (SSI 2013/315) published, increasing fly-tipping and littering fixed penalties for Scotland from April 2014.
    07/05/2015 Amending Order SSI 2015/188 published, substituting definition of the EU Waste Directive in relation to Scotland only., 27/05/2015 Amending Order SSI 2015/210 varying Section 153(1) (Financial assistance for environmental purposes) published.
    12/02/2016 Amending Regulations (SSI 2016/99) published, amending Section 78YB in relation to Scotland only., 14/03/2016 Amending Regulations (SI 2016/334) published., 26/10/2017 Amending Order ( WSI 2017/1024 ) published.
    12/02/2018 Amending Regulations ( SI 2018/171) published., 24/08/2018 Amending Regulations ( SI 2018/942) published.
    01/02/2019 Amending Regulations ( SSI 2019/26) published., 22/02/2019 Amending Regulations ( WSI 2019/331) published.

    Compliance Dates

    15/11/1990 Comes into force on 15/11/1990
    05/11/1990 Sections 128 to 139 come into force to the extent stated in the Environmental Act 1990 (Commencement No.1) Order 1990 (SI 1990/2226) (see Section 164) o
    05/11/1990, 13/11/1990 Sections 89(7), 89(8), 89(9), 89(11), 89(12) and 89(13) come into force (see Section 164) on 13/11/1990, 19/12/1990 Section 3 comes into force (see Section 164) on 19/12/1990
    01/01/1991 Sections 1, 2, 4 to 28, 100 to 105, and 159 come into force (see Section 164) o
    01/01/1991, Sections 79 to 85, 97, 99, 140 to 142, 145, 146, 148, 153 to 155, 157, 160, 161, 162(5) and 163 come into force (see Section 164) o
    01/01/1991, Sections 105, 162(1) and 162(2) come into force to the extent stated in Section 164(2) (see Section 164) o
    01/01/1991, Section 162(2) comes into force to the extent stated in the Environmental Protection Act (Commencement No.4) Order 1990 (SI 1990/2635) (see Section 164) o
    01/01/1991, 14/01/1991 Sections 86(2), 86(6) to (8), 86(11), 86(14), 86(15), 88(5), 88(7), 88(9)(b), 89(4), 90(1), 90(2), 90(7), 94(1), 94(2), 96(2), and 96(3) come into force (see Section 164) on 14/01/1991, 14/01/1991 Section 162(1) comes into force to the extent stated in the Environmental Protection Act (Commencement No.5) Order1991 (SI 1991/96) (see Section 164) on 14/01/1991, 13/02/1991 Sections 86(1), 86(4), 86(5), 86(9), 86(13), 87(1), 87(2), 87(3)(a) to (e), 87(4) to (6), 88(1) to (4), 88(6), 88(8), 88(9)(a), 88(9)(c) to (e) and 88(10), 98(1), 98(2), 98(5) and 98(6) come into force (see Section 164) on 13/02/1991
    01/04/1991 Sections 128, 130, 132 and 162(2) come into force to the extent stated in the Environmental Protection Act 1990 (Commencement No.6 and Appointed Day) Order 1991 (SI 1991/685) (see Section 164) o
    01/04/1991, Sections 86(3), 86(10), 87(7), 89(1)(a) to (f), 89(2), 89(3), 89(5), 89(6), 89(10), 89(14), 91(1)(a) to (f), 91(2) to (13), 92(1)(a) to (c), 92(2) to (10), 93, 94(3) to (9),

    Characteristics

    Subject

    Air General policy Hazardous substances Industrial regulation Land and development Statutory nuisance Sustainable development Transport Waste Water

    Source

    OPSI (Office of Public Sector Information)

    Affected Sectors

    Cross-sector
  • The Conservation of Habitats and Species Regulations 2017 (SI 2017/1012)
    Close

    The Conservation of Habitats and Species Regulations 2017 (SI 2017/1012)

    In force/
    Current
    Legislation
    England, Northern Ireland, Scotland, UK, Wales
    Published
    09 Jan 2018

    Commentary

    02/11/2017 An explanatory memorandum was published alongside these Regulations., 20/11/2017 A correction slip was published.
    10/12/2018 Amending Regulations (SI 2018/1307) published., 19/03/2019 Amending Regulations ( SI 2019/579) published.

    Compliance Dates

    30/11/2017 Comes into force

    Characteristics

    Subject

    Land and development Wildlife and conservation

    Source

    OPSI (Office of Public Sector Information)

    Affected Sectors

    Cross-sector Agriculture Animal Boarding and Pest Control Fishing and aquaculture Forestry Water Electricity Gas Construction Transport Road Transport Consultancy Offices Real Estate and Public Administration Public Sector Conservation Land Management and Landscaping
  • Planning Act 2008
    Close

    Planning Act 2008

    In force/
    Current
    Legislation
    England, Scotland, Wales
    Published
    06 Apr 2016

    Commentary

    27/03/2015 Amending Order (SI 2015/949) published.
    10/03/2016 Amending Order (SI 2016/306) published., 16/01/2017 Amending Regulations (SI 2017/16) published, for England and Wales only.
    02/11/2017 Amending Regulations (SI 2017/1012) published.
    10/11/2017 Commencement Order (No. 3) (
    SI 2017/1078) published, for England only., 28/11/2018 Amending Regulations (SI 2018/1232) published.

    Compliance Dates

    26/11/2008 Received Royal Assent, 26/11/2008 Provisions of Parts 1 to 9 (except Section 194(2) to (5) and paragraph 7 of Schedule 7) come into force (see Section 241), 26/11/2008 Part 11, except Sections 206, 211(7), 224 and 225 come into force (see Section 241), 26/11/2008 Part 12, except Section 238, comes into force (see Section 241), 26/01/2009 Sections 194(2) to (5), 201, 202, 203 and 225 (together with related entries in Schedule 13), and paragraph 7 of Schedule 7, come into force (see Section 241)
    01/03/2010 Certain Sections including Sections 15 to 20 and Sections 22 to 26 brought into force by The Planning Act 2008 (Commencement No.4 and Saving) Order 2010 (SI 2010/101)
    06/04/2010 Certain provisions brought into force by the Planning Act 2008 (Commencement No. 5 and Saving) Order 2010 (SI 2010/566)
    06/04/2011 Sections 14(1)(o) and 29 brought into force by the Planning Act 2008 (Commencement No. 6) Order 2011 (SI 2011/705)
    01/10/2011 Sections 14(1)(p), 30 and 153 and Schedule 6 brought into force by the Planning Act 2008 (Commencement No. 7) Order 2011 (SI 2011/2054)
    06/04/2012 Sections 192 and Schedule 8 (tree preservation orders), Section 193 (existing tree preservation orders: transitional provisions), and Section 238 and Schedule 13 (repeals relating to trees specified in the Schedule to SI 2012/601) come into force for, 28/11/2014 Section 198 (appeals relating to old mining permissions) comes into force, in relation to Wales, insofar as it is not already in force (see the Planning Act 2008 (Commencement No. 3) (Wales) Order (
    01/01/2018 Sections 14(1)(m), 14(1)(n), 27 and 28 in relation to dams, reservoirs and the transfer of water resources, enter into force for England only (see SI 2017/1078)

    Characteristics

    Subject

    Energy/climate change General policy Land and development Sustainable development Transport Waste

    Source

    OPSI (Office of Public Sector Information)

    Affected Sectors

    Cross-sector Oil Water Electricity Gas Waste and Cleaning Construction Transport Rail Transport

Compliance Search

Discover all ENDS content in one place, including legislation summaries to keep up to date with compliance deadlines

Compliance Deadlines

Plan ahead with our Calendar feature highlighting upcoming compliance deadlines

News from ENDS Europe

News from ENDS Waste & Bioenergy