Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 02 DECEMBER 2021

The Environment Act 2021: A Practical Look At The New Biodiversity Requirement

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
Contributor
Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner

UK 2026 Chambers Firm Profile Bryan Cave Leighton Paisner (BCLP) is an international, fully...

View firm profile
Explore more from Bryan Cave Leighton Paisner

One of the more ambitious provisions of the new Environment Act 2021 is the mandatory requirement for new developments to provide a 10% biodiversity net gain.

United KingdomEnvironment
Aidan Thomson
Aidan Thomson
Clare Eccles
Clare Eccles

Summary

One of the more ambitious provisions of the new Environment Act 2021 is the mandatory requirement for new developments to provide a 10% biodiversity net gain. Whilst this requirement has no legal effect yet (and will be brought into force through secondary legislation at a date not yet known), the provisions are complex and warrant close examination.

The Environment Act 2021 (the Act), first introduced to Parliament in 2019 finally received royal assent and became law on 9 November 2021.  This is an important and wide reaching Act that has been closely scrutinised, debated and amended during its lengthy passage through Parliament (please see our previous blog on the Bill here) and introduces a new post-Brexit environmental protection regime.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

EU Sustainability Omnibus Package: Key Changes And Implications For Businesses

The European Union has introduced a comprehensive Sustainability Omnibus Package that will significantly impact how businesses across member states approach environmental, social, and governance reporting. Understanding these regulatory changes is crucial for companies operating in or with the EU to ensure compliance and adapt their sustainability strategies accordingly.
European UnionEnvironment
Eversheds Sutherland
Eversheds Sutherland
Article

ESOS Phase 4 Guidance Published: What Businesses Need To Know

The Environment Agency has released updated guidance for Phase 4 of the Energy Savings Opportunity Scheme (ESOS), introducing new reporting requirements and compliance changes. Organizations must now provide detailed information about implemented energy efficiency measures, including energy savings achieved and relevant categories, while Display Energy Certificates and Green Deal Assessments are no longer accepted as alternative compliance routes.
United KingdomEnvironment
Burges Salmon LLP
Burges Salmon LLP
Article

Rewilding And Carbon Credits: A New Income Stream For Landowners

As sustainability pressures mount and net-zero targets drive demand for carbon offsetting, UK landowners face a significant opportunity to generate income through carbon credit schemes. With the market contributing £1.2 billion to the UK economy in 2025 and carbon credits trading at £25-£35 per tonne, peatland restoration and woodland creation projects offer substantial returns while enhancing biodiversity and environmental protection.
United KingdomEnvironment
Withers LLP
Withers LLP
Article

Environment Agency Consults On Updates To Its Enforcement And Sanctions Policy

The Environment Agency has launched a consultation on significant reforms to its Enforcement and Sanctions Policy, introducing new civil penalty frameworks and automatic financial penalties for water companies under the Water (Special Measures) Act 2025. The proposed changes expand enforcement mechanisms across multiple sectors including waste management, packaging regimes, and mercury controls, while establishing a fundamentally different regulatory approach for water sector operators that allows penalties
United KingdomEnvironment
Burges Salmon LLP
Burges Salmon LLP
Article

Timeline Of ESG Developments In 2026

The ESG regulatory landscape continues to evolve rapidly in 2026, with significant developments including the EU Omnibus simplification amendments and ongoing UK Sustainability Reporting Standards efforts. This comprehensive timeline tracks key ESG developments across the UK and EU throughout 2026, providing essential horizon scanning support for sustainability practitioners navigating the complex regulatory environment.
United KingdomEnvironment
Slaughter and May
Slaughter and May
Article

We’re Going Wild: Nature Restoration Levy And The First Draft Environmental Delivery Plan

The UK government has introduced a radical new National Planning Policy Framework alongside groundbreaking Nature Restoration Levy Regulations, fundamentally reshaping how development impacts on protected habitats are managed. This policy shift moves away from project-by-project environmental assessments toward strategic-scale nature restoration funded through a developer levy system. Will this new approach successfully balance the urgent need for housing and infrastructure with legal obligations to restore
United KingdomEnvironment
Lester Aldridge LLP
Lester Aldridge LLP