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STATUTORY INSTRUMENTS
2026 No. 492 (C. 40)
ENVIRONMENTAL PROTECTION
The Environment Act 2021
(Commencement No. 11) Regulations 2026
Made - - - - 5th May 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 147(3)
of the Environment Act 2021(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 11)
Regulations 2026.
(2) In these Regulations, “the Act” means the Environment Act 2021.
Provisions coming into force on 7th May 2026
2. The following provisions of the Act come into force on 7th May 2026—
(a) section 99 (biodiversity gain in nationally significant infrastructure projects);
(b) Schedule 15 (biodiversity gain in nationally significant infrastructure projects).
Mary Creagh
Parliamentary Under Secretary of State
Department for Environment, Food and Rural
5th May 2026 Affairs
(1) 2021 c. 30.Document Generated: 2026-05-05
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”).
These are the eleventh commencement regulations made by the Secretary of State under the Act.
Regulation 2 brings into force on 7th May 2026 specified provisions of the Act concerning
biodiversity gain statements in respect of nationally significant infrastructure projects.
Section 99 of, and Schedule 15 to, the Act amend the Planning Act 2008 (c. 29) (“the 2008 Act”),
in particular by inserting new Schedule 2A. This Schedule requires the Secretary of State to include
a biodiversity gain statement upon the next review of any relevant National Policy Statement
(“NPS”) concerning development in England and otherwise allows for the Secretary of State to
issue a biodiversity gain statement where no NPS is in place. Paragraph 1 of the Schedule confers
a regulation-making power on the Secretary of State to exclude descriptions of development from
its scope. Sections 104 and 105 of the 2008 Act are amended so as to prevent the Secretary of State
from granting an application for development consent to which a biodiversity gain statement applies
unless satisfied that the biodiversity gain objective set out in that statement is met.
An impact assessment has not been published for these Regulations as they have no impact on cost to
business, the public or voluntary sectors independent of the provisions these Regulations bring into
force. A full impact assessment has been published in relation to the Act and copies can be obtained
from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or
from the Department for Environment, Food and Rural Affairs at 2 Marsham Steet, London, SW1P
4DF, United Kingdom.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Environment Act 2021 (c. 30) have been brought into force by
commencement Regulations made before the date of these Regulations.
Provision Date of Commencement S.I. No.
Sections 1 to 7 24th January 2022 S.I. 2022/48
Sections 8 to 15 24th January 2022 S.I. 2022/48
Section 16 24th January 2022 S.I. 2022/48
Sections 17 and 18 10th May 2022 S.I. 2022/518
Section 19 10th May 2022 (partially) S.I. 2022/518
1st November 2023 (for all S.I. 2023/381
remaining purposes)
Section 20 10th May 2022 S.I. 2022/518
Section 21 1st April 2022 S.I. 2022/48
Sections 22 to 24 17th November 2021 S.I. 2021/1274
2Document Generated: 2026-05-05
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Provision Date of Commencement S.I. No.
Section 25 24th January 2022 S.I. 2022/48
Section 26 17th November 2021 S.I. 2021/1274
Section 27 24th January 2022 S.I. 2022/48
Sections 28 to 30 24th January 2022 S.I. 2022/48
Sections 31 to 41 24th January 2022 S.I. 2022/48
Sections 42 and 43 24th January 2022 S.I. 2022/48
Sections 44 to 47 17th November 2021 S.I. 2021/1274
Section 48 25th July 2022 S.R. 2022 No.54
Section 49 28th February 2022 S.R. 2022 No.54
Section 50 24th January 2022 (partially) S.I. 2022/48
28th February 2022 (partially) S.I. 2022 No. 223 (W. 71)
9th November 2022 (for all S.S.I. 2022/305
remaining purposes)
Section 51 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Section 52 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Section 53 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Section 54 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Section 55 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Section 56 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Section 57 17th May 2024 S.I. 2024/639
Section 59 28th February 2022 S.R. 2022 No.54
Section 60 24th January 2022 (partially) S.I. 2022/48
7th March 2022 (for all S.I. 2022 No. 223 (W. 71)
remaining purposes)
Section 61 28th February 2022 S.R. 2022 No.54
Section 62 24th January 2022 S.I. 2022/48
Section 64 24th January 2022 (partially) S.I. 2022/48
7th March 2022 (partially) S.I. 2022 No. 223 (W. 71)
9th November 2022 (partially) S.S.I. 2022/305
Section 65 28th February 2022 S.R. 2022 No.54
3Document Generated: 2026-05-05
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Provision Date of Commencement S.I. No.
Section 67 28th February 2022 S.R. 2022 No.54
Section 68 1st April 2023 (partially) S.I. 2023/381
Section 69 1st April 2023 (partially) S.I. 2023/381
Section 71 28th February 2022 S.R. 2022 No.54
Section 72 1st May 2022 S.I. 2022/48
Section 73 1st May 2022 (partially) S.I. 2022/48
Sections 74 to 77 17th May 2024 S.I. 2024/639
Section 79 1st September 2024 (partially) S.I. 2024/639
Section 81 17th May 2024 (partially) S.I. 2024/639
1st January 2025 (for all S.I. 2024/639
remaining purposes)
Section 82 3rd November 2023 (partially) S.I. 2023/1170
17th May 2024 (for all S.I. 2024/639
remaining purposes)
Section 85 10th May 2022 (partially) S.I. 2022/518
Section 86 24th January 2022 S.I. 2022/48
Section 87 10th May 2022 (partially) S.I. 2022/518
Section 89 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Section 91 28th February 2022 S.R. 2022 No.54
Section 94 29th September 2022 S.I. 2022/988
Section 96 29th September 2022 S.I. 2022/988
(partially)
Section 98 3rd November 2023 (partially) S.I. 2023/1170
12th February 2024 (partially) S.I. 2024/44
1st May 2025 (partially) S.I. 2025/447
Section 100 3rd November 2023 (partially) S.I. 2023/1170
12th February 2024 (for all S.I. 2024/44
remaining purposes)
Section 101 12th February 2024 S.I. 2024/44
Sections 102 and 103 1st January 2024 S.I. 2022/1266
Sections 104 to 108 24th January 2022 S.I. 2022/48
Section 109 30th September 2022 S.I. 2022/518
Section 110 24th January 2022 S.I. 2022/48
Section 111 30th September 2022 S.I. 2022/518
Sections 112 and 113 24th January 2022 S.I. 2022/48
4Document Generated: 2026-05-05
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Provision Date of Commencement S.I. No.
Section 114 1st January 2023 S.I. 2022/1266
Section 115 30th November 2023 S.I. 2023/1170
Section 116 30th September 2022 S.I. 2022/518
(partially)
Part 7 30th September 2022 S.I. 2022/48
Section 140 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Schedule 1 17th November 2021 S.I. 2021/1274
Schedule 2 25th July 2022 (partially) S.R. 2022 No.54
Schedule 3 28th February 2022 S.R. 2022 No.54
Schedule 4 24th January 2022 (partially) S.I. 2022/48
28th February 2022 (partially) S.R. 2022 No.54
7th March 2022 (partially) S.I. 2022 No. 223 (W. 71)
9th November 2022 (for all S.S.I. 2022/305
remaining purposes)
Schedule 5 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Schedule 6 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Schedule 7 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Schedule 8 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Schedule 9 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
Schedule 11 1st May 2022 S.I. 2022/48
Schedule 12, Part 1 1st May 2022 S.I. 2022/48
Schedule 12, Part 3 1st May 2022 S.I. 2022/48
Schedule 13 24th January 2022 S.I. 2022/48
Schedule 14 3rd November 2023 (partially) S.I. 2023/1170
12th February 2024 (partially) S.I. 2024/44
1st May 2025 (partially) S.I. 2025/447
Schedule 16 1st January 2023 S.I. 2022/1266
Schedule 17 30th September 2022 S.I. 2022/518
(partially)
Schedule 18 30th September 2022 S.I. 2022/48
Schedule 19 30th September 2022 S.I. 2022/48
5Document Generated: 2026-05-05
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Provision Date of Commencement S.I. No.
Schedule 20 30th September 2022 S.I. 2022/48
Schedule 21 28th February 2022 (for all S.R. 2022 No.54
remaining purposes)
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