Agriculture Minister Edwin Poots has published a discussion document seeking views (by 5 February 2021) on plans for environmental governance post-Brexit.

Role

At present, environmental oversight in the UK is undertaken by the European Commission, but this role will now fall to a new UK Office for Environmental Protection (OEP) to be established under the UK Environment Bill currently making its way through Parliament.

The OEP will independently scrutinise and provide advice on the development and implementation of environmental law, and handle complaints from members of the public around any potential failures of public bodies to comply.

It will not be replacing the NI Environment Agency (NIEA), which is the main environmental regulator in NI.

The OEP will consist of a chief executive and a board of up to 11 members.

But given that the UK Environment Bill has been delayed, an OEP in England will not be established until 1 July 2021. As a result, it is necessary to put in place interim arrangements in NI to handle any complaints from the public.

Climate act

While establishing an OEP is the immediate priority, there is also a consultation currently open on a Climate Change Bill for NI.

That legislation could then lead to the establishment of a new Environmental Protection Agency in NI, to ensure new climate targets are met.

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