SCHEDULES
SCHEDULE 2Improving the natural environment: Northern Ireland
PART 2Policy statement on environmental principles
I1I46Policy statement on environmental principles
1
The Department must prepare a policy statement on environmental principles in accordance with this paragraph and paragraph 7.
2
A “policy statement on environmental principles” is a statement explaining how the environmental principles should be interpreted and proportionately applied—
a
by Northern Ireland departments when making policy, and
b
by Ministers of the Crown when making policy so far as relating to Northern Ireland.
3
It may also explain how Northern Ireland departments and Ministers of the Crown, when interpreting and applying the environmental principles, should take into account other considerations relevant to their policy.
4
The Department must be satisfied that the statement will, when it comes into effect, contribute to—
a
the improvement of environmental protection, and
b
sustainable development.
5
In this Schedule “environmental principles” means the following principles—
a
the principle that environmental protection should be integrated into the making of policies,
b
the principle of preventative action to avert environmental damage,
c
the precautionary principle, so far as relating to the environment,
d
the principle that environmental damage should as a priority be rectified at source, and
e
the polluter pays principle.
I2I57Policy statement on environmental principles: process
1
The Department must prepare a draft of the policy statement on environmental principles.
2
The Department must consult—
a
the other Northern Ireland departments,
b
the Secretary of State, and
c
such other persons as the Department considers appropriate,
in relation to the draft statement.
3
The Department must lay the draft statement before the Northern Ireland Assembly.
4
If before the end of the 21 day period the Northern Ireland Assembly passes a resolution in respect of the draft statement, the Department must produce a response and lay it before the Assembly.
5
The Department must prepare and lay before the Northern Ireland Assembly the final statement, but not before—
a
if sub-paragraph (4) applies, the day on which the Department lays the response required by that sub-paragraph, or
b
otherwise, the end of the 21 day period.
6
The final statement has effect when it is laid before the Northern Ireland Assembly.
7
The Department must publish the statement when it comes into effect.
8
The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft statement is laid under sub-paragraph (3).
9
“Sitting day” means a day on which the Northern Ireland Assembly sits.
10
11
I3I68Policy statement on environmental principles: effect
1
A Northern Ireland department must, when making policy, have due regard to the policy statement on environmental principles currently in effect.
2
A Minister of the Crown must, when making policy so far as relating to Northern Ireland, have due regard to the policy statement on environmental principles currently in effect.
3
Nothing in this paragraph requires a Northern Ireland department or a Minister of the Crown to do anything (or refrain from doing anything) if doing it (or refraining from doing it)—
a
would have no significant environmental benefit, or
b
would be in any other way disproportionate to the environmental benefit.
4
Sub-paragraph (1) does not apply to policies so far as relating to taxation, spending or the allocation of resources within government.
5
Sub-paragraph (2) does not apply to policies so far as relating to—
a
the armed forces, defence or national security, or
b
taxation, spending or the allocation of resources within government.