Environment Act 2021

PART 2 Policy statement on environmental principles

Policy statement on environmental principles

6 (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.

Policy statement on environmental principles: process

7 (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) The requirements in sub-paragraphs (1) and (2) may be met by the preparation of a draft statement, and consultation, before this paragraph comes into force.

(11) The Department may prepare a revised policy statement on environmental principles at any time (and sub-paragraphs (1) to (9) apply in relation to any revised statement).

Policy statement on environmental principles: effect

8 (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.