1/11/2023

New Environmental Principles Duty in Force

Allerton

Starting 1st November 2023, a new environmental principles duty has taken effect, marking a crucial milestone in embedding environmental considerations into government policy-making.

The Importance of Environmental Factors in Policy-Making

This duty will play a pivotal role in supporting the government's efforts to achieve the targets outlined in the Environmental Improvement Plan. It underscores the government's dedication to carefully assess environmental impacts when shaping policies.

Key Principles Guiding the Duty

Under this new duty, ministers and policymakers must consider the environmental consequences of new policies, guided by a set of core principles:

Integration Principle: This principle stresses the seamless integration of environmental protection into policy formation, making it an integral part of the process.

Prevention Principle: Government policy makers must focus on preventing environmental harm rather than addressing it after it occurs.

Rectification at Source Principle: Policies should aim to address environmental damage at its origin, reducing the need for subsequent interventions.

Polluter Pays Principle: Responsibility for the costs of environmental damage lies with those who cause it, rather than those who suffer the consequences or the wider community.

Precautionary Principle: When there is a potential for significant or irreversible environmental damage, this principle advocates taking cost-effective measures promptly, even in the absence of complete scientific certainty.

Broad Application, with Exceptions

This duty applies to all new or revised government policies, with exceptions for matters of national security and spending decisions. It reinforces the commitments outlined in the Environment Act 2021, making it a legal obligation for Ministers of the Crown to give due regard to these principles.

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