Environmental Principles
In May 2022 the Government published the Draft Environmental Principles Policy Statement[1] to ensure that environmental principles are used consistently across government to guide policymaking whilst supporting innovation and economic growth. The Environmental Principles were introduced within the Environment Act 2021 with their objective being to guide Ministers and policy-makers towards opportunities to prevent environmental damage and enhance the environment, where relevant and appropriate[1].
The five Principles[1] are:
- An integration principle
- A prevention principle
- A rectification at source principle
- The polluter pays principle
- The precautionary Principle
Overview
Environmental Prinicples were first established within the various European Treaties and Directives (and the UK remains bound by a number of international agreements on environmental protection); however the Government made the decision to shape the implementation of environmental principles to domestic circumstances following Brexit with the aim of maintaining a high level of protection for wildlife and the environment[2].
The requirement to have the five Environmental Principles in place is enacted by regulation 17 of the Environment Act 2021 which states that they must contribute to:
- improvement of environmental protection, and
- sustainable development.
The five Environmental Principles
Integration Principle
The integration principle proposes that policymakers should look for opportunities to embed environmental protection in fields of policy that have environmental effects.
Applying the integration principle involves considering whether the policy has the potential to cause a negative environmental effect which could be avoided, minimised or reduced through alterations to the policy in proportion to other policy aims.
Integration may also present an opportunity for policymakers to build environmental protection, maintenance, restoration or enhancement into policies from the outset and throughout the development of policies[1].
In short, the integration principle requires that environmental protection is integrated into all other policy areas, in line with promoting sustainable development[3] i.e. all government departments and public authorities (such as Local Planning Authorities) have responsibilities to protect our environment.
Prevention Principle
The prevention principle means that government policy should aim to prevent environmental harm. This principle underpins many aspects of environmental policy to ensure that environmental damage, such as CO2 emissions, pollution or biodiversity loss is avoided[1].
The prevention principle should promote policy design options that prevent environmental damage either before it has occurred (through policy design), or to contain existing damage. This can have economic benefits as it prevents additional costs and complexities that arise when environmental damage occurs.
The prevention principle should generally be used in preference over the rectification at source principle or polluter pays principle, as these principles are used in instances when prevention cannot be achieved.
When applying the prevention principle, policymakers should have particular regard for habitats and species that are endangered or vulnerable, and national environmental priorities.
The principle is most effective when it is considered at an early stage, ideally before any environmental harm has occurred. The policymaker should therefore attempt to apply the prevention principle as early as possible. The prevention principle is applicable where a policy has the potential to cause a negative environmental effect. In circumstances where damage has already occurred, the principle should be used to prevent further damage from occurring and ensure that damage does not widen[1].
In summary, this principle requires preventive measures be taken to anticipate and avoid environmental damage before it happens. It is central to the UK’s planning policy and underlies several elements of environmental legislation[3].