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; prevention principle; rectification at source principle; the polluter pays principle; and 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 are:
- the Integration Principle
- the Prevention Principle
- the Rectification at Source Principle
- the Polluter Pays Principle; and
- the Precautionary Principle
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].
Rectification at Source Principle
The rectification at source principle states that environmental damage should, as a priority, be addressed at its origin to avoid the need to remedy its effects later. Rectification at source should result in approaches that are more cost-effective, efficient, and equitable in the long-term[1].
The principle should be used to guide the design of policy that addresses or manages environmental damage, or potential environmental damage. It may not always be possible to identify or address all environmental damage at its origin. Where it is not possible to address it at source, there should be consideration of trying to contain or limit the environmental harm as much as possible.
The rectification at source principle works in parallel with the prevention principle, to ensure that damage or pollution is dealt with where it occurs.
Polluter Pays Principle
The polluter pays principle means that, where possible, the costs of pollution should be borne by those causing it, rather than the person who suffers the effects of the resulting environmental damage, or the wider community[1].
The polluter pays principle serves several functions and may be used through different phases of policymaking. It can be used in the design of a policy (before the damage has occurred) to prevent or deter environmental damage. In cases where pollution cannot be avoided or is caused by accident, the polluter pays principle can be used to restore or redistribute the costs of environmental damage. Applying this principle helps to incentivise individuals or groups to avoid causing environmental damage and encourage sustainable practices[1].
The polluter pays principle should be applied proportionately; meaning that the amount the polluter pays should be proportionate to the environmental damage and the wider costs and benefits to society of the activity in question. When deciding how much polluters should pay, policymakers must consider the value of the environmental damage caused by the polluter or the potential polluter, along with the costs and benefits associated with the polluter paying (fully or partially) for this damage. In some cases, full cost recovery may not be possible or proportionate and in these cases it may be reasonable that the cost is covered through other means[1].
Precautionary Principle
The precautionary principle assists the decision-making process in the face of a lack of scientific certainty. The principle helps policymakers deal with risks which may not be precisely calculable in advance[1].
The definition of the precautionary principle is outlined within the 1992 Rio Declaration to which the UK Government is signatory which states that 'where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation’[1].
The precautionary principle is applicable where there is plausible evidence of a risk that a particular policy could cause serious or irreversible damage to the environment, alongside a lack of scientific certainty about the likelihood and severity of this damage. The precautionary principle supports policymakers in their management of that risk. In applying the principle, the policymaker needs to make a reasonable assessment, using the best available scientific evidence, of the risk. Risk in this case should be understood as a combination of the likelihood of the environmental damage occurring and its severity. [1].