PART 2

ENVIRONMENT
CHAPTER 2

ENVIRONMENTAL GOVERNANCE

Interpretation of Chapter 2

Meaning of “environmental law” and “effectiveness of environmental law”
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1
In this Chapter, “environmental law” means any legislative provision to the extent that it—
a
is mainly concerned with environmental protection, and
b
is not concerned with an excluded matter.
2
Excluded matters are—
a
disclosure of, or access to, information,
b
national defence or civil emergency,
c
finance or budgets.
3
In subsection (1), “legislative provision” means—
a
provision contained in, or in an instrument made under, an Act of the Scottish Parliament, and
b
provision contained in any other enactment which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament.
4
The Scottish Ministers may by regulations provide that a legislative provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection (1) (and this Chapter applies accordingly).
5
Regulations under subsection (4) are subject to the affirmative procedure.
6
Before laying a draft of regulations under subsection (4) before the Scottish Parliament for approval, the Scottish Ministers must consult—
a
Environmental Standards Scotland, and
b
such other persons as the Scottish Ministers consider appropriate.
7
In this Chapter, references to the effectiveness of environmental law are references to the effectiveness of environmental law, or any particular aspect of it—
a
in achieving its intended effect by reference to its contribution to—
i
environmental protection, and
ii
improving the health and wellbeing of Scotland’s people, and achieving sustainable economic growth, so far as consistent with environmental protection, and
b
in contributing to the implementation of any international obligation of the United Kingdom relating to environmental protection,
and references to “effective environmental law” are to be construed accordingly.