Financial and other matters

16Maintenance of environmental principles etc.

1

The Secretary of State must, within the period of six months beginning with the day on which this Act is passed, publish a draft Bill consisting of—

a

a set of environmental principles,

b

a duty on the Secretary of State to publish a statement of policy in relation to the application and interpretation of those principles in connection with the making and development of policies by Ministers of the Crown,

c

a duty which ensures that Ministers of the Crown must have regard, in circumstances provided for by or under the Bill, to the statement mentioned in paragraph (b),

d

provisions for the establishment of a public authority with functions for taking, in circumstances provided for by or under the Bill, proportionate enforcement action (including legal proceedings if necessary) where the authority considers that a Minister of the Crown is not complying with environmental law (as it is defined in the Bill), and

e

such other provisions as the Secretary of State considers appropriate.

2

The set of environmental principles mentioned in subsection (1)(a) must (however worded) consist of—

a

the precautionary principle so far as relating to the environment,

b

the principle of preventative action to avert environmental damage,

c

the principle that environmental damage should as a priority be rectified at source,

d

the polluter pays principle,

e

the principle of sustainable development,

f

the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities,

g

public access to environmental information,

h

public participation in environmental decision-making, and

i

access to justice in relation to environmental matters.