PART 1

Environmental governance
CHAPTER 3

Interpretation of Part 1

Meaning of “environmental law”
46
1
In this Part “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
the armed forces or national security;
c
taxation, spending or the allocation of resources within government.
3
The reference in subsection (1) to “legislative provision” does not include devolved legislative provision, except for the purposes of section 20.
4
“Devolved legislative provision” means—
a
legislative provision contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation, and
b
legislative provision not within paragraph (a) which—
i
if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;
ii
if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd, or
iii
if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.
5
The Secretary of State 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 Part applies accordingly).
6
Before making regulations under subsection (5) the Secretary of State must consult—
a
the OEP, and
b
any other persons the Secretary of State considers appropriate.
7
Regulations under subsection (5) are subject to the affirmative procedure.