Moved by
Baroness Jones of Whitchurch
66: After Clause 6, insert the following new Clause—
“Maintenance of EU environmental principles
(1) Public authorities must have special regard to and apply the principles set out in this section.
(2) The principles in this section are—
(a) the precautionary principle as it relates to the environment,
(b) that preventive action should be taken to avert environmental damage,
(c) that environmental damage should, as a priority, be rectified at source,
(d) the polluter pays principle, and
(e) that environmental protection requirements must be integrated into the definition and implementation of policies and activities, with a view to promoting sustainable development.
(3) The principles in subsection (2) may be called the “environmental principles”.
(4) In carrying out their duties and functions arising by virtue of this Act, public authorities must take account of the public interest in—
(a) promoting sustainable development in the United Kingdom and overseas,
(b) preserving, protecting and improving the environment,
(c) the prudent and rational utilisation of natural resources,
(d) promoting measures at the international level to deal with regional or worldwide environmental problems, and combat climate change,
(e) guaranteeing participatory rights including—
(i) access to information,
(ii) public participation in decision making, and
(iii) access to justice,
in relation to environmental matters, and
(f) acting in a way that takes account of available scientific and technical data.
(5) When making proposals concerning environmental protection, public authorities shall take as a base a high level of protection, taking account in particular of any new development based on scientific facts.
(6) Subsection (7) applies in any proceedings in which a court or tribunal determines whether a provision of primary or subordinate legislation is compatible with the environmental principles.
(7) If the court is satisfied that the provision is incompatible with the environmental principles, it may make a declaration of that incompatibility.”