New bill omits key ‘precautionary’ principle requiring developers and industry to prove actions will not harm wildlife or habitats as well as ‘polluter pays’ protections
Sandra Laville
Tuesday 17 October 2017 14.24 BST
Tuesday 17 October 2017 14.24 BST
The cornerstones of wildlife and habitat protection have been quietly left out of the withdrawal bill ripping the heart out of environmental law, campaigners say.
A key principle under EU law which provides a robust legal backstop against destruction of the environment – the precautionary principle - has been specifically ruled out of the bill as a means of legal challenge in British courts.
A key principle under EU law which provides a robust legal backstop against destruction of the environment – the precautionary principle - has been specifically ruled out of the bill as a means of legal challenge in British courts.
Based on the idea that the environment is unowned, the precautionary principle creates a bottom line forcing those who want to build or develop, for example, to prove in law what they are doing will not damage the environment.
Other key elements of EU legal protection, the polluter pays, and the principle that preventative action should be taken to avert environmental damage, have also been ruled out in the bill as a means to protect the natural world from damage by policymakers, development or industry after Brexit.
Other key elements of EU legal protection, the polluter pays, and the principle that preventative action should be taken to avert environmental damage, have also been ruled out in the bill as a means to protect the natural world from damage by policymakers, development or industry after Brexit.
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