Part 1: Environmental Governance Chapter 1: Improving the natural environment Section 20: Statements about Bills containing new environmental law
This section requires that, where a Bill introduced into either House of Parliament contains a provision that, if enacted, would be environmental law, the Minister in charge of the Bill must make a statement to that House. The statement must set out that the Minister is of the view that the Bill does not have the effect of reducing the level of protection provided by any existing environmental law, or that the Minister cannot make such a statement but wishes the House to proceed with the Bill. The requirement does not apply to the wider planning regime, other than explicit environmental legislation such as Environmental Impact Assessments and Strategic Environmental Assessments.
	Subsection (1) sets out that the provisions apply where a Minister in charge of a relevant Bill is of the view that the Bill contains a provision that, if enacted, would be environmental law.
	Subsection (2) outlines that the Minister must make a statement, before Second Reading of the Bill in the House, that in the Minister’s view the Bill contains a provision that, if enacted, would be environmental law. In addition, the Minister must make a statement under subsection (3) or (4).
	Subsection (3) is applicable where a Minister is able to make a statement that in the Minister’s view the Bill will not have the effect of reducing the level of environmental protection provided for by any existing environmental law. Subsection (4) is applicable where a Minister is unable to make that statement but wants to confirm that they still wish to proceed with the Bill – for example, where an existing UK environmental protection is no longer justified by new scientific evidence.
	Subsection (5) sets out that, in making a statement under subsection (3), the Minister may in particular take into account that the same or greater levels of environmental protection might be provided by provisions that are different to those contained in existing environmental law – that is, to allow for different mechanisms for achieving the same or better environmental outcomes.
	Subsection (6)(a) provides that a Minister, in considering whether they can make a statement under subsection (3), must consider any protection provided for under powers conferred by the existing environmental law even if those powers have not been used. Subsection (6)(b) makes similar provision in enabling a Minister to take into account any new powers conferred by the Bill to provide for any environmental protection.
	Subsection (7) requires all statements made under this section to be in writing and to be published in such manner as the Minister considers appropriate.
	Subsection (8) provides for two definitions for the purpose of this section. Firstly, "environmental protection" is defined as:
protection of the natural environment from the effects of human activity;
protection of people from the effects of human activity on the environment;
maintenance, restoration or enhancement of the natural environment; or
monitoring, assessing, considering or reporting on anything in relation to the previous bullets.
	Secondly, "existing environmental law" is defined as environmental law existing at the time that the Bill to which the statement relates is introduced into the House, whether or not the environmental law is in force.
	Section 46 provides the definition of environmental law for the purposes of this section.