Environmental Protection Bill

Background

The current Island Plan (2021-2026) (opens in a new tab) has an action for updated Environmental Protection Policies and associated legislation to ensure decisions are made to provide a clean and safe environment.

Isle of Man waste regulations sit under the Public Health Act 1990. This primary legislation was developed using the UK Control of Pollution Act 1974. Over the past 35 years, both industry and waste have significantly changed leading to the UK and other jurisdictions growing a wide range of environmental protection legislation. The Isle of Man has not advanced its legislation in this domain, thereby remaining out of alignment with international emissions controls, waste management regulations, environmental protection requirements, and its corresponding international obligations.

The primary purpose of the proposed legislation is to regulate the Government’s waste strategy, introduce international waste definitions and apply environmental protection standards to protect the air, water and land from pollution. The environmental protection standards should apply to all industries which pose an environmental risk within our jurisdiction, be they on island or in the Isle of Man territorial seas.

The proposed strategy is to bring the Islands environmental protection regulations in line with the UK standards where deemed reasonable and proportionate.

Scope

Onshore and offshore environmental protection policies and legislation are to be updated to provide an environment we can be proud of now and in the future. Renewed policies and updated legislation will provide an opportunity for the island to manage its waste, emissions and environmental risks in line with best available international standards. The intention is to deliver legislation and policies by reviewing risks posed and applying regulation where it is necessary and proportionate.

Many waste streams, industrial emissions and environmental risks have changed since the last Isle of Man primary legislation was approved by Tynwald (Public Health Act 1990). Industrial growth and development over the past 50 years has resulted in waste and emissions being significantly changed, therefore, the scope of this proposed legislation has been  developed to tackle our current wastes, emissions and pollutants, and using the precautionary principle, mitigate and limit environmental risks arising from current industrial and waste operations. The goal is to deliver legislation that sustainably manages waste and emissions to provide an environment we can be proud of and an Island that is fit for future generations.

Objectives

The objective of the Bill is to introduce legislation that:

1. Establishes internationally recognized regulations and standards for environmental protection to safeguard the island now and for future generations
    
2. Facilitates the sustainable development of offshore energy by creating a clear regulatory environmental protection framework for future developments including offshore wind
    
3. Amends the Water Pollution Act 1993, Part 2, to align with international commitments under the OSPAR Convention and the London Protocol, addressing emerging environmental challenges in water pollution control
    
4. Introduces the Polluter Pays Principle by ensuring that those responsible for environmental harm are financially accountable for the costs of remediation and mitigation, reinforcing sustainability and fairness