ABSTRACT
Likewise, although strictly not law, ministerial guidance on how powers and discretions are to be exercised under the relevant legislation may also be of considerable practical importance. For example, s 4(1) of the EA 1995 requires the Environment Agency to discharge its functions to protect or enhance the environment ‘so as to make the contribution towards attaining the objective of achieving sustainable development’. The section goes on to provide in s 4(2) that ‘Ministers shall from time to time give guidance to the Agency with respect to objectives which they consider it appropriate for the Agency to pursue in the discharge of its functions’. Such guidance ‘must include guidance with respect to the contribution which, having regard to the Agency’s responsibilities and resources, the Ministers consider it appropriate for the Agency to make, by the discharge of its functions, towards attaining the objective of achieving sustainable development’ (s 3). The Agency is under a duty to ‘have regard to’ such guidance. In guidance issued under this section the Minister accepts that ‘sustainable development entails reconciling the need for economic development and the needs of environmental protection’.
