Polluter Pays Principle
The environmental policy principle that the costs of pollution and environmental damage should be borne by whoever causes them, rather than by those who suffer the effects or by the wider community — one of five principles government must have due regard to under the Environment Act 2021.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The polluter pays principle is one of five environmental principles (alongside integration, prevention, rectification at source, and precaution) that the government must apply under its statutory Environmental Principles Policy Statement, published by Defra. The Statement defines it directly: 'the polluter pays principle means that, where possible, the costs of pollution should be borne by those causing it, rather than the person who suffers the effects of the resulting environmental damage, or the wider community.'
The principle operates at different stages of policymaking: it can be built into a policy in advance to deter environmental damage, or used after pollution has occurred to allocate its costs. As the Statement puts it, 'the polluter pays principle serves several functions and may be used through different phases of policymaking. It can be used in the design of a policy (before the damage has occurred) to prevent or deter environmental damage. In cases where pollution cannot be avoided or is caused by accident, the polluter pays principle can be used to restore or redistribute the costs of environmental damage.' Since November 2023, ministers and officials have been under a legal duty to have due regard to this and the other environmental principles when making policy.
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Official sources
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