Question to the Department for Business and Trade:

To ask His Majesty's Government whether the UK–Australia Free Trade Agreement is an environmental agreement for the purposes of costs protection under the UNECE Aarhus Convention.

Costs limits in Aarhus Convention claims are regulated by Part 46 of the Civil Procedure Rules. An ‘Aarhus Convention claim’ is defined in rule 46.24. The interpretation of rule 46.24 is the subject of an ongoing appeal before the Court of Appeal. Therefore, the Government is unable to comment on this matter at this time.