This section brings together our guidance, reports, key decisions and other resources that could help trustees understand the scope of ‘the advancement of environmental protection or improvement’.

What is meant by ‘the advancement of environmental protection or improvement’?

1. The advancement of environmental protection and improvement includes preservation and conservation of the natural environment and the promotion of sustainable development. Conservation of the environment includes the conservation of a particular animal, bird, or other species or ‘wildlife’ in general; a specific plant species, habitat or area of land, including areas of natural beauty and scientific interest; flora, fauna and the environment generally. Charities concerned with environmental protection or improvement may need to produce independent expert evidence, that is authoritative and objective, to show that the particular species, land or habitat to be conserved is worthy of conservation. Further guidance on this can be found in our separate publication Preservation and Conservation (RR9).

2. Examples of the sorts of charities and charitable purposes falling within this description include:

• charities concerned with conservation of flora, fauna or the environment generally;
• charities concerned with conservation of a particular geographical area;
• charities concerned with conservation of a particular species;
• zoos;
• the promotion of sustainable development and biodiversity;
• the promotion of recycling and sustainable waste management;
• research projects into the use of renewable energy sources.

Charity Commission guidance

Related decisions of the Commission

Cylch

Consideration of an application for charitable status of an organisation which was an umbrella body and an information resource for community re-use and recycling bodies. It had objects to advance the education of the public in Wales concerning recycling and waste management, promoting scientific research and promoting the effectiveness and efficiency of other charities in the community recycling sector. The Commissioners considered that Cylch’s activities were also directed at the promotion of sustainable waste management. It was noted that the conservation and preservation of the environment was charitable. The Commissioners were satisfied that an additional object for the conservation and protection of the physical and natural environment by promoting sustainable waste management practices in the manner proposed could be added, that it satisfied the public benefit requirement and was charitable.

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The Environment Foundation

Review of a decision concerning the charitable status of an organisation with objects including to promote sustainable development by such means as are charitable. The Commissioners concluded that a qualifying formula in the objects that a non-charitable purpose is to be promoted “by such means as are charitable” was not an adequate way of limiting the expressed purposes to those which are exclusively charitable.

The Commissioners then considered whether and when the promotion of sustainable development might be charitable. They accepted that the promotion of sustainable development for the benefit of the public could be charitable provided that it was confined to purposes and activities recognised as charitable in law. The Commissioners considered how charitable aspects of such a purpose could be expressed. They accepted that these aspects were analogous with the preservation and conservation of the environment, the relief of poverty and promotion of urban and rural regeneration. They were satisfied that the purposes were for the public benefit.

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Recycling in Ottery (“RiO”)

Consideration of an application for charitable status by an organisation which promotes recycling. Its activities included providing a recycling scrap yard, a shop where donated and renovated items were sold and educational programmes about environmental matters relating to recycling. It was accepted that the conservation and protection of the physical and natural environment was charitable. Public benefit was satisfied; of particular relevance was evidence of the public policy recognition of environmental benefits of recycling. The purposes of RiO were to protect and safeguard the environment for the benefit of the public, particularly by promoting reuse and recycling as a means of waste disposal and the provision of recycling facilities and to advance education about environmental matters relating to recycling and as such were exclusively charitable.

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The Wolf Trust

Review of a decision concerning an application for charitable status by an organisation set up to establish and maintain a wolf centre in Scotland. It was noted that it could be charitable to conserve a species of animal including, in appropriate circumstances, animals dangerous to humans but that it was not charitable to promote the rights of animals nor was it necessarily charitable to promote the welfare of animals. It was also noted that a purpose to promote a change in the law or bring about a change in government policy was a political purpose and could not be charitable. Nor could a purpose to promote a propagandist or particular point of view.

The nature and scope of the Wolf Trust’s activities were considered by the Commissioners for the purpose of considering public benefit. The Commissioners concluded that the Wolf Trust’s primary purpose was to promote the introduction of the wolf into Scotland as an end in itself. That purpose was designed to influence the opinion of the public and the decisions of the relevant government authorities and neither the court nor the Commission could determine whether such a purpose was for the benefit of the public. As such it was not established for exclusively charitable purposes and was not a charity.

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