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Environmental Damage Regulations
The
Environmental Damage Regulations implement the European
Directive on Environmental Liability.
They are based on the ‘polluter pays principle’ so those
responsible prevent and remedy environmental damage, rather than
the taxpayer paying.
‘Environmental damage’ has a specific meaning in the
Regulations, covering only the most serious cases. Existing
legislation with provisions for environmental liability remains in
place
The emphasis, in the first instance, is on the business or other
‘operator’ identifying when there is an imminent threat or actual
damage and taking immediate action.
Enforcing authorities (hereafter: authorities) must determine
whether there is environmental damage and decide on the necessary
remedial measures.
Environmental liability is only a ‘backstop’. The emphasis should
be on proactively putting in place appropriate pollution prevention
measures so that imminent threats and damage do not arise
The Regulations only apply to damage after the Regulations come
into force, and they only apply to operators of economic
activities.
‘Environmental damage’ only refers to:
- Adverse effects on the integrity of a Site of Special Scientific
Interest (SSSI) or on the conservation status of species and
habitats protected by EU legislation outside SSSIs
- Adverse effects on surface water or groundwater consistent with a
deterioration in the water’s status (Water Framework Directive
term)
- Contamination of land that results in a significant risk of
adverse effects on human health
Legislation
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