Environmental damage

Copyright © 2026 LexisNexis

Legislation

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, and The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995, implement the environmental damage regime in England and Wales which is for the prevention and remediation of environmental damage. They originally implemented the requirements of the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot.

What is environmental damage

Environmental damage is damage to:

  1. •

    a protected species or natural habitat that has a significant adverse effect on reaching or maintaining the favourable conservation status of the species or habitat

  2. •

    a site of special scientific interest (SSSI) that has an adverse effect on the integrity of the site

  3. •

    surface water or groundwater that triggers a drop in the status of the water body

  4. •

    land that results in a significant risk of adverse effects on human health

  5. •

    marine waters so as to significantly affect their environmental status

For further guidance, see Practice Note: Environmental damage—what does it cover?

Legal duty to immediately notify regulators and to prevent damage

If

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Environment News

WRA publishes landfill disposals tax rates for 2026–27

The Welsh Revenue Authority (WRA) published Landfill Disposals Tax (LDT) rates for 2025–27 and confirmed the rates to apply from 1 April 2026. LDT is charged by weight on waste disposed of at authorised landfill sites in Wales. It replaced Landfill Tax in Wales from April 2018.

Defra announces plans to extend PACE and POCA powers to EA officers

The Department for Environment, Food and Rural Affairs (Defra) has announced plans to extend powers under the Police and Criminal Evidence Act 1984 (PACE 1984) and the Proceeds of Crime Act 2002 (POCA 2002) to Environment Agency (EA) enforcement officers to strengthen enforcement against waste crime. The proposed reforms enable officers to intervene earlier in criminal activities and disrupt the financial activities that support waste crime groups. Defra has also confirmed that a new Waste Crime Action Plan will be published soon to outline the government's comprehensive approach to tackling these crimes and under separate proposed legislation, waste criminals could face up to five years for illegal transportation and dealing of waste.

European Affairs Committee launches inquiry into UK-EU dynamic alignment

The House of Lords European Affairs Committee has launched a call for evidence in a new inquiry into dynamic alignment, as part of the parliamentary scrutiny of the government’s UK-EU reset. As the ten year anniversary of the Brexit vote approaches, the inquiry will examine the implications of new UK-EU agreements under which the UK would align with certain areas of EU law, participate in EU law decision-shaping processes, and make financial contributions to relevant EU activities. The inquiry will investigate dynamic alignment and associated issues, including the arrangements for implementation and parliamentary scrutiny of dynamic alignment, the implications for the UK devolved administrations, and the broader economic, regulatory and trade impact. The inquiry hopes to inform parliamentary consideration of the proposed ‘Reset Bill’, also referred to as the ‘Dynamic Alignment Bill’, which is expected in 2026, to provide for domestic implementation of the UK-EU reset agreements, including dynamic alignment. Written evidence should be submitted by 9.00am on 20 April 2026. Public evidence sessions will start on 24 March 2026, with the Committee aiming to report later in the year.

DESNZ launches industry engagement for new Hydrogen Network Code development

The Department for Energy Security and Net Zero (DESNZ) has announced the commencement of industry engagement on the development of a new Hydrogen Network Code (the Code) for hydrogen pipeline networks. Network codes are legal documents forming the basis of arrangements between network owners and users. As set out in the government’s response to the Hydrogen Economic Regulatory Frameworks Consultation, government will lead the development of the Code in partnership with industry and in close collaboration with Ofgem and other relevant stakeholders. DESNZ will host an introductory webinar in April 2026 to outline its proposed engagement approach and the process for developing the first issue of the Code. Industry engagement will take place at two levels: (1) a Code Engagement Forum, open to all Code-relevant stakeholders and intended to provide periodic updates on Code development; and (2) a smaller Code Advisory Group, comprising representatives of interests across hydrogen pipeline networks, with membership determined via an Expression of Interest (EOI) process to be launched during the webinar. The engagement is expected to be relevant to prospective hydrogen producers, transporters, storage providers and offtakers, including industrial users and hydrogen-to-power plants, as well as trade bodies, with further details on selection criteria and Terms of Reference to be provided at the first session.

View Environment by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Contributory negligence in personal injury claims

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an