Environmental damage

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:

•
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
•
a site of special scientific interest (SSSI) that has an adverse effect on the integrity of the site
•
surface water or groundwater that triggers a drop in the status of the water body
•
land that results in a significant risk of adverse effects on human health
•
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

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