Environmental damage—overlap with other regimes
Produced in partnership with Begonia Filgueira FIEMA of Squire Patton Boggs
Practice notesEnvironmental damage—overlap with other regimes
Produced in partnership with Begonia Filgueira FIEMA of Squire Patton Boggs
Practice notes
This Practice Note looks at the overlap of the environmental damage regime (EDR) with:
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the environmental permitting regime (EPR) under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154
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the Contaminated Land Regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990)
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the unlawful deposit of waste regime under the EPA 1990, s 59
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the anti-pollution works regime under the Water Resources Act 1991 (WRA 1991)
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the National Planning Policy Framework and Planning Policy Wales
Type of damage covered under different legislation
Environmental Damage Regulations
Under 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 (EDR) the damage covered is defined as environmental damage to:
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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
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a site of special scientific interest (SSSI) that has an adverse effect on the integrity of the site
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surface
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Environmental permit definition
What does Environmental permit mean?
Subject to certain exemptions, an operator requires an Environmental Permit in order to operate a regulated facility, such as a waste management facility, or to discharge to surface water or foul water, or to abstract water from controlled waters.
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