Environmental Liability Legislation
For updated legislation following Brexit, please refer to the pdf document downloadable from the Home & News Page.
The English Regulations came into force on 19 July 2015 and apply to England only. They impose obligations on operators certain activities requiring them to prevent or remediate environmental damage. They apply to damage to protected species, natural habitats, sites of special scientific interest (SSSIs), water and land and implement:
The 2015 Amendment Regulations extend categories of environmental damage to include damage to marine waters beyond 12 nautical miles from the baselines in Northern Ireland and correct errors in the Regulations. These Regulations also provide that in Scottish waters the Scottish Ministers are the enforcing authority except where otherwise specified. In particular the Secretary of State will continue to be the enforcing authority with respect to preventing and remedying damage caused by oil, gas and carbon dioxide storage activities, and with respect to the prevention of damage from marine transport activities. These regulations were most recently updated by The Environmental Damage (Prevention and Remediation) (England) Regulations 2019/1285 which places a responsibility on enforcing authorities to report instances of environmental damage to the Secretary of State. A similar amendment was made by The Rural Affairs and Environment (Miscellaneous Amendments) (Wales) Regulations 2019 which applies in Wales.
|The Marine Strategy Regulations 2010
|These regulations, which came into force on 15 July 2010, transpose the requirements of the Marine Strategy Framework Directive 2008/56/EC1 into UK law. It establishes a high-level framework which requires Member States to put in place measures to achieve or maintain good environmental status in their marine waters by 2020.