A consultation on draft Regulations and guidance which will implement Directive 2004/35/EC, on environmental liability, in England and Wales, has been launched by the Department for Environment, Food and Rural Affairs (DEFRA) and will be open until 20 May 2008.
However, legislation isn't expected to come fully into force until the end of 2008, which is over 18 months later than the original implementation date of 30 April 2007. Scotland is planning to consult on the Regulations in April 2008.
The Regulations will supplement existing environmental protection legislation and are based on the "polluter pays principle." They will require those responsible for serious damage to certain species, habitats, water and land to meet the cost of preventive and remedial measures. They will apply to environmental damage and the imminent threat of damage resulting from occupational activities, where a link can be established.
In drafting the Regulations, the Government has indicated an intention not to go beyond the minimum requirements of the Directive unless exceptional circumstances dictate otherwise. Their provisions will extend to protect all species and habitats within areas classified as Sites of Special Scientific Interest (SSSI) and will implement state of the art permit defences which will exempt operators from remediation costs.
