The Environmental Damage (Prevention and Remediation) Regulations SI 2009/153 came into force in England on 1 March 2009, implementing Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage. Separate regulations are being made for Scotland, Wales and Northern Ireland.
Under the Regulations, those carrying out economic activities are required to prevent, limit and remediate significant environmental damage to protected species, natural habitats, sites of special scientific interest (SSSI), surface water, ground water and land. Operators of activities such as permitted IPPC installations, waste management operations, discharges to water sources and water abstraction and impoundment will be liable for any significant environmental damage, regardless of whether or not they intended to cause the damage or were negligent. However, operators of other activities will only be liable where they are found to be at fault.
Operators have a responsibility to take immediate steps to prevent environmental damage where an activity poses an imminent threat, and where damage is occurring, they must take action to prevent further damage. Where damage has already been caused, the relevant enforcing authority will assess the damage. Operators must then submit proposals setting out their plans for a remediation strategy, and the enforcing authority will serve a remediation notice on them, indicating the level and type of remediation package necessary. This could include primary, complementary and compensatory remediation measures.
The Regulations apply to damage caused after 1 March 2009 and certain activities or incidents will be exempt, for example oil pollution covered by international convention and damage caused by radioactivity.
