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:

1. •

   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

2. •

   a site of special scientific interest (SSSI) that has an adverse effect on the integrity of the site

3. •

   surface water or groundwater that triggers a drop in the status of the water body

4. •

   land that results in a significant risk of adverse effects on human health

5. •

   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

If