GLOSSARY

Remediation definition

Published by a LexisNexis Energy expert

What does Remediation mean?

A general term for providing a remedy. Environmental remediation deals with the removal of pollution or contaminants from soil, groundwater, sediment or surface water etc. for the general protection of human health and the environment.

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UK CCUS—an overview

UK CCUS—an overview This Practice Note examines Carbon Capture Usage and Storage (CCUS) from the UK perspective. While currently there are no CCUS plans on the Irish island, the approach considered in this note is expected to be the same in Northern Ireland). This Practice Note considers: • what is CCUS and the key types of technologies it encompasses • the development of CCUS clusters in the UK • government policy and legislative developments aimed at increasing the deployment of CCUS, including the development of business models for establishing an incentive mechanism for CCUS projects and the Carbon Capture and Storage Infrastructure Fund • key drivers, obstacles and risks for CCUS uptake • policy developments in relation to repurposing existing oil and gas assets for CCUS projects, and • existing national and international legislative framework surrounding CCUS projects For more information specifically on the: • planning framework applicable to CCUS projects, see Practice Note: Carbon capture usage and storage—planning and policy • permitting requirements for CCUS projects, see Practice Note: Carbon capture usage and storage—permitting requirements What is CCUS? CCUS is the collective name for a set of technologies which deal with the capture of carbon dioxide (CO2), generated as a by-product of another process (such as electricity generation from fossil fuel sources, industrial processes and others, and the transportation of such CO2 via pipeline, ship or road tanker to a site where it can be

Banking and finance—environmental due diligence and practical ways for lenders to mitigate environmental risks

Banking and finance—environmental diligence'>due diligence and practical ways for lenders to mitigate environmental risks Why are lenders concerned about environmental risk? The ever growing number of environmental laws has affected the way that lenders perceive environmental risk and has generally given rise to a more stringent approach. Lenders are concerned about environmental risk for a number of reasons: • it can reduce the credit-worthiness of a borrower or guarantor • it can divert the cashflows on a project finance • it can negatively affect the value of the lender’s security • it can create direct liability for the lender (civil, criminal, requirements to remediate or comply with enforcement notices), and • there can also be reputational risks in lending to businesses that are seen as being 'dirty', particularly given the trend towards environmental, social and governance (ESG) factors where a range of mechanisms and principles are fomenting responsible business practices These risks could come about in situations where a borrower or other obligor breaches environmental laws and is faced with sanctions that could include: • fines and/or imprisonment • damages under civil actions • injunctions • clean-up works • costs involved in upgrading operations in compliance with required standards, and • business disruption, closure or restriction For lenders to properly assess the ability of a borrower to pay back a loan or the value of any guarantee or third party security, they need to, among many other matters, assess the

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Sold with information clauses

1 Definitions Contamination the presence or accumulation of any Hazardous Substances at, in, on or under the Property Contaminated Land Regime means the contaminated land regime set out in Part IIA of the Environmental Protection Act 1990 as amended from time to time and any statutory instrument or guidance issued under it Environment all or any of the following; namely air (including the air within buildings or other

Personal data sharing schedule—joint controller to joint controller—two way—balanced

Personal data sharing schedule—joint controller to joint controller—two way—balanced The ScheduleJoint controller arrangements 1 Definitions and interpretation 1.1 In this Schedule: Communication • means a complaint, enquiry, notice, request or other communication (but excluding any Data Subject Request) relating to either party’s obligations under any Data Protection Laws in connection with this Agreement and/or the Processing of any of the Shared Personal Data, including any compensation claim from a Data Subject or any notice, investigation or other action from a Data Protection Supervisory Authority relating to any of the foregoing; Consent • means a freely given, specific, informed and unambiguous indication (by a statement or by a clear affirmative action) by which the relevant Data Subject has agreed to the relevant disclosure(s) and/or Processing of the Shared Personal Data relating to them that has not been withdrawn. To the extent the relevant Shared Personal Data is Special Category Personal Data, this definition should be read as if the word ‘unambiguous’ above read ‘unambiguous and explicit’. The terms freely given, specific, informed, unambiguous and explicit in this definition shall be construed in accordance with Data Protection Laws; Contact Point • means, in respect of each party, the person identified as such in accordance with paragraph 1 of Appendix 5 of this Schedule; Controller • has the meaning given in Data Protection Laws; Data Protection Laws • means, as applicable to either party and/or to [insert reference to relevant activities

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When can a tenant be liable for contaminated land?

When can a tenant be liable for contaminated land? STOP PRESS: The Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 come into force on 1 January 2017. The regulations consolidate all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675 rather than making any substantive policy changes. We will be updating our content to reflect these changes as soon as possible. Contaminated land regime The contaminated land regime contained in the Environmental Protection Act 1990, Part IIA ( EPA 1990, Pt IIA) places a statutory duty on local authorities to identify 'contaminated land' in their area and to secure remediation. If a site is investigated or designated as contaminated land, the local authority will look first for any Class A 'causers' or 'knowing permitters'. If no Class A persons can be found, the current Class B owner or occupier may be liable. See Practice Note: Contaminated land—who may be liable? Tenant legally excluded as Class B occupier paying a rack rent Where there are no Class A persons and two or more Class B persons have been identified (eg the landlord as owner and the tenant as occupier), the statutory guidance seeks to exclude from liability a Class B person who does not have an interest in the capital value of the land in question. It excludes from liability any Class B person who: • occupies

Would the Environment Agency be able to refuse the surrender of a permit where it is found that a ditch that crosses the permitted site is contaminated by water discharge activity from a third party? Should this be dealt as a separate issue?

Would the Environment Agency be able to refuse the surrender of a permit where it is found that a ditch that crosses the permitted site is contaminated by water discharge activity from a third party? Should this be dealt as a separate issue? An environmental permit can be surrendered if the holder of the permit no longer needs it or they want to reduce the area of land covered by it. The latter is done by a partial surrender and the existing permit conditions may consequently have to be altered by the regulator. There are two different methods of surrender—notification or application to the regulator. Notification to the regulator is limited to operators of Part B installations (except to the extent they relate to a waste operation), mobile plant, solvent emission activities, stand-alone water discharge activities, stand-alone groundwater activities, stand-alone flood risk activities (except where a permit condition operates beyond the time when the activity is complete), medium combustion plant, and specified generators. Any other operators wishing to surrender their permit must do so by application, which must then be accepted by the regulator before ceasing to have effect. The regulator will only accept the application if it is satisfied that the holder of the permit made necessary precautions to: • ensure the regulated facility in question did not cause a pollution risk • allow the site to be returned

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Environment weekly highlights—11 August 2022

This week's edition of Environment weekly highlights includes: an analysis of the UK Critical Minerals Strategy by Professor Robert Lee of Birmingham Law School, as well as a consideration of the IPBES’ methodological assessment of the diverse values and valuation of nature. In addition, this week the Department for Business, Energy & Industrial Strategy has announced a £37m investment into innovative biomass technologies, the Department for Environment, Food & Rural Affairs has announced a £44.2m fund for woodlands expansion, the UK government has published its strategic framework for a net zero energy system and Defra and the Forestry Commission have launched a consultation on deer population management.

Banking and Finance weekly highlights—11 August 2022

This week's edition of Banking and Finance weekly highlights includes: (1) Companies House publishes letter to overseas entities who own or lease property in the UK, (2) BEIS issues order under National Security and Investment Act 2021, and (3) Cross-Parliamentary Group announces UK crypto regulation inquiry.

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