Environment—Spain—Q&A guide
Environment—Spain—Q&A guide

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Environment—Spain—Q&A guide
  • 1. What are the main statutes and regulations relating to the environment?
  • 2. Is there a system of integrated control of pollution?
  • 3. What are the main characteristics of the rules applicable to soil pollution?
  • 4. What types of waste are regulated and how?
  • 5. What are the main features of the rules governing air emissions?
  • 6. How are fresh water and seawater, and their associated land, protected?
  • 7. What are the main features of the rules protecting natural spaces and landscapes?
  • 8. What are the main features of the rules protecting flora and fauna species?
  • 9. What are the main features of the rules governing noise, odours and vibrations?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to environment in Spain published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Uría Menéndez—Carlos de Miguel; Jesús Andrés Sedano Lorenzo

1. What are the main statutes and regulations relating to the environment?

Spanish environmental law is governed primarily by the Constitution. Article 45 sets forth the right to enjoy an adequate environment for the development of the person, as well as the duty to preserve the environment. This article is also the basis for establishing sanctions for breach of environmental rules.

Below this, the basic rules of each of the 17 Spanish autonomous regions grant powers to the regional authorities on environmental matters. In addition, certain environmental powers are entrusted to the municipalities, mainly pursuant to Law No. 7/1985 on local government.

Following these basic rules, there are several statutes enacted by the Spanish state and autonomous regions on specific environmental matters. Among the basic statutes of the state, the following should be highlighted:

  1. Law No. 22/1988 of 28 July on Coasts;

  2. Law No. 11/1997 of 24 April on Packaging and Packaging Waste;

  3. Royal Legislative Decree No. 1/2001 of 20 July on Water;

  4. Law No. 37/2003 of 17 November on Noise;

  5. Law No. 1/2005 of 9 March regulating the greenhouse gas emissions trading scheme;

  6. Law No. 27/2006 of 18 July

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