Environmental damage—operators’ obligations, enforcement, offences and appeals
Produced in partnership with Begonia Filgueira of Foot Anstey
Environmental damage—operators’ obligations, enforcement, offences and appeals

The following Environment guidance note Produced in partnership with Begonia Filgueira of Foot Anstey provides comprehensive and up to date legal information covering:

  • Environmental damage—operators’ obligations, enforcement, offences and appeals
  • Brexit impact
  • Environmental damage regime
  • Operators’ obligations
  • Emergency situations
  • Enforcement
  • Offences and Penalties
  • Appeals

Brexit impact

As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Environmental damage regime

Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability established a European framework for the prevention and remedying of environmental damage. The regulatory framework for Environmental Damage Regime (EDR) is implemented in England and Wales by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (EDR England), SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (EDR Wales), SI 2009/995.

EDR is aimed at preventing the imminent threat of environmental damage or actual environmental damage caused by certain activities, or where protected species, special habitats or a site of special scientific interest (SSSI) are involved by any other activity where the operator intended to cause environmental damage or where there was negligence.

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