Environmental damage—operators’ obligations, enforcement, offences and appeals
Produced in partnership with Begonia Filgueira FIEMA of Acuity Law

The following Environment practice note produced in partnership with Begonia Filgueira FIEMA of Acuity Law provides comprehensive and up to date legal information covering:

  • Environmental damage—operators’ obligations, enforcement, offences and appeals
  • Brexit
  • EU Exit Regulations
  • Environmental damage regime
  • Operators’ obligations
  • Duty to immediately prevent environmental damage
  • Duty to prevent further environmental damage
  • Duty to immediately notify
  • Appropriate authority
  • Duty to remediate environmental damage
  • More...

Environmental damage—operators’ obligations, enforcement, offences and appeals

Brexit

11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime.

EU Exit Regulations

The Environment (Amendment etc) (EU Exit) Regulations 2019, SI 2019/458 make amendments to ensure the continued functioning of the Environmental Damage (Prevention and Remediation) Regulations 2009, SI 2015/810 following the implementation period completion date.

The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019, SI 2019/244 makes consequential amendments to ensure the proper functioning of the implementing regulations in Wales following the implementation period completion date.

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

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