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

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

  • Environmental damage—operators’ obligations, enforcement, offences and appeals
  • Brexit impact
  • 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...

Brexit impact

11 pm (GMT) on 31 December 2020 marks 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 come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

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)

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