Environmental damage—remediation and other notices
Produced in partnership with Begonia Filgueira FIEMA of Acuity Law
Last updated on 15/10/2019

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—remediation and other notices
  • Brexit
  • EU Exit Regulations
  • Notices
  • Notice to prevent damage
  • Notice to prevent further damage
  • Charging notice
  • Remediation liability notice
  • Determining liability to remediate
  • Appeals against the liability to remediate
  • More...

Environmental damage—remediation and other notices

Environmental damage attracts liability under the environmental damage regime (EDR) and comes from the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot.

The EDR is implemented in England and Wales through 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.

The EDR requires operators of activities responsible for serious environmental incidents to prevent and remedy the damage. For more information on the EDR, see Practice Notes:

  1. Environmental damage regulations—overview

  2. Environmental damage—when does the environmental damage regime apply?

  3. Environmental damage—what does it cover?

  4. Environmental damage—potential liabilities

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

  6. Environmental damage—Summary of enforcement options

Where damage has been caused and there are reasonable grounds for believing that it is, or may be, environmental damage, the enforcing authority must establish whether or not it is environmental damage.

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

Related documents:
Key definition:
Remediation definition
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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