The following Environment practice note produced in partnership with Begonia Filgueira FIEMA of Acuity Law provides comprehensive and up to date legal information covering:
The environmental damage regime (EDR) applies to environmental damage in England and Wales. It requires operators of activities responsible for serious environmental incidents to prevent and remedy the damage. Liability is based on the polluter-pays principle.
See Practice Notes: Environmental damage—potential liabilities and Environmental damage regulations—overview.
Environmental damage is damage to:
a protected species or natural habitat that has a significant adverse effect on reaching or maintaining the favourable conservation status of the species or habitat
a site of special scientific interest (SSSI) that has an adverse effect on the integrity of the site
surface water or groundwater that triggers a drop in the status of the water body
land that results in a significant risk of adverse effects on human health
Defra has produced a decision tree for determining whether or not EDR applies.
See Practice Note: Environmental damage—what does it cover?
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.
The Environment (Amendment etc) (EU Exit) Regulations 2019, SI 2019/458 make amendments to ensure the continued functioning of the
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