Q&As

Would decommissioning a site be subject to the polluter pays principle? Would this be subject to state aid? Would accepting historic risks be subject to the polluter pays principle?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on: 02 April 2019
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The ‘polluter pays’ principle is a fundamental principle of EU environmental law. It is enshrined in Article 191 of the Treaty on the Functioning of the EU. Accordingly, it is a governing principle of environmental law in the UK.

In addition to its application as a general legal principle, the ‘polluter pays’ principle is also reflected in the specific legal regime for Contaminated land contained in Part IIA of the Environmental Protection Act 1990 (EPA 1990).

As a starting point, both EU law and the domestic law relating to contaminated land impose certain legal obligations on those responsible for pollution or risks from pollution at a site. A classic example would be pollution and the risks of pollution from mines. Here, in addition to planning conditions and planning obligations likely to have been imposed on the operator of a mine, the law relating to contaminated land and, more

Denis Edwards
Denis Edwards

Normanton Chambers

Denis Edwards practises in all areas of Public law, EU Law and Environmental Law. His extensive public law and judicial review practice includes all of the fields of local government law, including planning, education law and community care. His EU law practice includes environmental law, public procurement, VAT, the four freedoms and social security law.

Denis has represented both claimants and defendants, including central and local government in numerous judicial review claims and appeared in courts and tribunals at all levels, including the Supreme Court, House of Lords, Court of Appeal, High Court, Upper Tribunal, First Tier Tribunal and Employment Tribunal. He has extensive experience of acting for and advising claimants and regulatory bodies in several areas governed by EU law, including VAT, health and safety at work, environmental law, food law, data protection and information law. He has particular specialisms on the implications of VAT for land and also in all areas of marine licensing and planning, including harbour orders.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Decommissioning definition
What does Decommissioning mean?

The final phase in the life cycle of an energy installation covering all activities from shutdown and removal of equipment and material to environmental restoration of the site.

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