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 the Environmental Damage Regime (EDR) in England and Wales is found in 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 of environmental damage or actual environmental damage caused by certain activities, or where protected species, special habitats or a site of special scientific interest (SSSI) are involved by any other activity where the operator intended to cause environmental damage or where there was negligence. ’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 SSSI that has an adverse effect on the integrity of

STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of this revised edition. This Practice Note looks at the overlap of the environmental damage regime (EDR) with: • the environmental permitting regime (EPR) under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 • the contaminated land regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990) • the unlawful deposit of waste regime under the EPA 1990, s 59 • the anti-pollution works regime under the Water Resources Act 1991 (WRA 1991) • the National Planning Policy Framework and Planning Policy Wales Type of damage covered under different legislation Environmental Damage Regulations Under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810 and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR) the damage covered is defined as environmental damage to: • a protected species or natural habitat that has a significant adverse effect on

The environmental damage regime (EDR) requires operators of activities responsible for serious environmental incidents to prevent and remedy the damage. It is based on the polluter-pays principle and it implemented the requirements of the EU Environmental Liability Directive. For more information, see: Environmental damage regulations—overview. Who is liable? The operator of an activity is liable for environmental damage. The operator is any natural or legal, private or public person who operates or controls an activity. It includes the holder of a permit or the person registering or notifying an activity. Activity means any economic activity, whether public or private and whether or not carried out for profit. It doesn't include purely domestic or recreational activities. The enforcing authority may take action against more than one operator, or there may be more than one person who is capable of being the operator and the authority must decide who to enforce against. Where environmental damage has occurred only one operator, known as the responsible operator, will be served with a remediation notice. However, the

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: • Environmental damage regulations—overview • Environmental damage—when does the environmental damage regime apply? • Environmental damage—what does it cover? • Environmental damage—potential liabilities • Environmental damage—operators’ obligations, enforcement, offences and appeals • 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. Notices The following notices can be served by the regulators under EDR England,

The EDR is implemented in England and Wales through the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995. The EDR requires operators of activities responsible for serious environmental incidents to prevent and remedy the damage. See Practice Notes: • Environmental damage regulations—overview • Environmental damage—when does the environmental damage regime apply? • Environmental damage—potential liabilities • Environmental damage—operators’ obligations, enforcement, offences and appeals The environmental damage regulations implemented the requirements of the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot. Environmental damage includes damage to: • land • marine waters • protected species or natural habitats • sites of special scientific interest (SSSI) • surface water or groundwater Environmental damage to land Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms that results in a 'significant risk of adverse effects on human health’. This is different to the definition of contaminated land under Environmental Protection Act

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 • marine waters so as to significantly affect their environmental status From December 2023, where a sewerage undertaker whose sewerage system includes a nutrient significant plant, fails to secure that the plant is able to meet the related nutrient pollution

This Practice Note sets out how environmental delivery plans (EDPs) and nature levies introduced under Part 3 of the Planning and Infrastructure Act 2025 (PIA 2025) will apply to developments in England, with practical advice notes together with an EDP due diligence checklist for developers. Speed read PIA 2025, Pt 3 reframes environmental delivery in planning, shifting efforts away from site-specific mitigation to strategic approaches delivered via EDPs and a national levy. The key practical tasks for lawyers are to interpret where and how EDPs apply, advise developers to quantify levy and compliance costs, and ensure continued compliance with environmental obligations that are not within EDP scope. Developers should keep options open where levies are voluntary so that cost, planning and reputational risks can be managed. PIA 2025, Pt 3 is not yet in force and will be brought into force by commencement regulations. The draft Nature Restoration Levy Regulations 2026 (the draft NRL Regulations) set out the detailed operation of the levy but are not yet in force. Government

The purpose of environmental due diligence The purpose of environmental due diligence is to: • assess the risk of inheriting any contaminated land liabilities associated with properties being transferred to the buyer • find out if any environmental permits need to be transferred to the buyer, or if new permits need to be applied for • identify material non-compliance with environmental law or permits or capital expenditure requirements that the buyer may become responsible for, and • provide recommendations to help mitigate these risks as far as possible through further investigations, price negotiations, contractual protections or environmental insurance For a more general discussion of due diligence, see Practice Note: Due diligence—share and asset purchases. The scope of environmental due diligence Environmental and health and safety (EHS) matters are usually investigated together for the following reasons: • many issues such as the duty to manage asbestos and exposure to chemicals are both health and safety concerns as well as an environmental issues, and • environmental managers will often be responsible for safety, health, environmental and quality issues The

A number of environmental liability issues can arise in property transactions. See Practice Notes: Environmental issues in property transactions—acting for a seller and Environmental issues in property transactions—acting for a buyer. This Practice Note focuses on the key environmental issues that practitioners should look out for when undertaking due diligence of leases, including: • land contamination liabilities • asbestos in buildings • Energy Performance Certificiates (EPCs) and Minimum energy efficiency standards (MEES) Land contamination liabilities There are numerous potential liabilities associated with land contamination that are summarised in Table A. Table A: Summary of the main land contamination liabilitiesRegulatory action Third-party liabilities Contractual liabilities Other liabilities Planning obligations and conditions in respect of development Private nuisance claims Lease disputes Clean up, investigation and monitoring costs Contaminated land regime, Part IIA of the Environmental Protection Act 1990 (EPA 1990) Public nuisance claims Agreement for lease disputes Loss of property value Environmental damage regulations, EDR (England), SI 2015/810; EDR (Wales), SI 2009/995 Negligent professional advice Licence to enter indemnity claims Delay or aborted transactions Anti-pollution

The purpose of environmental due diligence The purpose of environmental due diligence is to: • assess the risk of contaminated land liabilities at current and previous properties owned or occupied by the target • identify any material non-compliance issues or threatened proceedings or claims associated with the target • highlight any significant capital expenditure requirements to comply with the target’s environmental permits or with current or anticipated environmental legislation • provide recommendations to help mitigate these risks as far as possible through contractual protections, price negotiations, further investigations or environmental insurance Contaminated land is often one of the largest liability concerns in a corporate transaction and is a particularly important consideration in a share acquisition. In a share purchase, the buyer can inherit liabilities if the target has ‘caused’ or ‘knowingly permitted’ contamination at current and previously owned or occupied properties. The target can also have clean up liabilities as an innocent ‘owner’ or ‘occupier’ if any of the target’s properties are impacted by historic contamination. The target may also have contractual liabilities from leases

A round-up of the latest environmental enforcement, including a man prosecuted for failing to clear an illegal waste site.

A round-up of the latest environmental enforcement, including distillery and construction company penalised.