The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

Overview

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 set forth a framework for the prevention and remediation of environmental damage within England. These regulations implement the EU Environmental Liability Directive (ELD), which aims to prevent and remedy environmental damage, particularly to biodiversity, water, and land.

The 2015 regulations update and clarify the existing rules and procedures related to environmental liability, focusing on the prevention of environmental damage and the remediation of any damage that occurs. The regulations are designed to ensure that operators who carry out activities that cause environmental damage are held responsible for remedying this damage. The framework encourages operators to take preventive measures and to use the "polluter pays" principle effectively.

It should be noted that the Regulations do not cover all types of damage to the environment. They only cover environmental damage which is one or more of damage to:

• protected species and natural habitats or to a site of special scientific interest (these are referred to collectively in the guidance as damage to species and habitats);
• surface water or groundwater (these are referred to collectively in the guidance as damage to water); and, 
• land.

An imminent threat of environmental damage means that there is a sufficient likelihood that environmental damage will occur in the near future. This may include circumstances where: 

• A damaging event has not yet occurred but is sufficiently likely to in the future and lead to environmental damage if action is not taken.
• An event has occurred and there is no damage yet but there is a sufficient likelihood that environmental damage will occur in the near future if action is not taken.

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 play a critical role in ensuring that businesses take responsibility for preventing and remedying environmental harm, reinforcing the commitment to environmental protection and sustainability in England.