Environmental Damage and Liability Regulations 2009

New environmental damage and liability regulations force polluters to prevent and remedy environmental damage that they have caused - the 'polluter pays' principle. They are:

Environmental Damage (Prevention and Remediation) Regulations 2009 SI 153
Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 SR 252
Environmental Liability (Scotland) Regulations 2009 SSI 266
Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 SI 995

If you or your business carry out an activity that causes environmental damage you will have to remedy the damage. If there is a risk of damage from your business activities, you must prevent such damage occurring.

The regulations do not apply to environmental damage caused before the regulations came into force.

Overall, the regulations are likely to be used only for the most serious cases of damage.

What is environmental damage?

Under the regulations, environmental damage is:

• serious damage to surface or ground water
• contamination of land where there is a significant risk to human health 
• serious damage to EU protected natural habitats and species or damage to Sites of Special Scientific Interest (SSSIs) or Areas of Special Scientific Interest (ASSIs) in Northern Ireland.

• private businesses
• farming
• manufacturing
• construction and demolition
• waste management 
• forestry
• public sector – schools, hospitals and government departments or agencies
• charitable and voluntary organisations.

The proposals will ensure that the environment is fully protected against the most serious environmental damage. Prosecutions against polluters can take a long time to conclude and do not result in the damage being remedied.

If you or your activities threaten to cause, or have caused, environmental damage you must:

• take steps to prevent the damage (or further damage) occurring
• inform the Environment Agency or other authorities who will tell you what you must do to prevent and/or remedy the damage.

If the Environment Agency has to remedy the damage for you, you will have to pay the costs.

In England and Wales, the Environment Agency, Natural England, local councils and the Secretary of State are responsible for administering and enforcing the regulations, depending on the type of damage involved.

In Northern Ireland, the Department of the Environment and its executive agency, the Northern Ireland Environment Agency (NIEA), are responsible for administering and enforcing the regulations.

In Scotland, SEPA, Scottish Ministers (as Marine Scotland) and Scottish Natural Heritage are responsible for administering and enforcing the regulations, depending on the type of damage involved.

If you don’t comply with the regulations, you can be prosecuted, fined and/or imprisoned.

England and Wales

Environmental Damage (Prevention and Remediation) Regulations 2009 SI 153
Environmental Damage (Prevention and Remediation)(Wales) Regulations 2009 SI 995
Defra: Quick guide to the regulations (Adobe PDF - 908KB)
Defra: In depth guide to the regulations (Adobe PDF - 1.24MB)