Environmental liability directive - Revision history

Designing Buildings at 07:43, 15 January 2021

2021-01-15T07:43:05Z

← Older revision		Revision as of 07:43, 15 January 2021
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	* [http://jncc.defra.gov.uk/page-5411 Join Nature Conservation Committee].		* [http://jncc.defra.gov.uk/page-5411 Join Nature Conservation Committee].

−	[[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Other_legislation]]

Editor at 16:21, 18 November 2016

2016-11-18T16:21:22Z

← Older revision		Revision as of 16:21, 18 November 2016
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	The [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive] is intended to protect the environment (water, land and nature) by holding those that cause damage to the environment liable both legally and financially. The Directive came into force in April 2004 but only concerns damage that occurred after the deadline for Member States to transpose the Directive in April 2007.		The [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive] is intended to protect the environment (water, land and nature) by holding those that cause damage to the environment liable both legally and financially. The Directive came into force in April 2004 but only concerns damage that occurred after the deadline for Member States to transpose the Directive in April 2007.

	The Directive covers damage to:		The Directive covers damage to:
−	*Species and natural habitats that are protected by the 1992 Habitats Directive and the 1979 Birds Directive.	+
−	*Waters that are included in the 2000 Water Framework Directive.	+	* Species and natural habitats that are protected by the 1992 Habitats Directive and the 1979 Birds Directive.
−	*Contamination of land that could result in a significant risk of damage to human health.	+	* Waters that are included in the 2000 Water Framework Directive.
		+	* Contamination of land that could result in a significant risk of damage to human health.

	Annex III of the Directive lists certain high-risk activities to which strict liability applies. This means that operators will be held liable for damage, even if they are not at fault, although this strict liability is subject to the ‘mitigating considerations’ in Article 8(4).		Annex III of the Directive lists certain high-risk activities to which strict liability applies. This means that operators will be held liable for damage, even if they are not at fault, although this strict liability is subject to the ‘mitigating considerations’ in Article 8(4).
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	The Directive is implemented in the UK through the following legislation:		The Directive is implemented in the UK through the following legislation:
−	*England: Environmental Damage (Prevention and Remediation) Regulations 2009.	+
−	*Wales: Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.	+	* England: Environmental Damage (Prevention and Remediation) Regulations 2009.
−	*Scotland: Environmental Liability (Scotland) Regulations 2009.	+	* Wales: Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.
−	*Northern Ireland: Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009.	+	* Scotland: Environmental Liability (Scotland) Regulations 2009.
		+	* Northern Ireland: Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009.

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki. ===		=== Related articles on Designing Buildings Wiki. ===
−	*Contaminated land.	+
−	*Designated areas.	+	* Contaminated land.
−	*Habitats regulations assessment.	+	* Designated areas.
−	*Natura 2000 network.	+	* Environmental Impairment Liability (EIL).
−	*Special areas of conservation.	+	* Habitats regulations assessment.
−	*Special protection areas.	+	* Natura 2000 network.
−	*Water framework directive.	+	* Special areas of conservation.
		+	* Special protection areas.
		+	* Water framework directive.

	=== External references ===		=== External references ===
−	*[http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive].
−	*[http://jncc.defra.gov.uk/page-5411 Join Nature Conservation Committee].

−	[[Category:Other_legislation]]	+	* [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive].
		+	* [http://jncc.defra.gov.uk/page-5411 Join Nature Conservation Committee].
		+
		+	[[Category:Other_legislation]] [[Category:DCN_Legislation]]

Designing Buildings at 08:42, 25 September 2015

2015-09-25T08:42:27Z

← Older revision		Revision as of 08:42, 25 September 2015
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−	The [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive] is ~~aimed at protecting~~ the environment (water, land and nature) by holding those that cause damage to the environment liable both legally and financially. The Directive came into force in April 2004 but only concerns damage that occurred after the deadline for Member States to transpose the Directive in April 2007.	+	The [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive] is intended to protect the environment (water, land and nature) by holding those that cause damage to the environment liable both legally and financially. The Directive came into force in April 2004 but only concerns damage that occurred after the deadline for Member States to transpose the Directive in April 2007.

	The Directive covers damage to:		The Directive covers damage to:
−	*Species and natural habitats that are protected by the 1992 Habitats Directive and the 1979 Birds Directive.	+	*Species and natural habitats that are protected by the 1992 Habitats Directive and the 1979 Birds Directive.
	*Waters that are included in the 2000 Water Framework Directive.		*Waters that are included in the 2000 Water Framework Directive.
−	*Contamination of land that could result in a significant risk of damage to human health.	+	*Contamination of land that could result in a significant risk of damage to human health.

	Annex III of the Directive lists certain high-risk activities to which strict liability applies. This means that operators will be held liable for damage, even if they are not at fault, although this strict liability is subject to the ‘mitigating considerations’ in Article 8(4).		Annex III of the Directive lists certain high-risk activities to which strict liability applies. This means that operators will be held liable for damage, even if they are not at fault, although this strict liability is subject to the ‘mitigating considerations’ in Article 8(4).
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	For activities not listed in Annex III, operators can also be held liable for damage to protected species and natural habitats (but not land and water), if they are found to be at fault or have been negligent. Therefore, if an operator damages biodiversity through undertaking an un-listed activity, but is not at fault or the damage is to soil or water, the operator will not be liable under the Directive.		For activities not listed in Annex III, operators can also be held liable for damage to protected species and natural habitats (but not land and water), if they are found to be at fault or have been negligent. Therefore, if an operator damages biodiversity through undertaking an un-listed activity, but is not at fault or the damage is to soil or water, the operator will not be liable under the Directive.

−	An operator is considered to be any person who operates or controls an operational activity.	+	An operator is considered to be any person who operates or controls an operational activity.

	The Directive is implemented in the UK through the following legislation:		The Directive is implemented in the UK through the following legislation:

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2015-09-25T08:40:35Z

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The [http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive] is aimed at protecting the environment (water, land and nature) by holding those that cause damage to the environment liable both legally and financially. The Directive came into force in April 2004 but only concerns damage that occurred after the deadline for Member States to transpose the Directive in April 2007.

The Directive covers damage to:
*Species and natural habitats that are protected by the 1992 Habitats Directive and the 1979 Birds Directive.
*Waters that are included in the 2000 Water Framework Directive.
*Contamination of land that could result in a significant risk of damage to human health.

Annex III of the Directive lists certain high-risk activities to which strict liability applies. This means that operators will be held liable for damage, even if they are not at fault, although this strict liability is subject to the ‘mitigating considerations’ in Article 8(4).

For activities not listed in Annex III, operators can also be held liable for damage to protected species and natural habitats (but not land and water), if they are found to be at fault or have been negligent. Therefore, if an operator damages biodiversity through undertaking an un-listed activity, but is not at fault or the damage is to soil or water, the operator will not be liable under the Directive.

An operator is considered to be any person who operates or controls an operational activity.

The Directive is implemented in the UK through the following legislation:
*England: Environmental Damage (Prevention and Remediation) Regulations 2009.
*Wales: Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.
*Scotland: Environmental Liability (Scotland) Regulations 2009.
*Northern Ireland: Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009.

= Find out more =

=== Related articles on Designing Buildings Wiki. ===
*Contaminated land.
*Designated areas.
*Habitats regulations assessment.
*Natura 2000 network.
*Special areas of conservation.
*Special protection areas.
*Water framework directive.

=== External references ===
*[http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0035 Environmental Liability Directive].
*[http://jncc.defra.gov.uk/page-5411 Join Nature Conservation Committee].

[[Category:Other_legislation]]