Environmental liability directive
The 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:
- 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.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki.
- Contaminated land.
- Designated areas.
- Environmental Impairment Liability (EIL).
- Habitats regulations assessment.
- Natura 2000 network.
- Special areas of conservation.
- Special protection areas.
- Water framework directive.
[edit] External references
Featured articles and news
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Many resources for visitors aswell as new features for members.
Using technology to empower communities
The Community data platform; capturing the DNA of a place and fostering participation, for better design.
Heat pump and wind turbine sound calculations for PDRs
MCS publish updated sound calculation standards for permitted development installations.
Homes England creates largest housing-led site in the North
Successful, 34 hectare land acquisition with the residential allocation now completed.
Scottish apprenticeship training proposals
General support although better accountability and transparency is sought.
The history of building regulations
A story of belated action in response to crisis.
Moisture, fire safety and emerging trends in living walls
How wet is your wall?
Current policy explained and newly published consultation by the UK and Welsh Governments.
British architecture 1919–39. Book review.
Conservation of listed prefabs in Moseley.
Energy industry calls for urgent reform.
Heritage staff wellbeing at work survey.
A five minute introduction.
50th Golden anniversary ECA Edmundson apprentice award
Showcasing the very best electrotechnical and engineering services for half a century.
Welsh government consults on HRBs and reg changes
Seeking feedback on a new regulatory regime and a broad range of issues.
CIOB Client Guide (2nd edition) March 2025
Free download covering statutory dutyholder roles under the Building Safety Act and much more.