Legislation

What is it?

The Environmental Liability Directive is a piece of European legislation that will bring the principle of ‘the polluter pays’ into legal force. The responsibility of repairing and preventing environmental damage will fall to those who have caused it by their activities.

If you or your business carries out any activity that causes damage to land, water or biodiversity, you will have to remedy the damage. You will no longer have to be prosecuted first. If there is a risk of damage from your business activities, you must prevent such damage occurring.

Who is affected?

Private businesses, public sector enterprises (including schools, hospitals and government departments) voluntary or privately organised activities will all be affected by the Environmental Liability Directive. To find out how you or your company will be affected please contact a member of the SWR customer service team.

The Environmental Liability Directive will be brought into force through separate regulations for England and Wales, Northern Ireland and Scotland. The governments in these countries are at different stages in making their regulations. These processes have begun.

Why are they needed?

The regulations 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.

The regulations will supplement existing legislation on remedying damage to water, biodiversity and land and protecting the environment.

For more information on the Environmental Liability Directive, please visit the Environmental agencies website on future environmental legislation.