Legislation

What is it?

The Environmental Liability Directive is European legislation that makes the ‘polluter pays’ principle legally enforceable. In future the responsibility for repairing and preventing environmental damage will fall to those who cause it.

If you or your business performs any activity that damages 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 this damage from occurring.

Who is affected?

Private businesses, public sector enterprises (including schools, hospitals and government departments), voluntary or privately organised activities will all be liable under 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. Governments in these countries are at different stages in preparing their regulations.

Why are they needed?

The regulations will ensure that the environment is fully protected against the most serious environmental damage. Prosecuting polluters can take a long time and does 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 future environmental legislation page of the Environment Agency’s website.