Environmental Damage Regulation 2009

This regulation is to stipulate strict liability for damage to protected species, natural habitats, sites of special interest, surface and ground water and land. Basically, it is a fault-based liability- i.e. whoever is responsible for the damage must face the consequences. This is not a recent change in law; however there have been 2009 amendments. Chiefly they include:

1. Proactive action: it is now legally necessary to take proactive action to prevent imminent threat of environmental damage or further environmental damage where some has already been caused.
2. Disclosure: it is necessary to record and disclose details of environmental threat or damage to the relevant authorities.
3. Remediation: responsible parties are faced with the following consequences if they are deemed responsible for environmental damage:
   1. Restore damage
   2. Duplicate action in similar sites
   3. Compensatory remediation (i.e. more than initial repair')