Environmental Liability

The Environmental Liability Directive (ELD) is aimed at the prevention and remedying of environmental damage.

For the purposes of the ELD, environmental damage is:

• Damage which has significant adverse effects on reaching or maintaining favourable conservation status of species and natural habitats protected under EC legislation;
  
• Damage that significantly adversely affects the ecological, chemical and/or quantitative status and/or ecological potential of waters falling within the scope of the water framework directive.
  
• Land contamination that creates a significant risk of human health being adversely affected as a result of direct or indirect introduction in, on or under land of substances, preparations, organisms and micro-organisms.

Environmental Liability Regulations 2009

The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 are now in operation.

The Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2009 (20kb)

The Environmental Liability (prevention and Remediation) Regulations (Northern Ireland) 2009 (122kb)

The Explanatory Memorandum, including transposition note (134kb)

The Regulatory Impact Assessment (1.12MB)

The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 - Guidance (480KB)

The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 - Quick start guide (268KB)

Public Consultation

A public consultation on draft Regulations to implement the Environmental Liability Directive in Northern Ireland closed on 21 May 2009.  The draft Regulations were accompanied by draft Guidance and a Partial Regulatory Impact Assessment.  The documents can be accessed using the following links:

Consultation Document (219kb)

Annex A - Draft Regulations (104kb)

Annex B - Draft Guidance (470kb)

Annex C - Partial Regulatory Impact Assessment (196kb)