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Department of Agriculture, Environment and Rural Affairs Department of Agriculture, Environment and Rural Affairs An Roinn Talmhaíochta, Comhshaoil agus Gnóthaí Tuaithe Depairtment o' Fairmin, Environment an' Kintra Matthers

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  • Environmental liability

    Topics:
    • Actions to Protect our Environment, 
    • Local environmental issues

    Information about the Environmental Liability Directive, what environmental damage is and access to the Environmental Liability Regulations 2009.

    Environmental Liability Directive

    The Environmental Liability Directive (ELD) has the objective of making operators of activities which cause environmental damage financially liable for that damage (the ‘polluter pays’ principle). It imposes duties on operators of economic activities to take immediate steps to prevent damage if there is an imminent threat, and to control damage which is occurring so as to limit its effects.

    What is 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 and can be viewed here

    • The Environmental Liability (Prevention and Remediation)
      (Amendment) Regulations (Northern Ireland) 2009
    • The Environmental Liability (prevention and Remediation) Regulations (Northern Ireland) 2009
    • The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 - Guidance

    Cost recovery

    The Department intends to recover costs incurred in relation to any preventative and remedial actions taken pursuant to these Regulations, including the costs of measures taken on its behalf

    • Cost recovery protocol

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