Consultation launched on environmental liability

The proposal aims to establish a liability regime which ensures that 'the polluter pays' for the prevention and remediation of
environmental damage. DEFRA is consulting about “180 stakeholders” with
a closing date for responses of 24 May. Scotland, Wales and Northern Ireland are undertaking separate consultations to help in the formulation
of a UK wide response.
The European Commission adopted a proposal for a Directive on
Environmental Liability on 22 February 2002. The proposed Directive
would establish a Community wide framework for the restoration of
environmental damage based on the liability falling to the polluter,
the 'polluter pays principle'.

The proposed Directive would establish strict (no fault) liability
for damage to biodiversity, land, soil and water resources through a
wide range of specified activities and fault-based liability for
damage to biodiversity through any other activities. It would also
cover situations in which there is an imminent threat of such damage
occurring. It would not cover damage to private interests – injury,
property, economic loss – which would continue to be dealt with under
existing national legislation.

The directive would make competent national authorities
(in England the Environment Agency, English Nature and others) would
have responsibility for the management and enforcement of the regime,
including securing or carrying out the restoration of damage. In
England, these would include the Environment Agency and English
Nature.

The proposal provides for a range of defences and exemptions,
including on the basis of compliance with permit and the best
scientific and technical knowledge available. It would not apply to
environmental damage of a widespread or diffuse nature where a causal
connection to specific operators cannot be established. It would also
not apply where liability for compensation for or remedying of
environmental damage is provided for under specified international
conventions, specifically those relating to shipping, oil pollution
and nuclear liability, or under the Treaty establishing the Atomic
Energy European Community.