March 2009 - Environmental Protection

New legislation to impact on environmental protection provision

From March 2009, UK industry will need to take account of their processes and procedures and how they affect the environment. Any organisation causing serious damage to the environment will have to pay for that damage under EC Directive 2004/35.

As a result, companies will face more comprehensive arrangements to protect the impact on the environment, with the cost of notifying any pollution incidents and remedying them expected to increase.

The Environmental Liability Directive (Environmental Liability Directive 2004/35/ EC) (ELD) is a section of European legislation that brings the principle of 'the polluter pays‘ into legal force.
It will force polluters to prevent and repair environmental damage caused by their activities.

Essentially, if you are responsible for any activity that causes damage to land, water or biodiversity, you will have to remedy the damage. It's important to note that you will no longer have to be prosecuted first.

If there is a risk of damage to the environment from your business activities, then you must immediately:
• take steps to prevent the damage or further damage
• notify the relevant authority

If the relevant authority establishes that there is damage within the scope of the regulations, you will have to submit proposals to rectify the situation.

A spokeswoman for the Department of Environment, Food and Rural Affairs, confirmed: "The regulations will come into force at the beginning of March when they are published - and guidance on compliance will be issued about a month in advance."

Companies and organisation are recommended to undertake a thorough risk assessment to ensure that they are not at risk regarding this new legislation, and implement the necessary procedures and controls to mitigate any potential impact on their operations.