Environmental Damage (Prevention and Remediation) (England) Regulations 2015
What this means for your business
- Enforced by
- Environment Agency, DEFRA
- Applies to
- United Kingdom
- On this page
- 9 compliance obligations, 1 practical guide
What you must do
9 compliance obligations under this legislation — 4 can result in imprisonment.
Management duties 4
Identify and implement remediation measures after receiving a notice
2 years imprisonmentIf your business is named as the responsible operator and you get a remediation notice under regulation 18, you must quickly work out how to fix the environmental damage and send those proposals to the enforcing authority. You then have to carry out the measures set out in the authority’s remediation notice within the time‑frame they give you, otherwise you risk a criminal offence.
Prevent further environmental damage and notify the authority
If your business causes, or you have reasonable grounds to think it has caused, environmental damage you must act straight away to stop any more harm and inform the appropriate regulator of what has happened. You need to record the steps you take and send full details to the enforcing authority without delay. Failing to do either is a criminal offence.
Prevent imminent environmental damage and notify authority
2 years imprisonmentIf an activity you run poses an immediate risk of harming the environment, you must act straight away to stop it and, unless the risk is fully removed, inform the appropriate environmental regulator with full details. Doing nothing or failing to notify can lead to criminal prosecution.
Submit remediation proposals to the enforcing authority
2 years imprisonmentIf an enforcing authority decides that your activity has caused environmental damage, they will send you a notice. You must then put together a plan of measures to fix the damage, following Schedule 3, and send that plan to the authority within the time they set. You also have a right to appeal the notice.
Other requirements 1
Grant access rights for environmental remediation works
If you own or control land or water and an operator needs to carry out work to prevent or fix environmental damage, you must give them the legal right to enter and use the site. You can later apply for compensation for that permission under the Regulations.
Payments and fees 2
Pay the authority’s reasonable administration costs
If your business is identified as the operator responsible for environmental damage, you must cover the reasonable costs the regulator incurs when it prepares notices, assesses the damage, decides on remediation, runs consultations and monitors the work. In practice you need to budget for and pay these charges when the authority bills you.
Pay the enforcing authority’s reasonable costs if it acts for you
If you are the operator who should carry out remediation work under Part 2 and the Environment Agency steps in to do the work instead, you must pay the reasonable costs the authority incurs. The same applies if the authority takes action under regulation 15 or 23(a)/(b) on your behalf.
Offences and prohibitions 1
Fail to comply with authorised inspection instructions or give false information
2 years imprisonmentIf you operate a ship or marine installation and you do not follow the instructions of an authorised Environment Agency inspector – for example refusing to stop, allow boarding or provide assistance – or you deliberately give false or misleading information, you can be prosecuted. The offence can lead to a fine and/or imprisonment, depending on how the courts later classify the breach.
Reporting and filing 1
Provide information to the enforcing authority when asked
If the environmental regulator asks you for information about your operations, you must give it to them. This helps the regulator monitor and enforce environmental rules. Failing to supply the information is a criminal offence.
Penalties for non-compliance
4 penalties under this legislation. 4 can result in imprisonment. 4 carry an unlimited fine.
Identify and implement remediation measures after receiving a notice
Unlimited fine and/or 2 years imprisonment
Prevent imminent environmental damage and notify authority
Unlimited fine and/or 2 years imprisonment
Submit remediation proposals to the enforcing authority
Unlimited fine and/or 2 years imprisonment
Fail to comply with authorised inspection instructions or give false information
Unlimited fine and/or 2 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
40 classified provisions from this legislation.
Duties 10
- s.13 Preventing environmental damage
- s.14 Preventing further environmental damage
- s.17 Assessment of damage
- s.18 Determining liability to remediate it
- s.20 Remediation notices other person appearing
- s.24 Costs when the enforcing authority acts instead of the operator
- s.25 Costs concerned with administration
- s.30 Grant of and compensation for rights of entry etc.
- s.32 Provision of information to the enforcing authority
- s.35 Review
Powers 5
Definitions 7
- Schedule 1 Damage to Protected Species, Natural Habitats and Sites of Special Scientific Interest
- s.2 Interpretation activity baselines Directive 2000/60/EC
- s.3 References to EU instruments
- s.4 Meaning of “environmental damage”
- s.6 Areas of application the continental shelf the exclusive economic zone UNCLOS
- s.15 Action by the enforcing authority
- Schedule 2A Enforcing authority: activities not requiring a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016