Contamination discovered on your site
- 1 step
UK Statutory Instrument
2015
England
Environmental Damage (Prevention and Remediation) (England) Regulations 2015
At a glance
Enforced by
What's here
12 compliance obligations, 1 practical guide · 2 journeys
Penalty landscape
5 of 12 obligations carry up to 2 years imprisonment. 7 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Operator 6
- Any Person 2
- Director or Officer 1
Plus 3 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Developing contaminated or brownfield land
- 1 step
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Introductory Provisions
Browse 13 other sections in this Part — procedural / definitional / commencement
Title, commencement and application
Interpretation
References to EU instruments
Meaning of “environmental damage”
Environmental damage to which these Regulations apply
Areas of application
Other legislation
Exemptions
Exclusion from damage to water
Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2016
Enforcing authorities in other cases
Enforcement
Nutrient significant sewage disposal works: environmental damage
Part 2 — Preventing Environmental Damage
Preventing environmental damage
2 years imprisonment- Prevent and notify imminent environmental damage Operator
Preventing further environmental damage
- Prevent and report further environmental damage Operator
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 3 — Remediation
Assessment of damage
Other duties (1) — Crown / regulator
- Enforcing authority must determine if environmental damage has occurred Statutory regulator
Determining liability to remediate
2 years imprisonmentOther duties (1) — Crown / regulator
- Regulator must notify you of liability for environmental damage Statutory regulator
Remediation notices
2 years imprisonment- Propose remedial measures for environmental damage Operator
Browse 5 other sections in this Part — procedural / definitional / commencement
Appeals against liability to remediate
Appeal against a remediation notice
Further provisions on remediation notices
Action by the enforcing authority
Reporting by enforcing authorities
Part 4 — Administration, Enforcement and Review
Costs when the enforcing authority acts instead of the operator
- Pay the regulator's costs if they perform your environmental works Operator
Costs concerned with administration
- Pay the regulator's administration and enforcement costs Operator
Grant of and compensation for rights of entry etc.
- Grant access for environmental repair works and claim compensation Any Person
Powers of authorised persons
2 years imprisonment- Fail to comply with authorised inspection instructions or give false information Any Person
Provision of information to the enforcing authority
- Provide information to the enforcing authority upon request Operator
Penalties
2 years imprisonment- Breach environmental damage regulations or cause corporate negligence Director or Officer
Review
Other duties (1) — Crown / regulator
- Secretary of State must review the Environmental Damage Regulations every 5 years Crown / Minister / Government department
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 5 — Revocations
Browse 1 other section in this Part — procedural / definitional / commencement
Revocations
Schedules
Browse 56 other Schedules — structural / supplementary
Damage to Protected Species, Natural Habitats and Sites of Special Scientific Interest
Damage to a protected species or natural habitat
Conservation status of natural habitats
Conservation status of species
Sites of special scientific interest
Express authorisation
Operations to which this Schedule applies
Transboundary shipment of waste
Operation of carbon dioxide storage sites
Interpretation
Operation of permitted installations
Waste management operations
Mining waste
Discharges requiring authorisation
Water abstraction and impoundment
Dangerous substances, plant protection products and biocidal products
Transport
Genetically modified organisms
Enforcing authority: activities not requiring a permit or registration under the Environmental Permitting (England and Wales) Regulations 2016
Modifications where regulation 9A applies
In relation to anything that is treated as environmental damage...
Regulation 17 does not apply.
Regulation 18 applies as if— (a) the opening words of...
Regulation 18A applies with the omission of paragraph (2).
Regulation 19(3) applies as if for paragraphs (a) to (e)...
Regulation 25(2) applies as if— (a) for paragraph (a) there...
Application of Part 1
Risk to human health
Objective
Primary and complementary remediation
Compensatory remediation
Choice of remediation
Identification of complementary and compensatory remediation
Options
Remediation of damage to land
The following are permits for the purposes of regulation 19(3)(d)...
In this Schedule, the “appointed person” means the person appointed...
The Secretary of State must then refer the appeal to...
Following the conclusion of the appeal by the appointed person,...
The person deciding the appeal may make such order as...
If the Secretary of State is the enforcing authority, the...
This Part applies when the Secretary of State is not...
Notification of appeal must contain— (a) a copy of the...
When notification is received— (a) the Secretary of State must...
The Secretary of State must notify the appellant of the...
When these are received, the Secretary of State must send...
At the same time the Secretary of State must notify...
The Secretary of State must then decide whether further evidence...
The Secretary of State must then decide whether or not...
Compensation for grant of rights
Interpretation
Period for making an application
Manner of making an application
Loss and damage for which compensation is payable
Basis on which compensation is assessed
Determination of disputes
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- National Planning Policy Framework (NPPF) (opens in a new tab) from MHCLG Detailed Guidance
- Contaminated Land Statutory Guidance (DEFRA 2012) (opens in a new tab) from DEFRA Publication
- Land Contamination Risk Management (LCRM) (opens in a new tab) from Environment Agency Publication
- Environment Agency guidance on land affected by contamination (opens in a new tab) from MHCLG Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Environment Agency
PrimaryEnvironmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
Office for Environmental Protection
Independent body established post-Brexit to scrutinise environmental law and investigate complaints about public authorities' failures to comply with environmental law in England …
Department for Environment, Food and Rural Affairs
Government department responsible for environmental protection, food production and standards, agriculture, fisheries, and rural communities. Sets environmental policy and works with agencies …
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.