ADDRESSING THE PREVENTION AND REMEDYING OF ENVIRONMENTAL DAMAGE

The Prevention and Remedying of Environmental Damage Regulations (SL 549.97) establishes a legal framework under the Environment Protection Act (Cap. 549) aimed at addressing environmental liability based on the polluter-pays principle.

Such legislation aims to prevent and remedy environmental damage and to implement the provisions of EU Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage, more popularly known as ELD or the Environment Liability Directive.

The Prevention and Remedying of Environmental Damage Regulations and the Environmental Liability Directive (ELD) provide addressing prevention, by identifying those activities which may pose an imminent threat to the environment, as well as remediation.

The Regulations and the ELD also provide a framework for such assessment of damage and remediation and aim to create awareness and an incentive for further investments in prevention measures and better environmental practice.

These legal instruments are construed in parallel with other legislation, including the EU’s Habitats Directive, the Wild Birds Directive, the Water Framework Directive, the Marine Strategy Framework Directive and the respective national regulations, namely the Flora, Fauna and Natural Habitats Protection Regulations (SL 549.44), the Conservation of Wild Birds Regulations (SL 549.42), the Water Framework Policy Regulations (SL 549.100) and the Marine Policy Framework Regulations (SL 549.62). Other legal instruments are relevant vis-à-vis the management of waste from extractive industry, carbon storage and the safety of offshore oil and gas operations.

For further information on these national legal instruments and issues relevant to thematic aspects addressed by ERA and linked with the above, refer to the following links:

 

Additional Information and Links: