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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 aim to prevent and remediate environmental damage caused by activities in England. The regulations require those carrying out activities that could cause environmental damage to take preventive measures, and to take action to remediate any damage that does occur.
The regulations apply to a wide range of activities, including industrial activities, waste management activities, and extractive activities. They also apply to activities carried out by public authorities, including highways and transport infrastructure.
The requirements of the regulations include:
1. The identification of activities that could cause environmental damage, and the assessment of the potential impact of these activities.
2. The implementation of measures to prevent environmental damage, including the use of best available techniques and practices.
3. The development of emergency plans to respond to environmental incidents, including the notification of relevant authorities.
4. The assessment and reporting of any environmental damage that occurs, and the implementation of measures to remediate this damage.
The regulations also establish a framework for enforcement, including the appointment of competent authorities and the imposition of penalties for non-compliance.
The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 require those carrying out activities that could cause environmental damage to provide evidence of their compliance with the regulations. The evidence requirements include:
1. Identification and assessment of the potential impact of the activity on the environment and its associated ecosystem services.
2. Demonstration of the measures taken to prevent environmental damage, including the use of best available techniques and practices.
3. Development and implementation of emergency plans to respond to environmental incidents, including the notification of relevant authorities.
4. Assessment and reporting of any environmental damage that occurs, and demonstration of measures taken to remediate this damage.
5. Evidence of the financial security or insurance in place to cover the cost of remediation in case of an environmental incident.
6. Evidence of any permits or authorizations required to carry out the activity, and compliance with the conditions set out in those permits or authorizations.
7. Evidence of any monitoring or reporting requirements imposed by the regulations or by any permits or authorizations.
The competent authorities responsible for enforcing the regulations may require the provision of evidence at any time, and failure to provide evidence may result in penalties. The regulations also require the retention of records for a specified period to allow for the monitoring and verification of compliance.
The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 do not apply to certain activities, including:
1. Activities that are subject to other environmental regulations, such as the Contaminated Land (England) Regulations 2006 or the Water Resources Act 1991.
2. Activities that are carried out under emergency circumstances, where there is an immediate threat to human health or safety.
3. Activities carried out for the purposes of national defense or security.
4. Activities carried out for the purposes of maintaining public order, safety or national security.
5. Activities carried out for the purposes of responding to a natural disaster or other emergency.
However, even if an activity is exempt from the regulations, the person carrying out the activity still has a duty to prevent and remedy any environmental damage that may result. Additionally, exemptions may be subject to certain conditions, and competent authorities may have the power to impose additional requirements or conditions on activities that would otherwise be exempt.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
If you would like to know more about ISO Standards, Certification and the value of a good management system you can add to your business we would love to hear from you: Kent: 01892 800476 | London: 02037 458 476 | info@avisoconsultancy.co.uk
