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Environmental Damage (Prevention and Remediation) Regulations 2009 (S.I. No. 153 of 2009).

Type of law

These Regulations concern the prevention and remediation of environmental damage to: (a) protected species or natural habitats, or a site of special scientific interest, (b) surface water or groundwater, or (c) land, as specified in regulation 4. They implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage.
The Regulations apply in relation to environmental damage if it is caused by an activity in Schedule 2. In the case of environmental damage to protected species or natural habitats or a site of special scientific interest the Regulations also apply in relation to environmental damage caused by any other activity if the operator: (a) intended to cause environmental damage; or (b) was negligent as to whether environmental damage would be caused.
The Regulations provide that, for certain economic activities, where there is an imminent risk of environmental damage, the responsible operator must take steps to prevent it, and if it has occurred, must prevent further damage. Where damage has occurred, the enforcing authority must assess the damage and identify remedial measures. It must then serve a remediation notice on the responsible operator specifying what remediation is required.
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Legislation Amendment