Law of Georgia on Environmental Liability (No. 244-IVMS-XMP of 2021)

The purpose of this Law is the legal regulation of issues related to environmental damage based on the 'polluter pays' principle. This law regulates legal relations related to the prevention of significant environmental damage, the mitigation of environmental damage or significant environmental damage, the measures to be taken in the event of environmental damage (including the implementation of remedial measures, and compensation for environmental damage and significant environmental damage). This Law shall apply to cases that are regulated by the international treaties of Georgia, unless otherwise provided for by the same international treaties. The further provides for prevention/mitigation of significant damage; measures to be implemented in the case of damage/significant damage; assessment of damage and making decisions by the Department; remedial measures; determining remedial measures; determining compensatory/adequate remedial measures at a site adjacent to the damaged area or at an alternative site; participation of interested parties in the process of determining remedial measures in the case of significant damage; coordinating with the Agency a plan of remedial measures and making amendments to it; implementation of remedial measures and supervision over the fulfilment of a plan of remedial measures; financial security for the risks of environmental damage; main goals of the environmental programme and the administration of its funds; the source of financing of the environmental programme; implementing and supervising measures financed from the environmental programme; and administrative offences, administrative proceedings and criminal liability. Additionally, the Law provides for the criteria for determining significant damage, including to biodiversity, land, water, and also provides for the particularly hazardous activities for the environment. Damage and (or) significant damage caused by an illegal action committed by a person before July 1, 2022 shall be calculated and compensated in accordance with the rules in force before July 1, 2022, and if a person is not obligated to compensate for damage and (or) significant damage caused to the environment by an illegal action committed before July 1, 2022 he has the right to apply to the Department by December 1, 2024 and request that it extend the procedures for imposing environmental liability or strict environmental liability provided for by this Law to him.