Law No. LP107/2025 “On environmental liability in connection with the prevention and remediation of environmental damage”.
Country
Type of law
Legislation
Abstract
The purpose of this Law is to establish a legal framework for regulating environmental liability based on the polluter pays principle, in order to prevent and remediate environmental damage. The subject of this law are the procedures and modalities applied in the process of implementing environmental liability in relation to the prevention and remediation of environmental damage. This Law applies to: (a) damage to the environment caused by any type of professional activity listed in Annex 2, and any imminent risk of such damage caused by any of these activities; (b) damage to protected species and natural habitats and any imminent risk of such damage caused by professional activity, other than those provided for in Annex No. 2, whenever the operator acts intentionally or negligently; and (c) environmental damage and any imminent risk of such damage caused by diffuse pollution, only where a causal link can be established between the damage and the activities of individual operators. This Law does not grant any natural or legal person under private law the right to compensation as a consequence of environmental damage or the imminent risk of such damage. In such situations, the provisions of civil law shall apply. This Law shall be applicable to air, soil pollution and water pollution. In the event of an immediate risk of environmental damage, the operator is obligated to take preventive measures and, within two hours of the risk's occurrence, notify the Environmental Agency and the Environmental Protection Inspectorate. Preventive measures must be proportionate to the immediate risk and result in the prevention of harm, taking into account the precautionary principle in decision-making. The purpose of primary remediation is to restore the damaged natural resources and/or services to their original state or to a state close to it. Complementary remediation shall aim to provide a level of natural resources and/or services, including, where appropriate, at an alternative site, similar to that which would have been provided if the damaged site had been restored to its original condition. Where possible and appropriate, the alternative site shall be geographically linked to the damaged site, taking into account the interests of the affected population.
Attached files
Web site
Date of text
Entry into force notes
This Law enters into force upon the expiry of 24 months from the date of its publication in Official Gazette.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Republica Moldova PARLAMENTUL LEGE Nr. LP107/2025 din 22.05.2025 privind răspunderea de mediu în legătură cu prevenirea și repararea daunelor aduse mediului.