The new Environmental Damage Regulations are in effect from 1 March 2009. Based on the ‘polluter pays’ principle, the regulations set out action to be taken where there is an imminent risk of environmental damage or environmental damage has occurred. In the former case, action must be taken to prevent damage and in the latter case, remedial action can be required by the enforcing authority.
Failing to make the necessary notifications is a criminal offence, the penalties for which are a fine of up to £5,000 and/or up to 3 months imprisonment if prosecuted in the Magistrates Court; or an unlimited fine and up to 2 years imprisonment if prosecuted in the Crown Court.
