Legislation, Plan, etc.
Summary of high level aim/ purpose/ objective
Summary of lower level objectives, actions etc.
Relevance to the Plan
• Relates to environmental damage caused by any of the occupational activities listed in Annex III, and to any imminent threat of such damage occurring by reason of any of those activities; damage to protected species and natural habitats caused by any occupational activities other than those listed in Annex III, and to any imminent threat of such damage occurring by reason of any of those activities, whenever the operator has been at fault or negligent. • Where environmental damage has not yet occurred but there is an imminent threat of such damage occurring, the operator shall, without delay, take the necessary preventive measures. • Where environmental damage has occurred the operator shall, without delay, inform the competent authority of all relevant aspects of the situation and take all practicable steps to immediately control, contain, remove or otherwise manage the relevant contaminants and/or any other damage factors in order to limit or to prevent further environmental damage and adverse effects on human health or further impairment of services and the necessary remedial measures, in accordance with Article 7. • The operator shall bear the costs for the preventive and remedial actions taken pursuant to this Directive. • The competent authority shall be entitled to initiate cost recovery proceedings against the operator. • The operator may be required to provide financial security guarantees to ensure their responsibilities under the directive are met. • The Environmental Liability Directive has been amended through a number of Directives that are not of significant relevance to the SEA for the Guidelines. Implementation of the Environmental Liability Directive is contributed towards by a Multi-Annual Work Programme (MAWP) 'Making the Environmental Liability Directive more fit for purpose' that is updated annually to changing developments, growing knowledge and new needs.
Environmental Liability Directive (2004/35/EC) as amended by Directive 2006/21/EC, Directive 2009/31/EC, Directive 2013/30/EU and Regulation (EU) 2019/1010
The Strategy shall be in harmony with all inter-related legislation, plans and programmes relevant to environmental, planning, transport and alternative fuel matters - such as this. Implementation of the Strategy needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management.
Establish a framework of environmental liability based on the ‘polluter-pays' principle, to prevent and remedy environmental damage.
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