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Consultation on the Legislation to Transpose the Environmental Liability Directive (Closed 12 September 2008)


The Department of the Environment, Heritage and Local Government invites comments from interested parties on the legislation transposing the Environmental Liability Directive (2004/35/EC).

The Environmental Liability Directive is about preventing and remedying environmental damage.  It aims to hold operators whose activities have caused environmental damage financially liable for remedying this damage, and it aims to hold those whose activities have caused an imminent threat of environmental damage liable for taking preventive actions.

The Directive will be transposed by a combination of primary and secondary legislation.  The factors taken into consideration in formulating these legislative proposals are set out in the Screening Regulatory Impact Analysis on the Directive.  This Screening RIA addresses the comments submitted as part of the first consultation on the transposition of this Directive and reflects the approach now being adopted.  The Environmental Protection Agency will be designated as the competent authority for the purposes of the Directive and the legislation transposing it.

The various documents, on which comments are sought are as follows:

 Draft Environmental Liability Bill 2008 (doc, 63kb)

 Draft Environmental Liability Regulations 2008 (doc, 108kb)

Environmental Liability Directive - Screening Regulatory Impact Analysis 2008 (doc, 624kb)

Guidance - Draft Legislation Transposing the Environmental Liability Directive (doc, 178kb)

The Summary of Responses to the First Consultation on the Screening RIA is available below.

Summary of Responses to the First Consultation on the Screening RIA  (doc, 82kb)

Comments should be submitted by email or by post to the address below.  Comments received may be made available publicly on the Department's website.

by email: environmentpolicy@environ.ie

by post: Environment Policy Section,
Department of the Environment, Heritage and Local Government,
Custom House,
Dublin 1.

Closed 12 September 2008

Previous Consultation 2007

The Department of the Environment, Heritage and Local Government previously invited comments from interested parties on proposals for transposing the Environmental Liability Directive (2004/35/EC). This consultation closed on the 19th of September 2007. The documentation associated with this consultation process is available below.

 Environmental Liability Directive - Screening Regulatory Impact Analysis 2007 (doc, 333kb)

 Environmental Liability Directive (pdf, 148kb)

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