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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 aim to prevent and remediate environmental damage by imposing liability on operators who cause or allow such damage. The regulations require operators to take preventive measures and, if damage occurs, to take remedial action to restore the environment to its previous state. The regulations apply to a wide range of industrial activities, such as waste management, mining, and energy production, as well as to any activity that poses a significant risk of causing environmental damage. The regulations also apply to any person who is in control of the activity, including owners, tenants, and managers.
Under The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009, operators of potentially hazardous activities are required to demonstrate that they have taken all necessary preventative measures to avoid environmental damage. They must also provide evidence that they have taken immediate and effective remedial action in the event of damage occurring, including monitoring the effectiveness of any remediation measures taken. In addition, operators must provide evidence of their financial ability to meet any liability that may arise as a result of environmental damage. This may include providing evidence of insurance cover or financial reserves set aside for this purpose. The regulations also require operators to keep accurate records of their activities, including any accidents or incidents that occur, and to make these records available to the appropriate regulatory authority upon request.
The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 provide some exemptions to operators from certain obligations. For example, an operator is not liable for environmental damage if they can prove that the damage was caused by an event or series of events that was beyond their control and could not have been reasonably foreseen. In addition, operators may also be exempt from liability if they can prove that the environmental damage was caused by a third party and that they took all reasonable steps to prevent the damage from occurring. However, it should be noted that the exemptions are limited, and operators are still required to take all necessary preventative measures and remedial actions to avoid or mitigate environmental damage.
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In addition, the legal texts identified on this website do not represent all the legislation published in relation to the relevant topic areas. AvISO Consultancy selects the legislation which it believes will apply to the organisations and industries with which it is engaged. In addition, there may be some instances where new legislation or amendments to current legislation are introduced, but there is a slight delay between the introduction of that legislation and the availability of it on this website. AvISO Consultancy does not take responsibility for the accuracy of any information provided and would recommend that you take appropriate legal advice in relation to any legislation which is relevant to your organisation, as appropriate. In addition, the content of our webpages does not replace each organisation’s duty to be aware of and comply with the legal requirements applicable to their operations.
Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
If you would like to know more about ISO Standards, Certification and the value of a good management system you can add to your business we would love to hear from you: Kent: 01892 800476 | London: 02037 458 476 | info@avisoconsultancy.co.uk