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Prevention and Remedying of Environmental Damage (Amendment) Regulations, 2021


From: Ministry for the Environment, Climate Change and Planning
(Environment & Resources Authority)
​Published: ​25 March 2021
Running till: ​22 April 2021
​Last Updated: 25 March 2021

1.        Background​


The Prevention and Remedying of Environmental Damage Regulations (S.L. 549.97), transpose Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage.

The amendments being proposed to these regulations seek to amend regulation 13 so as to include a further category of natural or legal persons that may submit a request for action to ERA (as competent authority therein), whilst retaining the existing two categories outlined in sub-paragraphs (a) and (b).

The new sub-paragraph (c) entitles those “alleging the impairment of a right emanating from a valid license or permit,” to submit observations relating to instances of environmental damage of which they are aware and to request the competent authority to take action under the regulations.

Additional amendments to regulation 13(2) and (3) of S.L. 549.97 are being included therein to clarify that NGOs incorporated for the purpose of promoting environmental protection and meeting any requirements under the Voluntary Organisations Act, shall be deemed to have rights capable of being impaired for the purpose of sub-regulation (1)(c). Furthermore, when submitting a request under this sub-paragraph, the applicant must include evidence to substantiate the alleged impairment.

2.        Consultation Questions
In line with Article 55 of the Environment Protection Act (Cap. 549) the public is invited to make submissions to ERA with their comments as to why and how these regulations could be amended.

​3.        Documents
4.        Submission of input
Submissions must be sent in by email to and received by 22 April 2021.
We thank you in advance for your input.

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.

Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address:

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).


In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.​

Click on the 'Online Consultation' logo to go to the Public Consultations platform.

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