Research and analysis

RPC opinion: The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, post implementation review

The RPC's opinion of the Department for Environment, Food and Rural Affairs' review of the regulatory measures in the legislation.

• From: Regulatory Policy Committee
• Published: 29 April 2025

Documents

RPC opinion: The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, post implementation review

PDF, 131 KB, 6 pages

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Details

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 apply to serious environmental damage to land, water and to species and habitats. They impose duties on operators of economic activities to take immediate steps to prevent damage if there is an imminent threat, and to control damage which is occurring so as to limit its effects.

The Regulatory Policy Committee (RPC) gave a ‘red’ rating to the post implementation review of the regulations on 1 May 2024. This means that we considered the review to be not fit for purpose based on our scrutiny of the evidence and analysis presented. 

The RPC’s opinion refers to the evidence and analysis presented in the review, not the policy itself.

The RPC understands that the Department for Environment, Food and Rural Affairs (DEFRA) has undertaken further work since we issued our opinion. DEFRA has updated its review to reflect this and committed to undertake a further review earlier than required (within 3 years) to gather evidence to make a decision to retain, amend or revoke the regulations.

Published 29 April 2025