Environment Country Q&A tool

Resource type: Articles: know-how

Status: Law stated as at 01-Jul-2009

This tool enables subscribers to search the Country Q&A in the Environment Handbook by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the submit button.

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Regulatory framework

1. Please briefly set out the key environmental legislation and regulatory authorities in your jurisdiction.
 
2. To what extent are environmental requirements enforced by regulators in your jurisdiction?
 
3. To what extent are environmental non-governmental organisations (NGOs) and other pressure groups active in your jurisdiction?
 
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Emissions

4. Is there an integrated permitting regime or are there separate environmental regimes for different types of emissions? Can companies apply for a single environmental permit for all activities on a site or do they have to apply for separate permits?
 
5. If there is an integrated permitting regime, please provide a brief overview of it, in particular:

  • What permits are needed and which regulator issues them?

  • How long do permits last?

  • Are there restrictions on transferring permits?

  • What are the penalties for non-compliance?

 
6. Please summarise the regulatory regime for water pollution (whether part of an integrated regime or separate). In particular:

  • What permits or other authorisations are required and which regulator issues them?

  • Are any activities prohibited (such as causing or failing to prevent water pollution)?

  • Can the regulator require a polluter to clean up or pay compensation for water pollution?

  • What are the penalties for non-compliance?

 
7. Please summarise the regulatory regime for air pollution (whether part of an integrated regime or separate). In particular:

  • What permits or other authorisations are required and which regulator issues them?

  • Are any activities prohibited (such as discharging certain substances into the air without a permit or causing air pollution)?

  • Can the regulator require the polluter to clean up or pay compensation for air pollution?

  • What are the penalties for non-compliance?

 
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Climate change

8. Please provide a brief overview of emissions trading schemes in your jurisdiction, including any national targets and carbon allowances systems. Is your jurisdiction party to international agreements on this issue and how have they been implemented into your national law?
 
9. Are there targets to reduce greenhouse gas emissions from buildings in your jurisdiction? Is there legislation requiring buildings to meet certain minimum energy efficiency criteria? If yes, please give brief details.
 
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Environmental impact assessments

10. Please provide a brief overview of the requirements to carry out environmental impact assessments (EIAs) for certain projects (for example, construction of an oil and gas facility). In particular:

  • What type of projects and impacts are covered?

  • Are permits or other documents required before the project can start and which regulator issues them?

  • What are the penalties for non-compliance?

 
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Waste

11. Please provide a brief overview of the regulatory regime for waste. In particular:

  • What permits or other authorisations are required and which regulator issues them?

  • Do operators need to meet certain criteria (such as having sufficient financial means to operate landfills and other waste disposal sites)?

  • Are there special rules for certain types of waste (such as hazardous waste or electrical equipment)?

  • What are the penalties for non-compliance?

 
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Asbestos

12. Please provide a brief overview of the regulatory regime for asbestos in buildings. In particular:

  • What activities are prohibited?

  • What are the main obligations (such as investigating the presence of asbestos and risk assessments for employees) and who is liable to carry them out?

  • What permits or other authorisations are required and which regulator issues them?

  • What are the penalties for non-compliance?

 
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Contaminated land

13. Please provide a brief overview of the regulatory regime for contaminated land. In particular:

  • Which regulator is responsible and which legislation applies?

  • In what circumstances can a regulator require the investigation and clean-up of contaminated land?

  • What are the penalties for non-compliance?

 
14. In relation to liability for contaminated land:

  • Which party is liable for carrying out or paying for environmental investigation and clean-up?

  • Can an owner or occupier who has not caused contamination be liable for investigation and clean-up of contamination on their land?

  • Can previous owners or occupiers be liable for contamination they have caused in the past?

  • Are there limits on liability or ways for a party to limit its liability?

 
15. Can a lender incur liability for contaminated land and is it common for a lender to incur such liability? What steps do lenders commonly take to minimise such liability?
 
16. Can a private individual bring legal action against a polluter, owner or occupier (for example, for damage caused by the movement of contamination onto his land)?
 
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Transactions

17. In what circumstances can a buyer inherit pre-acquisition environmental liability in:

  • An asset sale?

  • The sale of a company (share sale)?

 
18. In what circumstances can a seller retain environmental liability after disposal in:

  • An asset sale?

  • A share sale?

 
19. Does a seller have to disclose environmental information to the buyer in:

  • An asset sale?

  • A share sale?

 
20. Is environmental due diligence common in an asset sale or a share sale? If yes:

  • What areas are usually covered?

  • What types of environmental assessments are available?

  • Are environmental consultants usually used? If so, what issues should be covered in an engagement letter (for example, limit on consultant's liability)?

 
21. When are environmental warranties and indemnities usually given and what issues do they usually cover in:

  • An asset sale?

  • A share sale?

 
22. Are there usually limits on environmental warranties and indemnities, for example, time limits or financial caps?
 
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Reporting and auditing

23. Do regulators keep public registers of environmental information (for example, of environmental permits or contaminated properties)? What is the procedure for a third party to search those registers?
 
24. Do companies have to carry out environmental auditing? Do companies have to report information to the regulators and the public about environmental performance?
 
25. Do companies have to report information to the regulators and the public about environmental incidents (such as water pollution and soil contamination)?
 
26. What powers do environmental regulators have to access a company's documents, inspect sites, interview employees and so on?
 
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Insurance

27. What types of insurance cover are available for environmental damage or liability and what risks are usually covered? How easy is it to obtain environmental insurance and is it usually obtained in practice?
 
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Tax

28. What are the main environmental taxes in your jurisdiction (for example, tax on waste disposal, carbon tax and tax breaks for carrying out clean-up of contaminated land)? For each tax, please briefly state how it is calculated, who pays it and the tax rates.
 
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Reform

29. Please summarise any proposals for reform and state whether they are likely to come into force and, if so, when.
 
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  • Resource ID: 1-500-3352
  • Law stated date: 01-Jul-2009
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