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Environmental Liability Act.

Country/Territory
Germany
Document type
Legislation
Date
1990 (2017)
Source
FAO, FAOLEX
Original source
Bundesgesetzblatt, Part I, No. 67, 14 December 1990, pp. 2634-2643.
Subject
Environment gen.
Keyword
Access-to-information Liability/compensation EIA Resource/damage valuation Authorization/permit Legal proceedings/administrative proceedings Offences/penalties
Geographical area
Alps, Europe, Europe and Central Asia, European Union Countries, North Sea, North-East Atlantic, Western Europe
Entry into force notes
The present Act enters into force on 1 January 1991.
Abstract

The Act establishes rules regarding the liability of active and inactive establishments. It lays down the legal principle that if an establishment is capable of causing damage, it will be held liable unless proven to the contrary. The injured parties are given the right to receive specific information from the owners of the establishments assumed to have caused the damage and from the authorities. It determines the compensation for death, injury and damages. According to the Act, establishments are fixed facilities such as industrial plants and storage facilities including machines, equipment, vehicles and other mobile technical facilities and auxiliary facilities. Damage is due to an environmental impact when it is caused by substances, vibrations, noises, pressure, radiation, gases, vapours, heat or other phenomena that have spread in the soil, air or water. The Act consists of 23 Articles attached with two Appendixes.

Full text
German
Website
www.bmj.de