Iceland’s Act on Environmental Liability implements the polluter-pays principle by requiring operators responsible for environmental damage, or an imminent threat of such damage, to prevent the damage, remedy it when it occurs and bear the associated costs. For specified occupational activities, liability generally applies even without fault, while damage to protected species and nature-conservation areas caused by other occupational activities requires intent or negligence. The Act covers significant damage to protected species and areas, water—including ecological, chemical and groundwater status—and land contamination posing a significant risk to human health, subject to exceptions such as certain diffuse pollution, natural disasters and damage covered by specified international oil-pollution conventions. Operators must immediately take preventive measures where there is an imminent threat and, where damage has occurred, act to limit further harm, notify the Environment and Energy Agency, and submit a remediation plan. The Agency determines whether the situation constitutes environmental damage under the Act and who is responsible, and may order investigations, monitoring, sampling and other measures necessary to establish the causes and extent of the damage. It can also require preventive and remedial measures, including restoration of protected species, protected areas and water in accordance with the Act’s annex, and removal of contamination and restoration of land. The annex distinguishes primary remediation, aimed at restoring resources to their baseline condition; complementary remediation, used when full restoration is not possible; and compensatory remediation, which compensates for interim losses until restoration is achieved. The responsible operator normally bears the costs of investigations, preventive action, remediation and related public-authority measures, although limited defences apply, for example where damage was caused by a third party despite appropriate safeguards or resulted from compliance with a compulsory public order. Operators may also be required to provide financial security sufficient to cover their obligations. The Environment and Energy Agency supervises compliance, may itself carry out necessary measures at the operator’s expense, and has inspection and information-gathering powers. Environmental and outdoor-recreation organisations meeting statutory requirements may request action and appeal decisions, alongside affected operators and persons with legally protected interests. Violations such as failure to comply with orders, notification duties or inspections may lead to fines or imprisonment for up to two years, rising to four years for serious or repeated intentional offences.
آيسلندا · 2012-06-22