What are the new Regulations?

From 1st March 2009 (England) and 6th May 2009 (Wales) the Regulations supplement the Existing Environmental Liability Directive (ELD) in forcing the polluter to:

• prevent environmental damage
• remedy the damage
• compensate the environment

What is Environmental Damage?

Environmental Damage under the Regulations includes:

• serious damage to protected species and habitats
• damage to Sites of Special Scientific Interest (SSSI)
• water contamination
• land contamination that adversely affects human health : INCLUDING DAMAGE TO YOUR OWN LAND

There is also liability without the need to prove fault for activities such as discharges to water, groundwater discharges, using pesticides, biocides or dangerous substances, activities requiring Environmental Permits.

Do I need an Environmental Liability insurance policy?

The answer is simple. Could you:

• accidentally pollute a watercourse?
• spill diesel contaminating the land - or could a thief on your land?
• unintentionally allow livestock to damage a conservation area?
• have spray drift which kills a protected species or habitat?
• suffer from sudden rainfall causing slurry run off?

If any of these could happen on your land...then YES you need protection.

There are hundreds of day to day farming and growing activities which could lead you to being held liable for damage under the new regulations.

My existing Public Liability policy says I have Environmental Liability - is this enough?

Some insurers are starting to add Environmental Liability insurance to their policies by means of an endorsement. Unfortunately the cover offered appears to be limited to costs of £25,000 and does not cover every aspect of the new Regulations, leaving you only partly protected.

What makes the LBU Environmental Liability policy unique?

The LBU policy is specifically designed to protect you against the new legislation. It is uniquely tailored for the farming and growing industries and is only available through LBU.

Cover includes:

• own site clean up costs
• damage to the environment and protected species
• off site clean up costs caused by gradual processes
• damage caused by pollution and farming operations