Remedies for environmental damage under the National Environmental Standards and Regulations Enforcement Agency (NESREA) (Establishment) Act 2007 and the Harmful Waste (Special Criminal Provisions, etc) Act 1988

Abstract

This article examines remedies for environmental damage under the NESREA Act 2007 and the Harmful Waste (Special Criminal Provisions, Etc.) Act 1988. For a remedy to crystalize, damage must have arisen, thus, environmental damage presupposes the existence of harm caused to an individual or property which causes impairment to function. Environmental damage may be to biodiversity, land, water due to activities that adversely affect human health or water quality. The main purpose of these regulations is to ensure compliance with environmental laws and regulations failure of which several remedies may accrue, thus, the polluter-pays-principle. This article examines the basis of liability, and situations that may give rise to a civil claim under the extant laws.

Keywords: environmental damage, remedies, harmful waste, NESREA, judicial review, strict liability, negligence, injunctions