Build a Comparative Guide

1.1

Which legislative and regulatory provisions govern environment and climate regulation in your jurisdiction?

1.2

Which bilateral and multilateral instruments on environment and climate regulation have effect in your jurisdiction?

1.3

Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have? To what extent do they cooperate? What are the mechanisms for cooperation?

1.4

What is the regulators’ general approach to environment and climate regulation/action?

2.1

What are the key features of the regulatory regimes that protect the following environmental assets in your jurisdiction? (a) Air; (b) Soil; (c) Fresh water; (d) Sea water; (e) Flora and fauna; and (f) Natural habitats and scenic landscapes.

2.2

What are the key features of the regulatory regime that protects against environmental nuisances (eg, noise, odour and light pollution) in your jurisdiction?

2.3

What are the consequences of breach of these regulatory regimes?

3.1

What are the key features of the regulatory regime governing greenhouse gas emissions in your jurisdiction?

3.2

What emissions trading regimes are operational in your jurisdiction and what are their key features?

3.3

How prominently does renewable energy feature in the energy mix in your jurisdiction? What regulations and other measures have been put in place to promote the use of renewable energy?

3.4

What regulations and other measures have been put in place to promote greater energy efficiency in your jurisdiction?

3.5

What other initiatives have been rolled out in your jurisdiction to combat climate change and its effects? How are those effects typically manifesting in your jurisdiction at the present time?

3.6

What impact is Covid-19 likely to have on climate action in your jurisdiction?

4.1

What environmental permits and approvals are required in your jurisdiction, and when are these typically required?

4.2

What is the process for obtaining environmental permits and approvals? If a permit or approval is refused, can the decision be appealed?

4.3

What is the duration of environmental permits and approvals?

4.4

What, if any, requirements and restrictions apply to the transfer of environmental permits and approvals?

4.5

What ongoing rights and obligations apply to the holder of an environmental permit or approval?

4.6

What are the consequences of breach of an environmental approval or permit?

5.1

How is ‘waste’ defined and regulated in your jurisdiction? Does the regime vary depending on the type of waste involved?

5.2

What key rights and obligations apply to waste operators in your jurisdiction? What are the consequences of breach?

5.3

Are any producer responsibility regimes applicable in your jurisdiction?

6.1

What are the key features of the regulatory regime governing hazardous activities and substances in your jurisdiction?

6.2

What key rights and obligations apply to operators of hazardous sites in your jurisdiction?

6.3

What reporting requirements apply to environmental accidents in your jurisdiction?

6.4

What is the process for investigating environmental accidents in your jurisdiction?

6.5

What are the potential consequences of breach of the regulatory regime governing hazardous activities and substances – both for operators themselves and for directors, managers and employees?

7.1

What are the key features of the regulatory regime governing contaminated land in your jurisdiction?

7.2

Who bears the liability for the clean-up of contaminated land? Can such liability be excluded or subcontracted/delegated?

7.3

How is liability determined in cases where multiple parties have contributed to the contamination?

7.4

Can individuals bring proceedings against polluters, landowners and/or occupiers where they have been affected by contamination? If so, which court/tribunal is competent to deal with such proceedings?

8.1

Are any public registers of environmental information maintained in your jurisdiction? If so, what are they, who can access them and how? What possibilities exist for third parties to access environmental information and what is the process for doing so?

8.2

What environmental reporting requirements apply to companies in your jurisdiction?

8.3

Are companies in your jurisdiction subject to environmental audit requirements?

8.4

When and how must environmental issues be disclosed (eg, in the event of the potential sale of land or a merger or acquisition)?

9.1

What environmental and climate taxes are applicable in your jurisdiction?

9.2

Are any exemptions or incentives available?

9.3

What strategies might parties consider to mitigate their environmental and climate tax liabilities?

10.1

What types of environmental insurance arrangements are put in place in your jurisdiction? Is there any mandatory environmental insurance in your jurisdiction? How sophisticated is the environmental insurance market? What, if anything, is excluded from insurance cover?

10.2

What are the ‘green finance’ arrangements in your jurisdiction? To whom do they apply? What, if any, obligations do they impose? Who is responsible for monitoring, enforcing and reviewing such arrangements in your jurisdiction?

11.1

In which forums are environmental and climate change disputes heard in your jurisdiction?

11.2

What issues do such disputes involve?

11.3

What defences and indemnities are available, both for corporates and for individuals?

11.4

How are environmental disputes resolved?

11.5

Have there been any recent cases of note?

12.1

How would you describe the current environment and climate change landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

13.1

What are your top tips for smooth environmental and climate change compliance in your jurisdiction and what potential sticking points would you highlight?