Principles for Determining Liability for Environmental Damage Compensation
Pursuant to Article 130 of the Environmental Protection Law 2020 (Effective from January 01, 2022), stipulating damages due to environmental pollution, degradation, and principles to determine liability for compensation for environmental damage, as follows:
Damages due to environmental pollution and degradation include:
a) Reduction of the function and usefulness of the environment;
b) Damage to human life, health, property, and legitimate interests of organizations and individuals as a consequence of the reduction of the function and usefulness of the environment.
The determination of organizations and individuals causing environmental damage must be prompt, objective, and fair. Organizations and individuals causing environmental damage must compensate for the entire damage caused by them, and must also bear all the costs for determining the damage and performing the procedures for claiming compensation in accordance with regulations.
In case of two or more organizations or individuals causing environmental damage, the compensation for damage is regulated as follows:
a) The liability for environmental damage compensation of each entity is determined based on the type of pollutant, emission quantity, and other factors;
b) The liability for environmental damage compensation, payment of costs for damage determination, and performing the procedures for claiming compensation for each entity is determined corresponding to the ratio of causing the damage in the total environmental damage; in case the related parties or the state environmental management agency cannot determine the responsibility ratio, the arbitration agency or the Court decides according to its authority.
Organizations and individuals that fully comply with the legal provisions on environmental protection, possess a waste treatment system meeting the requirements, and can prove that they do not cause environmental damage, are not liable for environmental damage compensation and are not subject to costs related to damage determination and performing the procedures for claiming compensation.
Respectfully!
