Environment Law Update: Transport and labelling of waste and hazardous substances 2

United Kingdom

Liability and compensation for transboundary movement

The UK has signed the Basel Convention Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal. The Protocol, which is concerned with the environmentally sound management of hazardous waste, establishes a system of strict liability for damage caused by transboundary movements of wastes. The Convention provides a system of prior informed consent whereby the person initiating the movement will be strictly liable for any damage caused until the waste is delivered to the person recycling or disposing of that waste, when they become liable. The person strictly liable will also be required to carry insurance up to the limit of their strict liability. Where exports occur, the onus is on the exporting state to ensure that the wastes are managed in an environmentally sound manner. The Protocol will take effect 90 days after it has been ratified by 20 countries. New UK legislation will be required to establish a liability regime for the UK before the Protocol can be ratified.
(DETR News Release, 8 December 2000)