Traditionally, the primary environmental consideration has been potential soil and groundwater contamination because of current and former uses. In recent years, the consideration has been broadened to include air, nature life and mineral resources research.
There is a statutory obligation to remedy contamination and to undertake measures to prevent harm to occur to people and nature. In principle, legal responsibility follows the “polluter pays” principle (i.e. the person who spilled, released or discharged the offending substance will normally be liable). In case the owner of a property fails to comply with this statutory obligation, the local or regional authorities may sequestrate the property in order to comply with the respective obligations. Slovenian act regarding protection of the environment (Zakon o varstvu okolja) does not include any special provisions which would protect new owner in cases when former owner contaminated environment, with an exception of a general provision, which states that Republic Slovenia is responsible for abolition of environmental burden consequences and covers costs of that abolition, if costs cannot be loaded to certain polluters or consequences cannot be eliminated in any other possibility.
The exception in national law is the provision arising from the European Directive 2004/35/ec (environmental liability Directive). It states that every person is responsible for preventing an imminent threat of damage to the environment and for the prevention and remedying of environmental damage in connection with its activities, regardless of fault. However, this provision is not used for contamination that occurred before 30 April 2007. Further, the statute of limitation applies in cases where more than 30 years has already passed since the contamination.
Concerning potential soil and groundwater contamination as a result of current and former uses, for every functioning of device which can contaminate air, soil or water, special environmental permit is needed. Every intervention that could permanently or temporarily effected on water regime or water status, a document “water approval” is required. These approvals are often obligatory requirement for obtaining a building permit.
The Energy act (Energetski zakon), has introduced an important novelty- introduction of energy performance certification in accordance with provisions of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010. Everyone who rents or sells a building should possess energy performance certification. The cost of such certification is determined in a special procedure, but in average the price for a house would be from EUR 200 to EUR 500 while for multiple dwelling cost would arise to around EUR 3.000,00.
In regard to due diligence review, there are no special appointments of environment consultants, which will carry out a site visit and if necessary, undertake an intrusive investigation. Nevertheless, CMS office in Slovenia has experience of environmental due diligence reports in cooperation with environmental experts for clients interested in purchasing companies that have allegedly caused environmental damage in the past. It is also established and standard practice that important environmental issues are put in the “red flag” section, especially in regard towards soil contamination, which is most common in Slovenia
Strength of civil society initiative is very high, therefore Slovenian courts have already decided that many projects cannot be developed at all because of endangered animal species’ present on the certain area and of course because of emissions which has negative consequences for human health. It would be appropriately that potential investor explicitly orders due diligence performer to appoint all environmental issues, although that is already standard practice.
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