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The Offshore Safety Directive (1) — environmental liability

By Laura Mackett and Sam Boileau

The Health and Safety Executive (HSE) and the Department of Energy & Climate Change (DECC) have been busy drafting and amending legislation to transpose the Offshore Safety Directive (OSD) into UK law. As the grand reveal of these draft regulations and a formal consultation paper is imminent, it is worth reminding ourselves of the anticipated new and modified regulatory requirements that both government and industry are, and will be, grappling with.

First, we look at liability for environmental damage.

The OSD extends the meaning of ‘water damage’ under the Environmental Liability Directive (ELD) to include damage to ‘marine waters’, which includes the waters of the renewable energy zone and continental shelf…

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