Environmental law

3.2 The Danish Act on Liability for Environmental Damage

The Danish Act on Liability for Environmental Damage is a civil tort liability act and does thus not set forth any provisions on measures under public law. However, if the authorities have incurred a loss due to any contamination covered by the Act, the expenses incurred by the authorities in investigating or remedying that contamination will be covered by the contaminator as a result of the strict liability imposed by the Act.

The Act on Liability for Environmental Damage stipulates strict liability in respect of environmental damage caused by certain listed activities. The activities are listed in the Act. The Act applies only if the contamination occurred after 1 July 1994.

The Act on Liability for Environmental Damage is rarely used.

If the contamination not is covered by the Act on Liability for Environmental Damage, liability for such contamination is based on case law. The basic principle is that if the contamination was caused by the contaminator due to activities giving rise to liability under the rules of tort liability, the contaminator will be liable for the contamination.

According to Danish case law, the conduct of the contaminator has to be regarded as negligent based on the standards for good and reasonable conduct which applied at the time of the contamination.