Figure 11 – Applicability of ELD liability regimes.
The figure 11 below shows the circumstances in which strict or fault-based liability apply under ELD.
In ELD the fault-based liability regime of occupational activities other than those listed in Annex III applies only to damage to biodiversity.
Some jurisdictions in their national legislation extended the scope of water and land damage beyond Annex III activities where there is fault or negligence. Even in this practical guide, the scope of water and land damage is extended beyond Annex III activities where there is fault or negligence.